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13 2001



Commissioner of Valuation

Commissioner of Valuation.

9. —(1) In this section “current Commissioner” means the Commissioner holding office immediately before the commencement of this Act and references in this section to the Commissioner, without qualification, shall, other than in subsections (5) to (9), be construed as including references to the current Commissioner.

(2) Notwithstanding the repeal by section 8 of the Act of 1852, the office of Commissioner shall continue in being.

(3) The terms and conditions on which the current Commissioner shall hold office shall be those on which he or she held office immediately before the commencement of this Act.

(4) On the expiry of the term of office of the current Commissioner (whether by effluxion of time or otherwise) subsections (5) to (9) shall have effect in relation to the office of Commissioner.

(5) The Commissioner shall be appointed by the Minister.

(6) The Commissioner shall hold office on such terms and conditions and receive such remuneration and allowances as the Minister may determine.

(7) A person appointed to be the Commissioner shall hold office for such period as the Minister may determine when appointing him or her, but the Minister may, whenever he or she thinks fit, continue the appointment (including an appointment previously continued under this subsection) for such further period as he or she considers appropriate.

(8) The Commissioner may be removed from office at any time by the Minister.

(9) If the Commissioner is removed from office under subsection (8), the Minister shall cause to be laid before each House of the Oireachtas a statement of the reason for the removal.

(10) The Commissioner shall be independent in the performance of his or her functions.

(11) The Commissioner may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions under this Act.

(12) The Commissioner shall furnish to the Minister such information regarding the performance of his or her functions as the Minister may from time to time request.

Delegation to Commissioner of certain functions and temporary inability of Commissioner to act.

10. —(1) 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 and 1958, as the appropriate authority in relation to members of the staff of the Commissioner and, if he or she does so, then as 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 the said Acts, the appropriate authority in relation to members of the staff of the Commissioner.

(2) Whenever it appears to the Minister that the Commissioner is temporarily unable to discharge his or her duties, the Minister may appoint a person to act in the place of the Commissioner during the period of such inability or for such shorter period as the Minister thinks proper.

(3) A person appointed under subsection (2) shall have all the functions of the Commissioner and references in this Act to the Commissioner shall be deemed to include references to such person.

Delegation of functions by Commissioner.

11. —(1) The Commissioner may delegate in writing a specified function of the Commissioner under this Act to any officer of the Commissioner.

(2) Where a function is delegated under subsection (1), the officer concerned shall perform the function under the general direction and subject to the general control of the Commissioner and in accordance with such (if any) limitations as may be specified in the delegation in relation to the area or period in which or the extent to which he or she is to perform the function.

(3) Any function, when performed by an officer to whom it has been delegated under this section, shall be deemed to have been performed by the Commissioner.

(4) A delegation under this section may relate to the performance generally of a function or to the performance of a function in a particular case or class of case or in relation to property in a particular area.

(5) The Commissioner may revoke a delegation under this section at any time either generally or in relation to a particular case or class of case or in relation to property in a particular area.

(6) Where, as respects a particular case or class of case, a delegation of a function is revoked at a time when the function has not been fully performed, the Commissioner himself or herself or another officer of the Commissioner to whom a delegation in respect of that function has been made under this section may continue the performance of the function as respects the case or class of case.

(7) The Minister may give such general directions in writing to the Commissioner in relation to the exercise of his or her powers under this section as the Minister considers appropriate and the Commissioner shall comply with any such directions.

(8) Subsection (7) shall not be construed as enabling the Minister to exercise any power or control in relation to the exercise in particular circumstances by the Commissioner of his or her powers under this section.