Garda Síochána Act 2005

32

Exercise of functions in Garda Commissioner’s absence.

32.— (1) The Minister may authorise a Deputy Garda Commissioner to perform the functions of the Garda Commissioner—

( a) during any absence, incapacity or suspension from duty of the Garda Commissioner, or

( b) during any vacancy in the office of Garda Commissioner.

F45 [ (2) During any absence of the Garda Commissioner or other circumstance referred to in paragraph (a) or (b) of subsection (1) , the Minister may authorise an Assistant Garda Commissioner to perform the functions of the Garda Commissioner

(a) where the offices at the rank of Deputy Garda Commissioner are vacant, or

(b) during any absence, incapacity or suspension from duty of all officers at the rank of Deputy Garda Commissioner. ]

F46 [ (3) The Minister shall notify the Authority of an authorisation given by him or her under subsection (1) or (2) .

(4) Where a Deputy Garda Commissioner or an Assistant Garda Commissioner is authorised under this section to perform the functions of the Garda Commissioner, the provisions of section 11 relating to the removal from office of the Garda Commissioner (and not those relating to a Deputy Garda Commissioner or an Assistant Garda Commissioner, as the case may be) shall apply to such a Deputy Garda Commissioner or Assistant Garda Commissioner if the reasons for his or her removal from office relate to the performance of those functions during the period of his or her authorisation under this section. ]

Annotations:

Amendments:

F45

Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 26(a), S.I. No. 612 of 2015.

F46

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 26(b), S.I. No. 612 of 2015.