Civil Service Regulation Act 1956
“Appropriate authority.”
F5[2.—(1) Subject to subsection (2) and section 5, in this Act "appropriate authority" means—
(a) in relation to a civil servant—
(i) holding a position to which that civil servant was appointed by the Government, or
(ii) holding a position as a Commissioner of the Revenue Commissioners pursuant to Article 7 of the Revenue Commissioners Order 1923,
the Government,
(b) in relation to a civil servant who is of the grade of Principal or of an equivalent or superior grade to whom paragraph (a) does not apply, the Minister of the Government by whom the power of appointing a successor to that civil servant would for the time being be exercisable,
(c) in relation to a civil servant below the grade or rank of Principal or an equivalent grade, the Secretary General of the Department or the Head of the Scheduled Office in which the civil servant is serving,
(d) in relation to a civil servant holding a Ministerial Private Office appointment and who provides a service to a Minister of the Government, the Minister of the Government to whom that service is provided, and
(e) in relation to a civil servant holding a Ministerial Private Office appointment and who provides a service to a Minister of State, the Minister of State to whom that service is provided.
(2) Notwithstanding subsection (1), in this Act "appropriate authority" means—
(a) in relation to a civil servant who is the Secretary General of the F6[Houses of the Oireachtas Service] or the Clerk-Assistant of Dáil Éireann, in respect of matters directly related to the business of Dáil Éireann, the Chairman of Dáil Éireann, in all other respects, the Houses of the Oireachtas Commission,
(b) in relation to a civil servant who is the Clerk or Clerk-Assistant of Seanad Éireann, in respect of matters directly related to the business of Seanad Éireann, the Chairman of Seanad Éireann, in all other respects, the Houses of the Oireachtas Commission,
(c) in relation to a civil servant who is the Superintendent, Houses of the Oireachtas or the Captain of the Guard, Houses of the Oireachtas—
(i) in respect of matters directly related to the business of Dáil Éireann, the Chairman of Dáil Éireann,
(ii) in respect of matters directly related to the business of Seanad Éireann, the Chairman of Seanad Éireann,
(iii) in all other respects, the Houses of the Oireachtas Commission,
(d) in relation to a member of the staff of the Houses of the Oireachtas Commission who is of the grade of Principal or of an equivalent or superior grade, the Houses of the Oireachtas Commission,
(e) in relation to a member of the staff of the Houses of the Oireachtas Commission below the grade or rank of Principal or an equivalent grade, the Secretary General of the F6[Houses of the Oireachtas Service],
(f) in relation to a civil servant who is of the grade of Principal or of an equivalent or superior grade to whom subsection (1)(a)(i) does not apply, who is serving in the Office of the Secretary General to the President, the Taoiseach, F7[…]
(g) in relation to a civil servant below the grade or rank of Principal or an equivalent grade, who is serving in the Office of the Secretary General to the President, the Secretary General to the F8[President,]
F9[(h) in relation to a member of the civilian staff of the Garda Síochána who is of the grade or rank of Principal or of an equivalent or superior grade or rank to whom subsection (1)(a)(i) does not apply, the Minister for Justice, Equality and Law Reform, F10[…]
(i) in relation to a member of the civilian staff of the Garda Síochána below the grade or rank of Principal or of an equivalent grade or rank, the Commissioner of the Garda F11[Síochána, F12[…]]]
F13[(j) in relation to a member of staff of the Data Protection Commission, the Commissioner for Data Protection or, where more than one Commissioner for Data Protection stands appointed, the chairperson F14[(within the meaning of the Data Protection Act 2018), and] ]
F15[(k) in relation to a member of staff of the Tax Appeals Commission, the chairperson (within the meaning of the Finance (Tax Appeals) Act 2015).]
(3) For the purposes of paragraph (c) of subsection (1) "Department" includes such bodies or organisations (whether established by or under statute, or otherwise) other than a Scheduled Office, for which the Minister having charge of the Department concerned is responsible.
(4) For the purposes of paragraph (c) of subsection (1) "Scheduled Office" includes such bodies or organisations (whether established by or under statute, or otherwise) for which the Minister of the Government having charge of the Scheduled Office concerned is responsible.
(5) In this section "Minister of State" means a person appointed under section 1(1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 to be a Minister of State.
(6) A reference in this section to "the grade of Principal or of an equivalent or superior grade" shall be construed as a reference to the general service grade of principal or a position or office in respect of which the maximum salary is not less than the maximum salary of a general service grade principal.]
Annotations
Amendments:
F5
Substituted (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 6, S.I. No. 363 of 2006.
F6
Substituted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 14(1) and sch. part 1 ref. 1, commenced as per s. 15(3).
F7
Deleted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 73(a), S.I. No. 274 of 2008.
F8
Substituted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 73(b), S.I. No. 274 of 2008.
F9
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 73(c), S.I. No. 274 of 2008.
F10
Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 169(2)(a), S.I. No. 174 of 2018.
F11
Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 169(2)(b), S.I. No. 174 of 2018.
F12
Deleted (1.07.2020) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 14(2)(a), S.I. No. 238 of 2020.
F13
Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 169(2)(c), S.I. No. 174 of 2018.
F14
Substituted (1.07.2020) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 14(2)(b), S.I. No. 238 of 2020.
F15
Inserted (1.07.2020) by Finance (Tax Appeals and Prospectus Regulation) Act 2019 (39/2019), s. 14(2)(c), S.I. No. 238 of 2020.
Modifications (not altering text):
C76
Prospective affecting provision: application of subs. (1) extended by Policing, Security and Community Safety Act 2024 (1/2024), ss. 131(4), 176(4), not commenced as of date of revision.
Staff of Authority
...
(4) The Authority shall be the appropriate authority (within the meaning of the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of the staff of the Authority.
...
Officers of Police Ombudsman
...
(4) The Police Ombudsman shall be the appropriate authority (within the meaning of the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to officers of the Police Ombudsman.
C77
Prospective affecting provision: application of subs. (1) extended (31.03.2025) by Automatic Enrolment Retirement Savings System Act 2024 (20/2024), s. 30(5), S.I. No. 500 of 2024.
Staff of Authority
...
(5) The Authority is the appropriate authority (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in relation to members of its staff.
C78
Prospective affecting provision: application of subs. (1) extended by National Disability Authority Act 1999 (14/1999), s. 27(2A), as inserted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 100(1)(b)(ii), not commenced as of date of revision.
Staff of Authority.
27.— ...
(2A) The Authority shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of its staff (including the Director).
C79
Application of subs. (1) extended (17.07.2023) by Maritime Area Planning Act 2021 (50/2021), s. 64(4), S. I. No. 369 of 2023.
Staff of MARA, etc.
64. ...
(4) The MARA shall be the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 2005) in relation to its officers.
C80
Application of subs. (1) extended (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 19(3), S. I. No. 58 of 2023.
Staff of Tailte Éireann
19. ...
(3) The chief executive is the appropriate authority (within the meaning of the Civil Service Regulation Act 1956) in relation to the members of the staff of Tailte Éireann.
C81
Application of subs. (1) extended (9.02.2023) by Electoral Reform Act 2022 (30/2022), s. 17(4), S. I. No. 32 of 2023.
Staffing
17. ...
(4) The Commission shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to members of its staff.
C82
Application of subs. (1) extended by Companies Act 2014 (38/2014), s. 944K(9), as inserted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 10, S.I. No. 335 of 2022.
[Staff of Authority, etc.
944K. (1) Subject to subsection (3) and section 944F, the Authority may appoint such number of persons to be members of its staff as it may determine.
...
(9) The Authority is the appropriate authority (within the meaning of the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to its staff.]
C83
Application of subs. (1) extended (16.12.2019) by Judicial Council Act 2019 (33/2019), s. 35(3), S.I. No. 640 of 2019.
Staff of Council
35. ...
(3) The Board shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to members of the staff of the Council.
...
C84
Application of subs. (1) extended by Garda Síochána Act 2005 (20/2005), s. 62Q(4), as inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.
[Staff of Authority
62Q. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Authority as it may determine.
...
(4) The Authority is the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of its staff.]
C85
Application of subs. (1) extended (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 24(4), S.I. No. 449 of 2014.
Staff of Commission
24. (1) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may determine.
...
(4) The Commission shall be the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 2005) in relation to its officers.
...
C86
Application of subs. (1) extended with modifications (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 43(5)(a) and sch. 2 para. 7(3), commenced on enactment.
Continuance of office of Information Commissioner
43. ...
(5) (a) Subject to this section, Schedule 2 shall have effect in relation to the Commissioner.
...
SCHEDULE 2
The Information Commissioner
….
7. (1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may determine from time to time.
...
(3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the Public Service Management (Recruitment and Appointments) Act 2004, and the Civil Service Regulation Acts 1956 to 2005, as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then, so long as the delegation remains in force—
(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and
(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.
...
C87
Application of subs. (1) extended (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 26(7), S.I. No. 511 of 2006; references therein to "the Authority" construed (1.03.2023) as reference to Tailte Éireann by Tailte Éireann Act 2022 (50/2022), s. 29, S.I. No. 58 of 2023.
Staff of Authority.
26.— (1) Subject to subsection (3) and section 22(2), the Authority may appoint such number of persons to be members of its staff as it may determine.
...
(7) The Authority is the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 2005) in relation to its staff.
C88
Application of subs. (1) extended (9.12.2005) by Garda Síochána Act 2005 (20/2005), s. 71(3), S.I. No. 801 of 2005; Garda Síochána Act 2005 repealed by Policing, Security and Community Safety Act 2024 (1/2024), s. 5 and sch. 1, not commenced as of date of revision, subject to transitional provisions in ss. 33(4), 90(1), 93(4), 94(6), 95(4) 101(6), 228.
Establishment of Ombudsman Commission.
64.— (1) On the establishment day, a body corporate to be known as Coimisiún Ombudsman an Gharda Síochána or, in the English language, the Garda Síochána Ombudsman Commission stands established to perform the functions assigned to it by this Act.
...
Officers of Ombudsman Commission.
71.— (1) The Ombudsman Commission may appoint such numbers of persons as its officers as may be approved by the Minister with the consent of the Minister for Finance.
...
(4) The Ombudsman Commission is the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996) in relation to its officers.
C89
Application of subs. (1) extended (9.11.1999) by Courts Service Act 1998 (8/1998), s. 23(4), S.I. No. 336 of 1999.
Staff of Service.
23.—(1) The Board may appoint such number of persons to be members of the staff of the Service as may be approved by the Minister with the consent of the Minister for Finance.
...
(4) The appropriate authority (within the meaning of the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 to 1996) in relation to the staff of the Service shall be the Board.
...
C90
Application of subs. (1) extended (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 11(6)(a), commenced on enactment.
Staff of Board.
11.—(1) Subject to section 10, the Board may appoint such number of persons to the staff of the Board as may be approved of by the Minister with the consent of the Minister for Finance.
…
(6) (a) The appropriate authority (within the meaning of the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 and 1958) in relation to officers of the Board and solicitors of the Board who are civil servants in the Civil Service of the State shall, for the purposes of those Acts, be the Minister.
...
C91
Section applied with modifications (1.11.1994) by Statistics Act 1993 (21/1993), s. 9(3), S.I. No. 323 of 1994, as substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61(1) and sch. 2 part 1, commenced on enactment.
Staff of the Central Statistics Office.
(1) …
[(3) In relation to members of the staff of the Office, the Taoiseach shall be the appropriate authority for the purpose of the Civil Service Regulation Acts 1956 to 1996.]
Editorial Notes:
E38
Previous affecting provision: application of subs. (1) extended (31.03.2006) by Garda Síochána Act 2005 (20/2005), s. 19(4), S.I. No. 129 of 2006; repealed (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 3(1) and sch. part 1, S.I. No. 274 of 2008.
E39
Previous affecting provision: application of subs. (1) extended (25.04.2004) by Ombudsman For Children Act 2002 (22/2002) s. 21(4), S.I. No. 925 of 2004; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E40
Previous affecting provision: application of subs. (1) extended (19.01.2004) by Official Languages Act 2003 (32/2003), s. 20(4) and sch. 2 para. 7(3), S.I. No. 32 of 2004; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E41
Previous affecting provision: subs. (1)(aa), (ab) substituted (1.01.2004) by Houses of the Oireachtas Commission Act 2003 (28/2003), s. 20(1)(a), commenced as per s. 1(2) and 3(1)(a); substituted (4.07.2006) as per F-Note above.
E42
Previous affecting provision: subs. (1)(ac), (ad) inserted (1.01.2004) by Houses of the Oireachtas Commission Act 2003 (28/2003), s. 20(1)(b), commenced as per s. 1(2) and 3(1)(a); section substituted (4.07.2006) as per F-Note above.
E43
Previous affecting provision: application of subs. (1) extended (7.05.2003) by Civil Defence Act 2002 (16/2002), s. 36(4), S.I. No. 186 of 2003; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E44
Previous affecting provision: application of subs. (1) extended by Pensions Act 1990 (25/1990), s. 146(3) as inserted (28.04.2003) by Pensions (Amendment) Act 2002 (18/2002), s. 5, S.I. No. 119 of 2003; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15; repealed (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 5(1) and sch. 1 part 1 ref. 2, S.I. No. 524 of 2017.
E45
Previous affecting provision: application of subs. (1) extended (2.05.2002) by Valuation Act 2001 (13/2001), s. 10(1), S.I. No. 131 of 2002; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E46
Previous affecting provision: application of subs. (1) extended by Refugee Act 1996 (17/1996), s. 6 and sch. 1 para. 7, as substituted (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(s), S.I. No. 9 of 2000; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E47
Previous affecting provision: application of subs. (1) extended (21.04.1998) by Freedom of Information Act 1997 (14/1997), s. 33(4) and sch. 2 para. 7(3), commenced as per s. 1(2); ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).
E48
Previous affecting provision: application of subs. (1) extended (10.03.1997) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), ss. 2 and sch. 1 para. 11, S.I. No. 109 of 1997; repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.
E49
Previous affecting provision: application of subs. (1) extended (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 11(6)(b), commenced on enactment; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E50
Previous affecting provision: section applied with modifications (1.11.1994) by Statistics Act 1993 (21/1993), s. 9(4), S.I. No. 323 of 1994; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E51
Previous affecting provision: section applied with modifications (9.01.1989) by Data Protection Act 1988 (25/1988), s. 9(2) and sch. 2 para. 8(4), S.I. No. 349 of 1988; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15; repealed (17.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(e), S.I. No. 174 of 2018.
E52
Previous affecting provision: section applied with modifications (15.07.1986) by Garda Síochána (Complaints) Act 1986 (29/1986), s. 3 and sch. para. 4(3)(b), commenced on enactment; repealed (30.06.2015) by Garda Síochána Act 2005 (20/2005). s. 4 and sch. 1, subject to transitional provisions in ss. 111 and 128, S.I. No. 271 of 2015.
E53
Previous affecting provision: section applied with modifications (15.07.1986) by Garda Síochána (Complaints) Act 1986 (29/1986), s. 3 and sch. 1 para. 4(3)(c), (d), commenced on enactment; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15; repealed (30.06.2015) by Garda Síochána Act 2005 (20/2005), s. 4 and sch. 1, S.I. No. 271 of 2015, subject to transitional provisions in ss. 111, 128.
E54
Previous affecting provision: section applied with modifications (7.07.1983) by Ombudsman Act 1980 (26/1980), s. 10(4), S.I. No. 424 of 1983; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15; repealed (31.10.2012) by Ombudsman (Amendment) Act 2012 (38/2012), s. 14, commenced as per s. 1(3).
E55
Previous affecting provision: section applied with modifications (16.04.1975) by Law Reform Commission Act 1975 (3/1975), s. 10(6)(c)(i), commenced on enactment; rendered obsolete (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 6, S.I. No. 363 of 2006, which substituted a new provision which no longer contains any reference to "the Attorney General".
E56
Previous affecting provision: section applied with modifications (16.04.1975) by Law Reform Commission Act 1975 (3/1975), s. 10(6)(c)(ii), commenced on enactment; ceased (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 14, S.I. No. 363 of 2006, subject to transitional provisions in s. 15.
E57
Previous affecting provision: subs. (1)(b) amended (9.12.1959) by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 18(1)(II), commenced on enactment; section substituted (4.07.2006) as per F-Note above.
E58
Previous affecting provision: subs. (2)(a) and (b) repealed (9.12.1959) by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 18(2), commenced on enactment; section substituted (4.07.2006) as per F-Note above.