Civil Registration Act 2004

PART 2

Administration

Ard-Chláraitheoir.

7

7.—(1) The office of an tArd-Chláraitheoir provided for by section 4 of the Act of 1863 shall continue in existence after the commencement of this section notwithstanding the repeals effected by this Act, but the office shall be known as an tArd-Chláraitheoir an tSeirbhís um Chlárú Sibhialta and the person holding the office shall be known as an tArd-Chláraitheoir and is referred to in this Act as an tArd-Chláraitheoir.

(2) An tArd-Chláraitheoir shall be a person appointed to that office by the Minister from among his or her officers.

(3) An tArd-Chláraitheoir shall be a civil servant.

(4) A person appointed to be an tArd-Chláraitheoir shall hold office for a period of F29 [ 3 ] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this subsection) for such further period not exceeding F29 [ 3 ] years as he or she considers appropriate.

(5) A person appointed to be an tArd-Chláraitheoir shall, subject to subsection (4), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

F30 [ (5A) A person appointed to be an tArd-Chl á raitheoir may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter. ]

(6) ( a) The Minister may remove an tArd-Chláraitheoir from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir is incapable by reason of ill-health of performing his or her functions, or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

  ( b) If an tArd-Chláraitheoir is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

(7) The person who immediately before the commencement of this section held the offices of an tArd-Chláraitheoir shall upon such commencement, be deemed to have been appointed under this section to be an tArd-Chláraitheoir upon terms and conditions equivalent to those upon which he or she held those offices and subsections (4) and (5) do not apply to that person.

(8) The functions of the office of an tArd-Chláraitheoir (being the office provided for by section 52 of the Act of 1844) are transferred to and shall be performed by an tArd-Chláraitheoir.

(9) References in any statute or any instrument made under any statute passed or made before the commencement of this section, or in any other document in existence immediately before such commencement, to the office of an tArd-Chláraitheoir provided for by section 52 of the Act of 1844 shall, upon such commencement, be construed as references to an tArd-Chláraitheoir.

Annotations:

Amendments:

F29

Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 29(a), S.I. No. 655 of 2018.

F30

Inserted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 29(b), S.I. No. 655 of 2018.