4.—(1) A person who is appointed as a new entrant to the Garda Síochána on or after 1 April 2004 shall cease to be a member—

(a) on attaining the age of 55 years, or

(b) at a later age up to the age of 60 years subject to the Commissioner of the Garda Síochána being satisfied that the member is fully competent and available to undertake, and fully capable of undertaking, the duties of his or her position as a member of the Garda Síochána.

(2) For the purposes of subsection (1)(b) the Commissioner of the Garda Síochána shall require, at such intervals as the Commissioner considers appropriate, certification as to the health and fitness of the member concerned by a medical practitioner nominated by the Commissioner.

(3) For the purposes of subsections (1) and (2), where the member concerned is the Commissioner of the Garda Síochána, then references to the Commissioner of the Garda Síochána or to the Commissioner in those subsections shall be read as references to the Minister for Justice, Equality and Law Reform.

F5[(4) Nothing in this section shall prevent the appointment, in accordance with the Garda Síochána Act 2005, of a person who has attained the age of 55 years but is under the age of 60 years as a new entrant to the Garda Síochána to the rank of Commissioner of the Garda Síochána or of Deputy Garda Commissioner.

(5) Where an appointment of a person mentioned in subsection (4) is made, then—

(a) subsections (1)(b), (2) and (3) shall apply to the person if the appointment is to the rank of Commissioner of the Garda Síochána, and

(b) subsections (1)(b) and (2) shall apply to the person if the appointment is to the rank of Deputy Garda Commissioner.]