Civil Service Regulation (Amendment) Act 2005


Number 18 of 2005


CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 31 March 2017


This Revised Act is an administrative consolidation of Civil Service Regulation (Amendment) Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Health (Miscellaneous Provisions) Act 2017 (5/2017), enacted 31 March 2017, and all statutory instruments up to and including Sea-Fisheries (Quotas) Regulations 2017 (S.I. No. 136 of 2017), made 22 March 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 18 of 2005


CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 31 March 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Civil Service Regulation Acts 1956 to 2005 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 1(2)). The Acts in this group are:

Civil Service Regulation Act 1956 (46/1956)

Civil Service Regulation (Amendment) Act 1958 (34/1958)

Civil Service Regulation (Amendment) Act 1996 (13/1996)

Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 2

Unfair Dismissals Acts 1977 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Industrial Relations (Amendment) Act 2015 (27/2015), s. 1(4)). The Acts in this group are:

Unfair Dismissals Act 1977 (10/1977)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Unfair Dismissals Acts 1977 to 1993

Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 6

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the Unfair Dismissals Acts 1977 to 2005

Industrial Relations (Amendment) Act 2015 (27/2015), s. 39

Acts previously included in the group but now repealed are:

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991)

Minimum Notice and Terms of Employment Acts 1973 to 2005 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Civil Service Regulation (Amendment) Act 2005 (18/2005), a. 1(4)). The Acts in this group are:

Minimum Notice and Terms of Employment Act 1973 (4/1973)

Protection of Employees (Employers' Insolvency) Act 1984 (21/1984), s. 13

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Minimum Notice and Terms of Employment Acts 1973 and 1984

Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 7

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009)

Residential Tenancies Act 2004 (27/2004)

All Acts up to and including Health (Miscellaneous Provisions) Act 2017 (5/2017), enacted 31 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Civil Service Regulation (Amendment) Act 2005 (Sections 28, 29 and 30) (Commencement) Order 2007 (S.I. No. 229 of 2007)

Civil Service Regulation (Amendment) Act 2005 (Commencement of Certain Provisions) Order 2006 (S.I. No. 363 of 2006)

Civil Service Regulation (Amendment) Act 2005 (Section 31) (Commencement) Order 2006 (S.I. No. 355 of 2006)

Civil Service Regulation (Amendment) Act 2005 (Commencement) (Section 8) Order 2005 (S.I. No. 763 of 2005)

Civil Service Regulation (Amendment) Act 2005 (Section 8) (Commencement) Order 2005 (S.I. No. 629 of 2005)

All statutory instruments up to and including Sea-Fisheries (Quotas) Regulations 2017 (S.I. No. 136 of 2017), made 22 March 2017, were considered in the preparation of this revision.


Number 18 of 2005


CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 31 March 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Citation.

2.

Commencement.

PART 2

Amendment of Civil Service Regulation Act of 1956

3.

Interpretation ( Part 2).

4.

Amendment of section 1 (Interpretation) of Principal Act.

5.

Appointment of Head of Scheduled Office.

6.

Appropriate authority.

7.

Tenure of office of established civil servants.

8.

Appointment of civil servants beyond normal retirement age.

9.

Amendment of section 14 (Remuneration of civil servant suspended from duty) of Principal Act.

10.

Amendment of section 15 (Disciplinary measures) of Principal Act.

11.

Amendment of section 16 (Unauthorised absences from duty) of Principal Act.

12.

Appointment of officers of the Attorney General.

13.

Insertion of Schedule 2 to Principal Act.

14.

Cesser of delegation of powers under Principal Act.

15.

Transitional.

PART 3

STAFF OF THE HOUSES OF THE OIREACHTAS COMMISSION

16.

Amendment of section 20 of Staff of the Houses of the Oireachtas Act 1959.

17.

Amendment of section 12 of Houses of the Oireachtas Commision Act 2003.

18.

Amendment of section 16 of Houses of the Oireachtas Commision Act 2003.

PART 4

Amendment of Comptroller and Auditor-General Act 1923

19.

Amendment of Comptroller and Auditor-General Act 1923.

PART 5

Amendment of Ombudsman Act 1980.

20.

Amendment of Ombudsman Act 1980.

PART 6

Application of Unfair Dismissals Act to Civil Servants

21.

Interpretation ( Part 6).

22.

Extension of Unfair Dismissals Act to civil servants.

PART 7

Application of Minimum Notice and Terms of Employment Act to Civil Servants

23.

Interpretation ( Part 7).

24.

Amendment of section 1 of Act of 1973.

25.

Application of Act to civil servants.

26.

Extension of Act of 1973 to civil servants.

PART 8

Secretary General to the President

27.

Secretary General to the President.

PART 9

Additional Functions of Director of Public Prosecutions

28.

Amendment of section 6 of Ministers and Secretaries Act 1924.

29.

Additional function of Director of Public Prosecutions.

30.

Direction to local State Solicitors.

31.

Power of appointment of officers and servants of Director of Public Prosecutions.

PART 10

Amendment of Public Service Management (Recruitment and Appointments) Act 2004.

32.

Amendment of section 15 (Investigations on behalf of Commission) of Public Service Management (Recruitment and Appointments) Act 2004.

PART 11

Public Service Superannuation

33.

Public Service Superannuation.

SCHEDULE


Acts Referred to

Civil Service Regulation Act 1956

1956, No. 46

Civil Service Regulation Acts 1956 and 1958

Civil Service Regulation Acts 1956 to 1996

Comptroller and Auditor-General Act 1923

1923, No. 1

Courts Service Act 1998

1998, No. 8

Ethics in Public Office Act 1995

1995, No. 22

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Minimum Notice and Terms of Employment Act 1973

1973, No. 4

Minimum Notice and Terms of Employment Acts 1973 to 2001

Ministers and Secretaries (Amendment) (No. 2) Act 1977

1977, No. 28

Ministers and Secretaries Act 1924

1924, No. 16

Ombudsman Act 1980

1980, No. 26

Presidential Establishment Act 1938

1938, No. 24

Prosecution of Offences Act 1974

1974, No. 22

Public Service Management Act 1997

1997, No. 27

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 8

Staff of the Houses of the Oireachtas Act 1959

1959, No. 38

Superannuation (Prison Officers) Act 1919

9 & 10 Geo. 5, c. 67

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2001


Number 18 of 2005


CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 31 March 2017


AN ACT TO PROVIDE FOR THE AMENDMENT OF THE CIVIL SERVICE REGULATION ACT 1956, TO PROVIDE FOR THE APPLICATION OF THE UNFAIR DISMISSALS ACT 1977 TO CERTAIN CIVIL SERVANTS, TO PROVIDE FOR THE APPLICATION OF THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973 TO CIVIL SERVANTS, TO PROVIDE FOR THE AMENDMENT OF THE COMPTROLLER AND AUDITOR-GENERAL ACT 1923, TO PROVIDE FOR THE AMENDMENT OF THE MINISTERS AND SECRETARIES ACT 1924, TO PROVIDE FOR THE AMENDMENT OF THE PROSECUTION OF OFFENCES ACT 1974, TO PROVIDE FOR THE AMENDMENT OF THE OMBUDSMAN ACT 1980, TO PROVIDE FOR THE AMENDMENT OF THE SUPERANNUATION (PRISON OFFICERS) ACT 1919, TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE SUPERANNUATION (MISCELLANEOUS PROVISIONS) ACT 2004, TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004, TO PROVIDE FOR THE AMENDMENT OF THE STAFF OF THE HOUSES OF THE OIREACHTAS ACT 1959, TO PROVIDE FOR THE AMENDMENT OF THE HOUSES OF THE OIREACHTAS COMMISSION ACT 2003, TO PROVIDE FOR THE ALTERATION OF THE TITLE OF THE SECRETARY TO THE PRESIDENT AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[ 9th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Civil Service Regulation Acts 1956 and 1958 restricted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 82(3), commenced as per s. 5(2) and S.I. No. 262 of 2010.

Powers of Minister in operating a fishery.

82.— ...

(3) The Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or appointed by the Minister under this section.

C2

Application of collectively cited Civil Service Regulation Acts 1956 to 1996 restricted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 164(8), S.I. No. 505 of 2004.

Mediators and adjudicators.

164.— ...

(8) Neither the Civil Service Commissioners Act 1956 (or any enactment that replaces in whole or in part that Act) nor the Civil Service Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.

C3

Application of collectively cited Civil Service Regulation Acts 1956 and 1958 restricted (16.11.1984) by Motor Insurance Advisory Board (Establishment) Order 1984 (S.I. No. 299 of 1984).

4. ...

(4) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office of member of the Board.

C4

Application of collectively cited Civil Service Regulation Acts 1956 and 1958 restricted (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 4(7), commenced on enactment.

Deputy chairman of the Court.

4.— ...

(7) Neither the Civil Service Commissioners Act, 1956, nor the Civil Service Regulation Acts, 1956 and 1958, shall apply to the office of deputy chairman of the Court.

C5

Application of collectively cited Civil Service Regulation Acts 1956 and 1958 restricted (5.06.1968) by Imposition of Duties (Dumping and Subsidies) Act 1968 (11/1968), s. 4(12), commenced on enactment.

An Coimisin Dumpála.

4.— ...

(12) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office of member of the Commission.