Official Languages Act 2003
An Coimisinéir Teanga
1. Subject to the provisions of this Schedule, a person appointed to be the Commissioner shall hold the office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.
2. A person appointed to be the Commissioner—
(a) may at his or her request be relieved of office by the President,
(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his or her removal, and
F61[(c) shall in any case vacate the office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]
3. (1) Where a person who holds the office of Commissioner is—
(a) nominated as a member of Seanad Éireann,
(b) elected as a member of either House of the Oireachtas or a local authority or to the European Parliament, or
(c) regarded, pursuant to section 15 (inserted by the European Parliament Elections Act 1993) of the European Assembly Elections Act 1977 as having been elected to the European Parliament to fill a vacancy,
he or she shall thereupon cease to be the Commissioner.
(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for being appointed to be the Commissioner.
4. A person who holds the office of Commissioner shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force.
5. The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.
6. (1) The Minister may make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or allowances on retirement or death to, or in respect of, persons who have held the office of Commissioner.
(2) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this paragraph.
(3) A scheme under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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).
(3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996 as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then so long as the delegation remains in force—
(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and
(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.
8. (1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.
(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner in the following year on a date not later than a date specified by the Minister to the Comptroller and Auditor General for audit and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Commissioner to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.
9. The Commissioner may delegate to a member of the staff of the Commissioner any of the functions of the Commissioner (other than those under this paragraph or section 26 ) and references in this Act to the Commissioner shall be construed, where appropriate having regard to any delegation under this paragraph, as including references to any person to whom functions stand delegated by the delegation.
Substituted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.
Provision for conduct of an inquiry in relation to para. 2(b) made (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 9, S.I. No. 362 of 2013.
Power pursuant to s. 20 and schedule exercised (23.02.2004) by An Choimisinéara Teanga Superannuation Scheme 2009 (S.I. No. 580 of 2009), art. 2.
Power pursuant to s. 20 and schedule exercised (23.02.2004) by An Choimisinéara Teanga Contributory Pension Scheme for Spouses and Children 2009 (S.I. No. 579 of 2009), art. 2.
Pension scheme established under para. 6 excluded from application of Pensions Act 1990 (25/1990), Part III as provided (2.06.2002) by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 and sch. part I, in effect as per reg. 1(2), as amended.
Funding standard for any defined benefit pension scheme established under para. 6 provided (31.12.1993) by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), reg. 6 and sch. C, in effect as per reg. 1(2), as amended.
Previous affecting provision: para. 2(c) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3(2) and sch. 2 part 2, commenced on enactment; substituted as per F-note above.