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.

(2) The grades of the staff of the Board and the numbers of staff in each grade shall, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board.

(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.

(4) Subject to subsection (5), a solicitor of the Board shall hold his or her employment on such terms and conditions as may, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board.

(5) (a) The Minister may, with the consent of the Minister for Finance, by order designate solicitors of the Board as civil servants in the Civil Service of the State, to take effect—

(i) in the case of a solicitor of the Board appointed on or before the date of the making of such order, from the date of the making of such order, and

(ii) in the case of a solicitor of the Board appointed after the date of the making of such order, from the date of such appointment.

(b) The Minister shall not make an order under paragraph (a) without having—

(i) notified in writing any recognised trade unions or staff associations concerned and the Board of the Minister's intention so to do, and

(ii) considered, within such time as may be specified in this notice, any representations made by such trade unions, staff associations or the Board, in relation to the matter.

F10[(5A) Every solicitor of the Board and solicitor employed by the former Board who, before 1 June 2014, ceased to be employed by the Board or the former Board, as the case may be, is designated as a civil servant in the Civil Service of the State in respect of, subject to subsection (5B), superannuation benefits payable as a result of his or her membership of a scheme made under section 23 or a scheme the operation of which was transferred to the Board under this Act.

(5B) Subsection (5A) applies in respect of superannuation benefits payable, on or after the coming into operation of section 122 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, by the Minister for Public Expenditure, National Development Plan Delivery and Reform out of funds provided by the Oireachtas.]

(6) (a) The appropriate authority (within the meaning of F11[…] the Civil Service Regulation Acts, 1956 and 1958) in relation to officers of the Board and solicitors of the Board who are civil servants in the Civil Service of the State shall, for the purposes of those Acts, be the Minister.

(b) The Minister may delegate to the Board the powers exercisable by him F12[under section 8 of the Public Service Management (Recruitment and Appointments) Act 2004] and the Civil Service Regulation Acts, 1956 and 1958, as the appropriate authority in relation to officers of the Board and solicitors of the Board who are civil servants in the Civil Service of the State, and if he or she does so, then as long as the delegation remains in force—

(i) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Board, and

(ii) the Board shall, in lieu of the Minister be, for the purposes of the said section 5 and the said Acts, the appropriate authority in relation to the said officers and solicitors.

(c) The Minister may revoke a delegation made by him under paragraph (b), but such revocation shall not affect anything done by virtue of the delegation under the said paragraph or the said Acts and anything so done shall continue in force and shall, for the purposes of the said section 5 and the said Acts, have effect as if done by the Minister.

(7) The Board may engage under contracts for services such, and such number of, persons to provide such services to the Board under such terms and conditions as may, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board.

(8) A person appointed under subsection (1) or a person engaged under subsection (7) shall be paid out of the Fund, such remuneration or fees and allowances for expenses (if any) incurred by the person as may, with the approval of the Minister given with the consent of the Minister for Finance, be determined by the Board.