Civil Service Regulation Act 1956
Interpretation.
1.—(1) In this Act
“the Act of 1859” means the Superannuation Act, 1859;
“the Act of 1919” means the Superannuation (Prison Officers) Act, 1919;
“appropriate authority” has the meaning assigned to it by section 2;
F1[…]
F2[“civil servant” means a person holding a position in the Civil Service and includes a member of the staff of the Houses of the Oireachtas;]
“the Civil Service” means the Civil Service of the Government and the Civil Service of the State;
“established civil servant” means a civil servant who is rendering established service;
“established position” means a position in which established service is rendered;
“established service” means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts, 1834 to 1954;
F3["Head" in relation to a Scheduled Office, means the person appointed as the principal officer of the Scheduled Office, or where no such person has been appointed, the person designated by order of the Government to be Head of the Scheduled Office for the purposes of this Act;]
F1[…]
“the Minister” means the Minister for Finance;
F3["Minister of the Government" includes—
(a) in relation to a Scheduled Office within the meaning of the Public Service Management Act 1997 which is specified in column (1) of Part 1 of the Schedule to that Act, the person who holds the office specified in column (2) of that Schedule at that reference number, whether or not such person has consented to the application of that Act to such Scheduled Office, and
(b) in relation to a Scheduled Office which is specified in column (1) of Schedule 2 to this Act, the person specified in column (2) of that Schedule at that reference number.]
F1[…]
F2[“member of the joint staff of the Houses of the Oireachtas” does not include an officer of the Houses of the Oireachtas;
“member of the staff of the Houses of the Oireachtas” includes an officer of the Houses of the Oireachtas;]
F3["Ministerial Private Office appointment" has the same meaning as the meaning assigned to "special adviser" in section 19 of the Ethics in Public Office Act 1995;]
F1[…]
F2[“officer of the Houses of the Oireachtas” means a person being—
(a) the Clerk or Clerk-Assistant of Dáil Éireann or Seanad Éireann, or
(b) the Superintendent, Houses of the Oireachtas, or
(c) the Captain of the Guard, Houses of the Oireachtas;]
“officer to whom the Act of 1919 applies” means a civil servant to whom subsection (1) of section 1 of the Act of 1919 applies;
F3["Scheduled Office" means an office or branch of the public service specified in—
(a) column (1) of Part I of the Schedule to the Public Service Management Act 1997 (whether or not that Act applies to the Scheduled Office concerned),
(b) Part II of the Schedule to the Public Service Management Act 1997, and
(c) column (1) of Schedule 2 to this Act;
"Secretary General" has the meaning assigned to it by the Public Service Management Act 1997;]
“suspend” means, in relation to a civil servant, suspend from duty, and cognate words shall be construed accordingly;
“suspending authority” has the meaning assigned to it by section 3;
“transferred officer” has the meaning assigned to it by section 1 of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929).
(2) A person, who is serving, on leave of absence without pay from the Civil Service, in a position not in the Civil Service, shall, notwithstanding his absence from the Civil Service, be, for the purposes of this Act, a civil servant and, if his position in the Civil Service was, immediately before his leave of absence commenced, an established position, he shall be, for the purposes of this Act, an established civil servant, notwithstanding that his service during leave of absence is not reckonable as service for the purposes of the Superannuation Acts, 1834 to 1954.
(3) References in this Act to any enactment shall be construed as references to that enactment as amended or adapted by any subsequent enactment.
(4) In this Act a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to another Act is intended.
Annotations
Amendments:
F1
Deleted (9.12.1959) by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 17(1), commenced on enactment.
F2
Inserted (9.12.1959) by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 17(2), commenced on enactment.
F3
Inserted (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 4(a)-(d), S.I. No. 363 of 2006.
Modifications (not altering text):
C29
Prospective affecting provision: application of definition of “civil servant” in subs. (1) extended by Planning and Development Act 2024 (34/2024), s. 558(3), not commenced as of date of revision.
Staff of Office
558. ...
(3) A member of the staff of the Office of the Planning Regulator shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956) in the Civil Service of the State.
C30
Prospective affecting provision: application of definition of “civil servant” in subs. (1) extended by Automatic Enrolment Retirement Savings System Act 2024 (20/2024), s. 30(4), not commenced as of date of revision.
Staff of Authority
...
(4) A member of the staff of the Authority shall be a civil servant in the Civil Service of the State.
...
C31
Prospective affecting provision: application of definition of “civil servant” in subs. (1) extended by Policing, Security and Community Safety Act 2024 (1/2024), ss. 131(3), 176(3), not commenced as of date of revision.
Staff of Authority
...
(3) A member of the staff of the Authority shall be a civil servant in the Civil Service of the State.
...
Officers of Police Ombudsman
...
(3) An officer of the Police Ombudsman shall be a civil servant in the Civil Service of the State.
...
C32
Prospective affecting provision: application of definition of “civil servant” in subs. (1) extended by National Disability Authority Act 1999 (14/1999), s. 27(1A), as inserted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 100(1)(b)(i), not commenced as of date of revision.
Staff of Authority.
27.—(1) Subject to any transfer of officers or servants from the Board to the Authority by virtue of Part III of this Act, the Authority may, subject to the approval of the Minister with the consent of the Minister for Finance, appoint such and so many persons to be staff of the Authority as it may from time to time think necessary to assist the Authority in the performance of its functions.
[(1A) A member of staff appointed to the Authority on or after the date of commencement of section 100(1)(b)(i) of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 shall be a civil servant in the Civil Service of the State.]
...
C33
Application of definition of “civil servant” in subs. (1) extended by Judicial Appointments Commission Act 2023 (33/2023), s. 36(1A), as inserted (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 23(a), commenced on enactment.
Director of Judicial Appointments Commission Office
36. ...
(1A) The Director shall be a civil servant in the Civil Service of the State.
C34
Application of definition of “civil servant” in subs. (1) extended (27.03.2024) by Judicial Appointments Commission Act 2023 (33/2023), s. 35(4), S. I. No. 114 of 2024.
Judicial Appointments Commission Office
35. (1) There shall be attached to the Commission an office to be known as the Judicial Appointments Commission Office (in this Act referred to as the “Office”) which shall assist the Commission in the performance of its functions.
...
(4) A member of staff of the Office shall be a civil servant in the Civil Service of the State.
C35
Application of definition of “civil servant” in subs. (1) extended by Coroners Act 1962 (9/1962), s. 6A(6B), as substituted (16.02.2024) by Coroners (Amendment) Act 2024 (4/2024), s. 2(c), commenced on enactment.
[Coroner’s district of Dublin.
6A. ...
[(6B) A person appointed under subsection (6A) to be a coroner for the coroner’s district of Dublin shall be a civil servant in the Civil Service of the State.]
...]
C36
Application of definition of “civil servant” in subs. (1) extended (31.12.2023) by Domestic, Sexual and Gender-Based Violence Agency Act 2023 (31/2023), ss. 16(2), 21(4) and 22(3), S. I. No. 667 of 2023.
Chief executive
16. (1) The Minister shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005 to be the chief executive of the Agency (in this Act referred to as the “chief executive”).
(2) The chief executive shall be a civil servant of the Government.
...
Staff of Agency
21. (1) The Minister may appoint such and so many of his or her officers as he or she may determine to be members of staff of the Agency.
...
(4) A member of staff of the Agency shall be a civil servant of the Government.
...
Transfer of certain employees of Child and Family Agency
22. (1) Such persons as the Minister for Children, Equality, Disability, Integration and Youth may (having consulted with the Minister) designate in writing for the purposes of this section and who are employees of the Child and Family Agency, shall, on such day or days as the Minister for Children, Equality, Disability, Integration and Youth may (having consulted with the Minister) specify, be transferred to and become members of staff of the Agency.
...
(3) Subject to subsection (4), a person who is transferred under subsection (1) and who is designated in writing by the Minister for the purposes of this section shall, on being so transferred, become a civil servant of the Government.
...
C37
Application of definition of “civil servant” in subs. (1) extended (13.12.2023) by Agricultural and Food Supply Chain Act 2023 (19/2023), ss. 33(3) and 37(2), S. I. No. 623 of 2023.
Appointment
33. (1) The regulator shall, with the approval of the Minister, appoint a chief executive officer of the regulator (the “chief executive”) who shall be responsible to the regulator for the performance of the chief executive’s functions and the implementation of the regulator’s policies.
...
(3) The chief executive shall upon appointment be a civil servant (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in the Civil Service of the State (subject to subsections (1) and (2)).
...
Appointment of staff
37. (1) The regulator may appoint staff.
(2) A member of staff shall upon appointment be a civil servant (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in the Civil Service of the State.
...
C38
Application of definition of “civil servant” in subs. (1) extended (17.07.2023) by Maritime Area Planning Act 2021 (50/2021), s. 64(3), S. I. No. 369 of 2023.
Staff of MARA, etc.
64. (1) The MARA may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the MARA as it may determine.
...
(3) A member of staff of the MARA appointed under subsection (1) shall be a civil servant (within the meaning of the Civil Service Regulation Acts 1956 to 2005) in the Civil Service of the State.
C39
Application of definition of “civil servant” in subs. (1) extended (1.03.2023) by Tailte Éireann Act 2022 (50/2022), ss. 19(2) and 35(1), S. I. No. 58 of 2023.
Staff of Tailte Éireann
19. ...
(2) A member of the staff of Tailte Éireann shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956) in the Civil Service of the State.
...
Transfer of staff to Tailte Éireann
35. (1) The following persons shall, on the establishment day, become and be a member of the staff of Tailte Éireann and shall hold or continue to hold, as the case may be, a position in the Civil Service of the State:
(a) the chief executive, immediately before the establishment day, of a dissolved body;
(b) the person holding office as the Commissioner of Valuation immediately before the establishment day;
(c) the person appointed to be the Boundary Surveyor immediately before the establishment day;
(d) every person who, immediately before the establishment day, was—
(i) a member of the staff of a dissolved body, or
(ii) an officer of the Commissioner, other than an empowered person.
...
C40
Application of definition of “civil servant” in subs. (1) extended (9.02.2023) by Electoral Reform Act 2022 (30/2022), s. 17(3), S. I. No. 32 of 2023.
Staffing
...
(3) Members of staff of the Commission are civil servants within the meaning of the Civil Service Regulation Act 1956.
...
C41
Application of definition of “civil servant” in subs. (1) extended by Companies Act 2014 (38/2014), s. 944K(6), as inserted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 10, S.I. No. 335 of 2022.
[Staff of Authority, etc.
944K. (1) Subject to subsection (3) and section 944F, the Authority may appoint such number of persons to be members of its staff as it may determine.
...
(6) Members of the staff of the Authority are civil servants.
...]
C42
Application of definition of “civil servant” in subs. (1) extended (16.12.2019) by Judicial Council Act 2019 (33/2019), s. 35(2), S.I. No. 640 of 2019.
Staff of Council
35. (1) The Board shall, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Council as it may determine.
(2) A member of staff of the Council shall be a civil servant in the Civil Service of the State.
...
C43
Application of definition of “civil servant” in subs. (1) extendedby Planning and Development Act 2000 (30/2000), s. 31AC, as inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019.
[Members of staff of Office to be civil servants
31AC.—A member of the staff of the Office of the Planning Regulator shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956) in the Civil Service of the State.]
C44
Application of definition of “civil servant” in subs. (1) extended (25.05.2018) by Data Protection Act 2018 (7/2018), s. 21(3), S.I. No. 174 of 2018.
Staff of Commission
21. (1) The Commission may, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, appoint such number of persons to be members of its staff as it may determine.
...
(3) Members of staff of the Commission shall be civil servants.
C45
Application of definition of “civil servant” in subs. (1) extended (31.12.2016) by International Protection Act 2015 (66/2015), s. 61(5), S.I. No. 663 of 2016.
International Protection Appeals Tribunal
61. (1) On the establishment day, there shall stand established a Tribunal to be known as An Binse um Achomhairc i dtaobh Cosaint Idirnáisiúnta or, in the English language, the International Protection Appeals Tribunal, which shall determine appeals and perform such other functions as may be conferred on it by or under this Act and the Dublin System Regulations.
...
(5) Members of the staff of the Tribunal shall be civil servants within the meaning of the Civil Service Regulation Acts 1956 to 2005.
...
C46
Application of definition of “civil servant” in subs. (1) extended (21.03.2016) by Finance (Tax Appeals) Act 2015 (59/2015), s. 20(2), S.I. No. 110 of 2016.
Staff of Commission
20. (1) There shall be employed in the office of the Commission so many officers and servants as the Minister shall from time to time determine after consultation with the Minister for Public Expenditure and Reform.
(2) Members of the staff of the Commission shall be civil servants within the meaning of the Civil Service Regulation Act 1956.
C47
Application of definition of “civil servant” in subs. (1) extended by Garda Síochána Act 2005 (20/2005), s. 62Q(3), as inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.
[Staff of Authority
62Q. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Authority as it may determine.
...
(3) Members of staff of the Authority are civil servants in the Civil Service of the State.
...]
C48
Application of definition of “civil servant” in subs. (1) restricted (1.09.2015) by Regulation of Lobbying Act 2015 (5/2015), s. 23(4)(f), S.I. No. 152 of 2015.
Appeals
23. ...
(3) The Minister shall appoint a panel of suitable persons to consider appeals under subsection (1) (in this section referred to as “appeal officers”).(
4) Appeal officers— ...
(f) are not civil servants of the Government or civil servants of the State.
...
C49
Application of definition of “civil servant” in subs. (1) restricted by National Treasury Management Agency Act 1990 (18/1990), s. 6(8), as substituted (22.12.2014) by National Treasury Management Agency (Amendment) Act 2014 (23/2014), s. 11(g), S.I. No. 586 of 2014.
Chief Executive.
6.—(1) There shall be a chief executive officer of the Agency who shall be known, and is referred to in this Act, as the Chief Executive.
...
(8) [The Chief Executive shall not] be a civil servant within the meaning of the Civil Service Regulation Act, 1956.
C50
Application of definition of “civil servant” in subs. (1) extended (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 24(3), S.I. No. 449 of 2014.
Staff of Commission
24. (1) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may determine.
...
(3) A member of staff of the Commission shall be a civil servant in the Civil Service of the State.
...
C51
Application of definition of “civil servant” in subs. (1) extended (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 43(5)(a) and sch. 2 para. 7(2), commenced on enactment.
SCHEDULE 2
The Information Commissioner
….
7. (1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may determine from time to time.
(2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act 1956).
...
C52
Application of definition of “civil servant” in subs. (1) extended (1.06.2014) by Civil Legal Aid Act 1995 (Section 11) Order 2014 (S.I. No. 237 of 2014), art. 2, in effect as per art. 1(2).
2. Solicitors of the Board are designated as civil servants in the Civil Service of the State.
C53
Application of definition of “civil servant” in subs. (1) extended by Houses of the Oireachtas Commission Act 2003 (28/2003), s. 12(3A), as inserted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 8, commenced as per s. 15(3).
Staff of Commission.
12.— ...
[(3A) A person who is a civil servant and is—
(a) transferred under subsection (1), or
(b) appointed under subsection (3)(a),
is a civil servant of the State.]
C54
Application of definition of “civil servant” in subs. (1) restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 37(4), S.I. No. 545 of 2009.
Appointment of first Chief Executive Officer.
37.— (1) The Minister, after consultation with the Chief Executive of the NTMA and the Chairperson of NAMA, shall appoint as the first Chief Executive Officer of NAMA a person who is, in the Minister’s opinion, suitably qualified.
...
(4) The Chief Executive Officer is not a civil servant within the meaning of the Civil Service Regulation Act 1956.
C55
Application of definition of “civil servant” in subs. (1) restricted (16.07.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 20(5), commenced on enactment.
Staff of Authority.
20.— (1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the approval of the Minister and the Minister for Finance.
...
(5) A member of the staff of the Authority shall not be a civil servant within the meaning of the Civil Service Regulation Acts 1956 to 2005.
...
C56
Application of definition of “civil servant” in subs. (1) extended (1.06.2007) by Disability Act 2005 (14/2005), s. 16(3) and sch. para. 10, S.I. No. 234 of 2007.
Appeals Officer
16.— ...
(3) The provisions of the Schedule shall have effect in relation to the appeals officer.
...
SCHEDULE
Appeals Officer
Section 16.
...
6. Positions on the staff of the appeals officer shall be positions in the Civil Service (within the meaning of the Civil Service Regulation Act 1956).
...
C57
Application of definition of “civil servant” in subs. (1) extended (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 26(6), S.I. No. 511 of 2006; references therein to "the Authority" construed (1.03.2023) as reference to Tailte Éireann by Tailte Éireann Act 2022 (50/2022), s. 29, S.I. No. 58 of 2023.
Staff of Authority.
26.— (1) Subject to subsection (3) and section 22(2), the Authority may appoint such number of persons to be members of its staff as it may determine.
...
(6) Members of the staff of the Authority are civil servants in the Civil Service of the Government.
C58
Application of definition of “civil servant” in subs. (1) extended (1.06.2006) by Criminal Law (Insanity) Act 2006 (11/2006), s. 11(3) and sch. 1, para. 10, S.I. No. 273 of 2006.
Mental Health (Criminal Law) Review Board.
11.— ...
(3) The provisions of Schedule 1 shall have effect in relation to the Review Board.
...
SCHEDULE 1
Mental Health (Criminal Law) Review Board
Section 11.
...
10. Members of the staff of the Review Board shall be civil servants within the meaning of the Civil Service Regulation Act 1956.
C59
Application of definition of “civil servant” in subs. (1) extended (31.03.2006) by Garda Síochána Act 2005 (20/2005), s. 19(3) S.I. No. 129 of 2006; repealed by Policing, Security and Community Safety Act 2024 (1/2024), s. 5 and sch. 1 ref. no. 2, not commenced as of date of revision.
Civilian staff.
19.— ...
(3) A member of civilian staff of the Garda Síochána is a civil servant of the Government.
...
C60
Application of definition of “civil servant” in subs. (1) extended (9.12.2005) by Garda Síochána Act 2005 (20/2005), s. 71(3) S.I. No. 801 of 2005; repealed by Policing, Security and Community Safety Act 2024 (1/2024), s. 5 and sch. 1 ref. no. 2, not commenced as of date of revision.
Establishment of Ombudsman Commission.
64.— (1) On the establishment day, a body corporate to be known as Coimisiún Ombudsman an Gharda Síochána or, in the English language, the Garda Síochána Ombudsman Commission stands established to perform the functions assigned to it by this Act.
...
Officers of Ombudsman Commission.
71.— (1) The Ombudsman Commission may appoint such numbers of persons as its officers as may be approved by the Minister with the consent of the Minister for Finance.
...
(3) Officers of the Ombudsman Commission are civil servants in the Civil Service of the State.
C61
Application of definition of “civil servant” in subs. (1) extended (5.12.2005) by Civil Registration Act 2004 (3/2004), ss. 7(3), 9(3), 10, S.I. No. 764 of 2005.
Ard-Chláraitheoir.
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.
...
(3) An tArd-Chláraitheoir shall be a civil servant.
...
Ard-Chláraitheoir Cúnta.
9.—(1) There shall stand established the office of an tArd-Chláraitheoir Cúnta an tSeirbhís um Chlárú Sibhialta and the person holding the office is referred to in this Act as an tArd-Chláraitheoir Cúnta.
...
(3) An tArd-Chláraitheoir Cúnta shall be a civil servant.
...
Staff of Ard-Chláraitheoir.
10.—(1) The Minister, after consultation with an tArd-Chláraitheoir and with the consent of the Minister for Finance, may appoint, upon and subject to such terms and conditions as the Minister may determine, after the consultation and with the consent aforesaid, at the time of the appointment, such and so many officers of the Minister to be members of the staff of an tArd-Chláraitheoir as he or she considers necessary, and persons so appointed shall continue to be civil servants.
(2) Persons who were members of the staff of an tArd-Chláraitheoir who is referred to in section 52 of the Act of 1844 or section 4 of the Act of 1863 immediately before the commencement of this section shall, upon such commencement, become and be members of the staff of an tArd-Chláraitheoir upon terms and conditions equivalent to those that applied to their employment immediately before such commencement and shall continue to be civil servants.
C62
Application of definition of “civil servant” in subs. (1) partly restricted and partly extended (31.08.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), ss. 2(9), 14(2), S.I. No. 568 of 2005.
Appointment of Ombudsman.
2.—(1) There is established the office of Ombudsman for the Defence Forces and the holder of the office shall be known as the Ombudsman for the Defence Forces.
...
(9) A person who holds the office of Ombudsman shall not be a member of the Defence Forces or a civil servant.
…
Staff
14.—(1) The Minister may, with the consent of the Minister for Finance, appoint such and so many persons to be members of the staff of the Ombudsman as he or she may from time to time determine.
(2) A member of the staff of the Ombudsman shall be a civil servant in the Civil Service of the State.
(3) The appropriate authority, within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996 in relation to the staff of the Ombudsman shall be the Ombudsman.
...
C63
Application of definition of “civil servant” in subs. (1) extended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), ss. 32(3), 42(3), commenced on enactment.
Office of the Commission.
27.—The Commission shall be assisted in carrying out its functions by an office, to be known as the Office of the Commission for Public Service Appointments and in this Act referred to as the “Office of the Commission”.
…
Staff of Office of Commission.
32.—(1) The Minister shall appoint such and so many persons to be members of the staff of the Office of the Commission as the Minister from time to time thinks proper.
...
(3) The members of the staff of the Office of the Commission, including the Director, are civil servants of the State.
…
Staff of Public Appointments Service.
42.—(1) The Minister shall appoint such and so many persons to be members of the staff of the Public Appointments Service as the Minister from time to time thinks proper.
...
(3) The members of the staff of the Public Appointments Service, including the Chief Executive of the Service, are civil servants of the State.
C64
Application of definition of “civil servant” in subs. (1) extended (25.04.2004) by Ombudsman For Children Act 2002 (22/2002) s. 21(2), S.I. No. 925 of 2004.
Staff.
21.— …
(2) A member of the staff of the Ombudsman for Children shall be a civil servant in the Civil Service of the State.
…
C65
Application of definition of “civil servant” in subs. (1) extended (19.01.2004) by Official Languages Act 2003 (32/2003), s. 20(4) and sch. 2 para. 7(2), S.I. No. 32 of 2004.
Establishment of Oifig Choimisinéir na dTeangacha Oifigiúla.
20.—(1) There is established an office to be known as Oifig Choimisinéir na dTeangacha Oifigiúla and the holder of the office shall be known as An Coimisinéir Teanga and is referred to in this Act as the Commissioner.
…
(4) The provisions of the Second Schedule shall have effect in relation to the Commissioner.
…
SECOND SCHEDULE
An Coimisinéir Teanga
Section 20.
...
7. (1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may, with the consent of the Minister for Finance, determine from time to time.
(2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act 1956).
C66
Application of definition of “civil servant” in subs. (1) extended (1.07.2003) by Fisheries (Amendment) Act 2003 (21/2003), s. 6(7) and sch. 1 para. 8(b), commenced on enactment.
Appeals Officer
6.— ...
(7) The provisions of Schedule 1 shall have effect in relation to an Appeals Officer.
…
SCHEDULE 1
Appeals Officer
…
Secretarial assistance
8. (a) The Minister may appoint such and so many persons as he or she considers necessary to assist an Appeals Officer in the performance of his or her functions and such persons shall receive such remuneration and be subject to such other terms and conditions of service as the Minister may, with the consent of the Minister for Finance, determine.
(b) Any person appointed under paragraph (a) shall be a civil servant within the meaning of the Civil Service Regulation Act 1956.
C67
Application of definition of “civil servant” in subs. (1) extended (9.11.1999) by Courts Service Act 1998 (8/1998), s. 23(3), S.I. No. 336 of 1999.
Staff of Service.
23.—(1) The Board may appoint such number of persons to be members of the staff of the Service as may be approved by the Minister with the consent of the Minister for Finance.
...
(3) A member of the staff of the Service shall be a civil servant in the Civil Service of the State.
...
C68
Application of definition of “civil servant” in subs. (1) extended by Patents Act 1992 (1/1992), s. 97(3), as substituted (17.08.1998) by Intellectual Property (Miscellaneous Provisions) Act 1998 (28/1998), s. 5(b), S.I. No. 285 of 1998.
Appointment of Controller.
97.—[(1) (a) The Government shall appoint as occasion arises a person to the office of Controller for a term of 5 years on such terms and conditions as shall be specified by the Government when making the appointment.
...
(3) Subject to the Controller being in good health at the time of appointment and notwithstanding that the Controller is appointed without a certificate from the Civil Service Commissioners, the Controller shall, during his term of office, be deemed to be employed in the Civil Service of the State.]
...
C69
Application of definition of “civil servant” in subs. (1) restricted (1.01.1996) by Irish Medicines Board Act 1995 (29/1995), s. 10(6), S.I. No. 345 of 1995.
Chief Executive.
10.—(1) There shall be a chief executive officer of the Board who shall be known, and is referred to in this Act, as the Chief Executive.
...
(6) The Chief Executive shall not be a civil servant within the meaning of the Civil Service Regulation Act, 1956.
...
C70
Application of definition of “civil servant” in subs. (1) extended (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), ss. 10(1), 11(3), commenced on enactment.
Chief Executive of Board.
10.—(1) There shall be a chief executive officer of the Board (in this Act referred to as “the Chief Executive”) who shall be appointed as such by the Minister on the recommendation of the Civil Service Commissioners and who shall, upon such appointment, be a civil servant in the Civil Service of the State.
...
Staff of Board.
11.—(1) Subject to section 10, the Board may appoint such number of persons to the staff of the Board as may be approved of by the Minister with the consent of the Minister for Finance.
…
(3) An officer of the Board shall, upon his or her appointment as such, be a civil servant in the Civil Service of the State.
…
C71
Section applied with modifications (1.11.1994) by Statistics Act 1993 (21/1993), s. 9(2), S.I. No. 323 of 1994.
Staff of the Central Statistics Office.
9.—(1) …
(2) The members of the staff of the Office shall be civil servants of the State.
…
C72
Application of definition of “civil servant” in subs. (1) restricted (17.07.1990) by National Treasury Management Agency Act 1990 (18/1990), s. 7(4), commenced on enactment.
Staff of Agency.
7.—(1) The Agency may appoint such, and such number of, persons to be members of the staff of the Agency as it may determine.
...
(4) A member of the staff of the Agency shall not be a civil servant within the meaning of the Civil Service Regulation Act, 1956, but, notwithstanding the foregoing, officers of the Minister may be seconded to the Agency for a period not exceeding 3 months from the establishment day.
C73
Application of definition of “civil servant” in subs. (1) extended (7.07.1983) by Ombudsman Act 1980 (26/1980), s. 10(2), S.I. No. 424 of 1983.
Staff of the Ombudsman.
10.— ...
(2) Officers and servants of the Ombudsman shall be civil servants in the Civil Service of the State.
C74
Application of definition of “civil servant” in subs. (1) extended (18.09.1974) by Prosecution of Offences Act 1974 (22/1974), s. 2(4), S.I. No. 272 of 1974.
Director of Public Prosecutions.
2.—(1) There is hereby established the office of Director of Public Prosecutions and the holder of the office shall be known as the Director of Public Prosecutions and is referred to subsequently in this Act as the Director.
...
(4) The Director shall be a civil servant in the Civil Service of the State.
...
C75
Application of definition of “civil servant” in subs. (1) extended (9.12.1959) by Staff of the Houses of the Oireachtas Act 1959 (38/1959), s. 3, commenced on enactment.
Members of staff of the Houses of the Oireachtas to be civil servants of the State.
3.—Members of the staff of the Houses of the Oireachtas are civil servants of the State.
Editorial Notes:
E19
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (1.06.2015) by Companies Act 2014 (38/2014), s. 946(4), S.I. No. 169 of 2015; repealed (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 3. S.I. No. 335 of 2022.
E20
Previous affecting provision: application of definition of “civil servant” in subs. (1) restricted by Legal Services Ombudsman Act 2009 (8/2009), s. 11(8), not commenced; repealed (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 5 and sch. 2, S.I. No. 502 of 2019.
E21
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 22(3), S.I. No. 511 of 2006; repealed (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 5 and sch. 2, S.I. No. 58 of 2023.
E22
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (24.04.2002, 7.05.2003) by Civil Defence Act 2002 (16/2002), ss. 14(2), (3), 36(2), S.I. No. 186 of 2003; repealed (31.12.2012) by Civil Defence Act 2012 (51/2012), s. 17, S.I. No. 570 of 2012.
E23
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended by Pensions Act 1990 (25/1990), s. 146(2) as inserted (28.04.2003) by Pensions (Amendment) Act 2002 (18/2002), s. 5, S.I. No. 119 of 2003; repealed (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 5(1) and sch. 1 part 1 ref. 2, S.I. No. 524 of 2017.
E24
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (28.11.2001) by Company Law Enforcement Act 2001 (28/2001), s. 8(2), S.I. No. 523 of 2001; repealed (1.06.2015) by Companies Act 2014 (38/2014), s. 4(1) and sch. 2. part 1, S.I. No. 169 of 2015.
E25
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (4.10.2000) by Refugee Act 1996 (17/1996), s. 15(3) and sch. 2 para. 10, as substituted (11.01.2000) by Immigration Act 1999 (22/1999), s. 11(j), (t), S.I. No. 9 of 2000; repealed (31.12.2016) by International Protection Act 2015 (66/2015), s. 6(1), S.I. No. 663 of 2016.
E26
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (20.01.2000) by Refugee Act 1996 (17/1996), s. 6(3) and sch. 1 para. 6, the latter as substituted (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(1)(s), S.I. Nos. 8, 9 of 2000; repealed (31.12.2014) by International Protection Act 2015 (66/2015), s. 6(1), S.I. No. 663 of 2016.
E27
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (21.04.1998) by Freedom of Information Act 1997 (13/1997), s. 33(4) and sch. 2 para. 7(2), commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).
E28
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (10.03.1997) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), ss. 2 and sch. 1 para. 1, S.I. No. 109 of 1997; repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.
E29
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (1.08.1992) by Patents Act 1992 (1/1992), s. 97(3), S.I. No. 181 of 1992; substituted (17.08.1998) as per C-Note above.
E30
Previous affecting provision: application of definition of “civil servant” in subs. (1) restricted (17.07.1990) by National Treasury Management Agency Act 1990 (18/1990), s. 6(8), commenced on enactment; substituted (22.12.2014) by National Treasury Management Agency (Amendment) Act 2014 (23/2014), s. 11(g), S.I. No. 586 of 2014.
E31
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (9.01.1989) by Data Protection Act 1988 (25/1988), s. 9(2) and sch. 2 para. 8(2), S.I. No. 349 of 1988; repealed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 7(1)(e), S.I. No. 174 of 2018.
E32
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (15.07.1986) by Garda Síochána (Complaints) Act 1986 (29/1986), s. 3 and sch. para. 4(3)(a), commenced on enactment; repealed (30.06.2015) by Garda Síochána Act 2005 (20/2005). s. 4 and sch. 1, subject to transitional provisions in ss. 111, 128, S.I. No. 271 of 2015.
E33
Previous affecting provision: application of definition of “civil servant” in subs. (1) extended (1.07.1966) by Patents Act 1964 (12/1964), s. 78(4), S.I. No. 91 of 1966; repealed (1.08.1992) by Patents Act 1992 (1/1992), s. 5, S.I. No. 181 of 1992.