Civil Service Regulation Act 1956
F17[Tenure of office of established civil servants.
5.—(1) Every established civil servant shall hold office at the will and pleasure of the Government.
(2) Where the Government so authorises, the powers and functions of the Government under subsection (1) of this section may as respects an established civil servant be exercised by the Minister of the Government by whom the power of appointing a successor to that civil servant would for the time being be exercisable.
(3) Where the Government so authorises, the powers and functions of the Government under subsection (1) may, as respects an established civil servant in relation to whom a person other than a Minister of the Government is the appropriate authority, be exercised on behalf of the Government by such appropriate authority.
(4) Subsections (2) and (3) shall not apply as respects the dismissal of—
(a) a civil servant who is the Head of a Scheduled Office, or
(b) a civil servant who holds a position as Commissioner of the Revenue Commissioners appointed pursuant to Article 7 of the Revenue Commissioners Order 1923.
(5) A Minister of the Government shall not exercise the powers and functions exercisable by him or her by virtue of subsection (2) unless the Secretary General of the Department concerned or the Head of the Scheduled Office concerned has made a recommendation in writing in that regard as respects the civil servant concerned.
(6) This section shall not apply to a person who is an established civil servant holding the office referred to in section 17(1) of the Courts Service Act 1998.]
Annotations
Amendments:
F17
Substituted (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 7, S.I. No. 363 of 2006.
Modifications (not altering text):
C92
Application of section extended by Prison (Disciplinary Code for Officers) Rules 1996 (S.I. No. 289 of 1996), art. 11, as substituted (1.11.2009) by Prison (Disciplinary Code for Officers) (Amendment) Rules 2009 (S.I. No. 438 of 2009), art. 4, in effect as per art. 1(2).
Recommendations for Dismissal
[11. A decision to dismiss an officer from the Prison Service shall be made in accordance with the provisions of section 5 of the Civil Service Regulation Act, 1956 (No. 46 of 1956).]
C93
Application of section restricted (9.12.1959 (by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 20, commenced on enactment, as substituted (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 16, S.I. No. 363 of 2006.
[Tenure of office of staff of the Houses of the Oireachtas Commission.
20.—(1) Notwithstanding anything contained in section 5(1) of the Regulation Act, where the Government so authorises, the powers and functions of the Government under section 5(1) may as respects an established civil servant be exercised—
(a) in the case of a person who holds the office of Clerk or Clerk-Assistant of Dáil Éireann, by the Taoiseach on the recommendation of the Chairman of Dáil Éireann, [following consultation by that Chairman with the Houses of the Oireachtas Commission,]
(b) in the case of a person who holds the office of Clerk or Clerk-Assistant of Seanad Éireann by the Taoiseach on the recommendation of the Chairman of Seanad Éireann, [following consultation by that Chairman with the Houses of the Oireachtas Commission,]
(c) in the case of a person who holds the office of Superintendent, Houses of the Oireachtas, or Captain of the Guard, Houses of the Oireachtas, by the Taoiseach following consultation with the [Chairman of Dáil Éireann, the Chairman of Seanad Éireann and the Houses of the Oireachtas Commission];
(d) in the case of a person who is 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 and to whom paragraphs (a) to (c) do not apply, by the Houses of the Oireachtas Commission following a recommendation to that effect given by the Secretary General of the [Houses of the Oireachtas Service];
and
(e) in the case of a person who is a member of the staff of the Houses of the Oireachtas Commission who is below the grade of Principal or of an equivalent grade and to whom paragraphs (a) to (c) do not apply, by the Secretary General of the F1[Houses of the Oireachtas Service].
(2) 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.]
Editorial Notes:
E59
Previous affecting provision: application of section restricted (9.12.1959) by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 20, commenced on enactment; as amended (1.01.2004) by Houses of the Oireachtas Commission Act 2003 (38/1959), s. 20(2)(a), commenced as per s. 1(2) and 3(1)(a); section substituted (4.07.2006) as per F-Note above.