CIVIL SERVICE COMMISSIONERS ACT, 1956PART I PRELIMINARY AND GENERAL1 Short title and commencement. 2 Interpretation. 3 "The appropriate authority". 4 Scheduled occupations. 5 Excluded positions. 6 Operation of the Act. 7 Administrative expenses. 8 Repeals. PART II CIVIL SERVICE COMMISSIONERS 9 Appointment and number of Civil Service Commissioners. 10 Other provisions related to the Commissioners. 11 Staff of the Commissioners. 12 Authentication of instruments by the Commissioners. PART III APPOINTMENTS TO CERTAIN POSITIONS IN THE CIVIL SERVICE CHAPTER I Competitive Appointments 13 Appointment of persons to established positions, with certain exceptions. 14 Appointment of persons to unestablished positions, with certain exceptions. 15 Competitors. 16 Regulations in respect of competitions. 17 Selection of candidates for appointment after a competition. CHAPTER II Non-competitive Appointments 18 Determination of questions as to whether proposed appointments on promotion or transfer are in the customary course. 19 Qualifications for an appointment to which section 20, 21, 22, 23 and 24 applies. 20 Appointment from established position to another position on promotion or transfer not in the customary course. 21 Appointment to establish position under section 11 of the Regulation Act. 22 Appointment excluded, by section 13 (4) from section 13 (1) (established position). 23 Appointment from unestablished position to another unestablished position on promotion or transfer not in the customary course. 24 Appointment to unestablished position under section 11 of the Regulation Act. 25 Expenses incurred by proposed appointees in connection with requirements of Commissioners under section 19. CHAPTER III Certificates of Qualification 26 Certificates of qualification in respect of certain appointments to establish appointments. 27 National possession of certificate of qualification in case of certain appointments. PART IV MISCELLANEOUS PROVISIONS 28 Application of section 12 of the Superannuation Act, 1834, to person promoted in acting capacity where promotion not in the customary course. 29 Commissioners to hold certain other competitions, etc. 30 Rules governing conduct of candidates at competitions, etc. 31 Personation of candidate at competitions, examinations, etc. 32 Provisions in relation to orders, regulations and rules. 33 Disposal of fees. FIRST SCHEDULE SECOND SCHEDULE | |||||||||||||||||||||||||||||||
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE SELECTION OF PERSONS FOR APPOINTMENT TO CERTAIN POSITIONS IN THE CIVIL SERVICE AND FOR THIS PURPOSE TO ESTABLISH A BODY, TO BE CALLED THE CIVIL SERVICE COMMISSIONERS, TO SELECT PERSONS FOR APPOINTMENT TO THOSE POSITIONS AND TO FULFIL CERTAIN OTHER FUNCTIONS, AND TO PROVIDE FOR OTHER RELATED MATTERS. [19th December, 1956.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— |
Short title and commencement. | 1.—(1) This Act may be cited as the Civil Service Commissioners Act, 1956. (2) This Act shall come into operation on such day as may be fixed therefor by order of the Government. |
Interpretation. | 2.—(1) in this Act, the following expressions have the meanings hereby respectively assigned to them, that is to say— "the Act of 1924" means the Civil Service Regulation Act, 1924 (No. 5 of 1924); "the appropriate authority" has the meaning assigned to it by section 3; "the Civil Service" means the Civil Service of the Government and the Civil Service of the State; "the Commissioners" means the Civil Service Commissioners appointed or deemed to have been appointed under section 9; "competition" means a competition held under section 15; "established position" means a position in which there is rendered established service; "established service" means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts, 1834 to 1954; "excluded position" has the meaning assigned to it by subsection (6) of section 5; "the former Civil Service Commissioners" means the Civil Service Commissioners appointed under section 1 of the Act of 1924; "may", when used in relation to any power conferred on the Commissioners by this Act, shall be construed as permissive and not imperative; "member of the staff of the Houses of the Oireachtas" does not include an officer of the Houses of the Oireachtas; "the Minister" means the Minister for Finance; "officer of the Houses of the Oireachtas" means a person being—
"order of merit" means the order in which candidates at a competition are to be placed for the purposes of selection by the Commissioners for appointment; "position" means a position in the Civil Service, and includes the position held by a member of the staff of the Houses of the Oireachtas; "the Regulation Act" means the Civil Service Regulation Act, 1956; "scheduled occupation" has the meaning assigned to it by subsection (1) of section 4; "unestablished position" means a position which is not an established position, and includes a position which is held on a temporary basis or for a definite limited period. (2) 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. |
"The appropriate authority". | 3.—(1) In this Act, "the appropriate authority" means—
(2) Where a delegation, under the provision of the Regulation Act mentioned in column (2) of the Table to this subsection at any reference number, is made, then, so long as the delegation remains in force, the authority mentioned in column (3) of the said Table at that reference number shall, in lieu of the Minister of State mentioned in column (4) of the said Table at that reference number, be, for the purposes of section 5, the appropriate authority in relation to the position mentioned in column (5) of the said Table at that reference number. TABLE TO SECTION 3 (2)
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Scheduled occupations. | 4.—(1) Each of the occupations specified in the First Schedule to this Act shall, save where the service to be rendered by the person to be appointed is to be established service, be a scheduled occupation for the purposes of this Act, and in this Act the expression "scheduled occupation" shall be construed accordingly. (2) If any question arises as to whether a particular occupation is or is not a scheduled occupation, the question shall be decided by the Minister after consultation with the Commissioners. (3) If any question arises as to whether an appointment to a scheduled occupation is or is not or was or was not an appointment to a position in the Civil Service, the question shall be decided by the Minister. |
Excluded positions. | 5.—(1) ( a ) Subject to paragraph (b) of this subsection, the Commissioners may by order declare that a specified unestablished position (not being a position which is in a scheduled occupation) shall be an excluded position for the purposes of this Act, and the Commissioners may provide therein that the order is to remain in force for such period only as the Commissioners determine and specify in the order.
(2) Where—
then, for the purposes of this section (except subsection (5) thereof), the following provisions shall, on the commencement of this Act, have effect, that is to say—
(3) ( a ) Subject to paragraph (b) of this subsection, where a limited period order is in force, the Commissioners may, from time to time, by order extend the period for which the limited period order is to remain in force.
(4) Where an unlimited period order in relation to an unestablished position is in force, the Commissioners may, with the consent of the Minister and, if the Minister is not the appropriate authority, after consultation with the appropriate authority, by order revoke with effect as from a specified date, the unlimited period order. (5) Where an order is made under this section, notice of the making thereof shall be published in the Iris Oifigiúil as soon as may be after it is made. (6) Any position to which an order under subsection (1) or (3) of this section applies shall, so long as the order remains in force, be, for the purposes of this Act, an excluded position, and the expression "excluded position" shall, in this Act, be construed accordingly. |
Operation of the Act. | 6.—(1) This Act shall cease to apply to members of the staff of the Houses of the Oireachtas on the date on which the Regulation Act ceases, by virtue of subsection (1) of section 20 of that Act, to apply to members of the staff of the Houses of the Oireachtas. (2) This Act—
(3) Nothing in this Act shall be construed as affecting section 13 of the British statute (17 & 18 Vic. c. 99) passed in the year 1854 and entitled "An Act to provide for the Establishment of a National Gallery of Paintings, Sculpture, and the Fine Arts, for the Care of a Public Library, and the Erection of a Public Museum, in Dublin". |
Administrative expenses. | 7.—The expenses incurred in the administration of this Act shall, to, such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas. |
Repeals. | 8.—(1) The enactments mentioned in column (2) of the Second Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule. (2) Without prejudice to sections 20 of the Interpretation Act, 1937 (No. 38 of 1937)—
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