41 1926

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Number 41 of 1926.


CIVIL SERVICE REGULATION (AMENDMENT) ACT, 1926.


ARRANGEMENT OF SECTIONS

Section

1.

Definition.

2.

Qualifications for admission to examinations.

3.

Grant of Certificate of qualification in certain special cases.

4.

Form of notice of appointments under section 6 of Principal Act.

5.

Short title and citation.


Acts Referred to

Civil Service Regulation Act, 1924

No. 5 of 1924

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Number 41 of 1926.


CIVIL SERVICE REGULATION (AMENDMENT) ACT, 1926.


AN ACT TO MAKE BETTER PROVISION FOR ENABLING EXAMINATIONS FOR AND APPOINTMENTS TO THE CIVIL SERVICE OF THE GOVERNMENT OF SAORSTÁT EIREANN TO BE CONFINED TO LIMITED CLASSES OF PERSONS, AND IN PARTICULAR TO MEMBERS OF ONE SEX, AND FOR DISPENSING WITH COMPETITIVE EXAMINATION IN THE CASE OF CERTAIN SUCH APPOINTMENTS. [22nd September, 1926.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definition.

1. —In this Act the expression “Principal Act” means the Civil Service Regulation Act, 1924 (No. 5 of 1924).

Qualifications for admission to examinations.

2. —(1) Sub-section (2) of section 4 of the Principal Act shall be construed and have effect and shall be deemed always to have had effect as if the word “sex” were inserted therein immediately after the words “qualifications as to.”

(2) The said section 4 of the Principal Act shall be construed and have effect and shall be deemed always to have had effect as if the following sub-section were inserted therein in lieu of the sub-section (3) now contained therein, that is to say:—

“(3) The Commissioners may with the consent of the Minister by special regulation confine any such competitive examination to such of the persons mentioned in the foregoing sub-section as belong to a specified class delimited in such manner or by reference to such matter as the Commissioners shall think proper, and where an examination is so confined only such of the persons aforesaid as belong to such specified class shall be admitted thereto.”

(3) Sub-section (4) of section 4 of the Principal Act shall apply to every regulation made by the Commissioners confining an examination to members of a particular sex as fully as if such regulation were a special regulation.

Grant of Certificate of qualification in certain special cases.

3. —The Principal Act shall be construed and have effect and shall be deemed always to have had effect as if the following section were inserted therein in lieu of the section 6 now contained therein, that is to say:—

“6.—(1) Whenever the Minister in charge of a Government Department and, where such Department is not the Department of Finance, the Minister for Finance shall consider that any particular situation to which this Act applies in such Department requires knowledge or experience wholly or in part professional or otherwise peculiar and not ordinarily to be acquired in the Civil Service or that it is expedient that the person to be appointed on any particular occasion to any particular situation to which this Act applies in such Department should have such knowledge or experience as aforesaid, the Commissioners may by special regulation prescribe the method by which they will select the person to be appointed to such situation and may by such regulation confine the right to apply for such situation to persons who have paid the fee (if any) prescribed in that behalf by such regulation and also if they think fit to persons who belong to a specified class delimited in such manner or by reference to such matter as the Commissioners may think proper, and in any such case the Commissioners may grant their certificate of qualification for such situation on any evidence which is satisfactory to them that the person selected pursuant to such special regulation is qualified in respect of sex, age, health, character, knowledge, and ability for such situation.

(2) Whenever the Executive Council, on a recommendation made to them by the Minister in charge of a Government Department with (where such Department is not the Department of Finance), the concurrence of the Minister for Finance, shall consider that it would be in the public interest that a particular person should be appointed to a particular situation to which this Act applies in such Department, the Commissioners, if they think fit, may dispense on that occasion with compliance with the provisions of this Act and the regulations made thereunder in relation to examination or selection for and appointment to such situation and may grant their certificate of qualification of such person on any evidence that is satisfactory to them that such person is fully qualified as to age, sex, health, character, knowledge, and ability for that situation.

(3) Where a person in respect of whom a certificate of qualification shall have been issued by the Commissioners is appointed by transfer or promotion to a situation to which this Act applies and such person is not exempted by this Act from obtaining anew certificate of qualification in respect of such situation, the Commissioners may, if they think fit, dispense with the whole or any part of the examination for such situation and may issue a certificate of qualification therefor on any evidence which is satisfactory to them that such person is qualified as to age, sex, health, character, knowledge, and ability for such situation.”

Form of notice of appointments under section 6 of Principal Act.

4. —The notice required by sub-section (2) of section 11 of the Principal Act to be published in the Iris Oifigiúil shall, where the certificate was issued under section 6 of the Principal Act as amended by this Act, indicate the sub-section of the said section 6 under which the certificate was issued.

Short title and citation.

5. —This Act may be cited as the Civil Service Regulation (Amendment) Act, 1926, and the Principal Act and this Act may be cited together as the Civil Service Regulation Acts, 1924 and 1926.