(LRC Revised)

Number 18 of 2005

CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 29 May 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Civil Service Regulation (Amendment) Act

2005

. It is prepared by the Law Reform Commission in accordance with its function

under the

Law Reform Commission Act 1975

(3/1975) to keep the law under review

and to undertake revision and consolidation of statute law.

All Acts up to and including the

Emergency Measures in the

Public Interest (Covid-19) Act 2020

(2/2020), enacted 27 March 2020, and all

statutory instruments up to and including the

European Union (Reporting, Analysis and

Follow-up of Occurrences in Civil Aviation) Regulations 2020

(S.I. No. 195 of

2020), made 29 May 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

18

of

2005

CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 29 May

2020

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Citation.

2.

Commencement.

PART 2

Amendment of Civil Service Regulation Act of 1956

3.

Interpretation (

Part 2

).

4.

Amendment of section 1 (Interpretation) of Principal Act.

5.

Appointment of Head of Scheduled Office.

6.

Appropriate authority.

7.

Tenure of office of established civil servants.

8.

Appointment of civil servants beyond normal retirement age.

9.

Amendment of section 14 (Remuneration of civil servant suspended from duty) of Principal

Act.

10.

Amendment of section 15 (Disciplinary measures) of Principal Act.

11.

Amendment of section 16 (Unauthorised absences from duty) of Principal Act.

12.

Appointment of officers of the Attorney General.

13.

Insertion of Schedule 2 to Principal Act.

14.

Cesser of delegation of powers under Principal Act.

15.

Transitional.

PART 3

STAFF OF THE HOUSES OF THE OIREACHTAS COMMISSION

16.

Amendment of section 20 of Staff of the Houses of the Oireachtas Act 1959.

17.

Amendment of section 12 of Houses of the Oireachtas Commision Act 2003.

18.

Amendment of section 16 of Houses of the Oireachtas Commision Act 2003.

PART 4

Amendment of Comptroller and Auditor-General Act 1923

19.

Amendment of Comptroller and Auditor-General Act 1923.

PART 5

Amendment of Ombudsman Act 1980.

20.

Amendment of Ombudsman Act 1980.

PART 6

Application of Unfair Dismissals Act to Civil Servants

21.

Interpretation (

Part 6

).

22.

Extension of Unfair Dismissals Act to civil servants.

PART 7

Application of Minimum Notice and Terms of Employment Act to Civil Servants

23.

Interpretation (

Part 7

).

24.

Amendment of section 1 of Act of 1973.

25.

Application of Act to civil servants.

26.

Extension of Act of 1973 to civil servants.

PART 8

Secretary General to the President

27.

Secretary General to the President.

PART 9

Additional Functions of Director of Public Prosecutions

28.

Amendment of section 6 of Ministers and Secretaries Act 1924.

29.

Additional function of Director of Public Prosecutions.

30.

Direction to local State Solicitors.

31.

Power of appointment of officers and servants of Director of Public Prosecutions.

PART 10

Amendment of Public Service Management (Recruitment and Appointments) Act 2004.

32.

Amendment of section 15 (Investigations on behalf of Commission) of Public Service

Management (Recruitment and Appointments) Act 2004.

PART 11

Public Service Superannuation

33.

Public Service Superannuation.

SCHEDULE

Acts Referred to

Civil Service Regulation Act 1956

1956, No. 46

Civil Service Regulation Acts 1956 and 1958

Civil Service Regulation Acts 1956 to 1996

Comptroller and Auditor-General Act 1923

1923, No. 1

Courts Service Act 1998

1998, No. 8

Ethics in Public Office Act 1995

1995, No. 22

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Minimum Notice and Terms of Employment Act 1973

1973, No. 4

Minimum Notice and Terms of Employment Acts 1973 to 2001

Ministers and Secretaries (Amendment) (No. 2) Act 1977

1977, No. 28

Ministers and Secretaries Act 1924

1924, No. 16

Ombudsman Act 1980

1980, No. 26

Presidential Establishment Act 1938

1938, No. 24

Prosecution of Offences Act 1974

1974, No. 22

Public Service Management Act 1997

1997, No. 27

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 8

Staff of the Houses of the Oireachtas Act 1959

1959, No. 38

Superannuation (Prison Officers) Act 1919

9 & 10 Geo. 5, c. 67

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2001

Number

18

of

2005

CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 29 May 2020

AN ACT TO PROVIDE FOR THE AMENDMENT OF THE CIVIL SERVICE REGULATION ACT 1956, TO PROVIDE

FOR THE APPLICATION OF THE UNFAIR DISMISSALS ACT 1977 TO CERTAIN CIVIL SERVANTS, TO

PROVIDE FOR THE APPLICATION OF THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

TO CIVIL SERVANTS, TO PROVIDE FOR THE AMENDMENT OF THE COMPTROLLER AND AUDITOR-GENERAL

ACT 1923, TO PROVIDE FOR THE AMENDMENT OF THE MINISTERS AND SECRETARIES ACT 1924,

TO PROVIDE FOR THE AMENDMENT OF THE PROSECUTION OF OFFENCES ACT 1974, TO PROVIDE FOR

THE AMENDMENT OF THE OMBUDSMAN ACT 1980, TO PROVIDE FOR THE AMENDMENT OF THE SUPERANNUATION

(PRISON OFFICERS) ACT 1919, TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE SUPERANNUATION

(MISCELLANEOUS PROVISIONS) ACT 2004, TO PROVIDE FOR THE AMENDMENT OF THE PUBLIC SERVICE

MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004, TO PROVIDE FOR THE AMENDMENT OF

THE STAFF OF THE HOUSES OF THE OIREACHTAS ACT 1959, TO PROVIDE FOR THE AMENDMENT OF

THE HOUSES OF THE OIREACHTAS COMMISSION ACT 2003, TO PROVIDE FOR THE ALTERATION OF

THE TITLE OF THE SECRETARY TO THE PRESIDENT AND TO PROVIDE FOR MATTERS CONNECTED WITH

THE MATTERS AFORESAID.

[

9th July, 2005

]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Unfair Dismissals Acts

restricted (29.05.2020) by

European Union (Reporting, Analysis and Follow-up of

Occurrences in Civil Aviation) Regulations 2020

(S.I. No. 195 of 2020),

reg. 9.

Application of Unfair

Dismissals Acts 1977 to 2015

9. A person who suffers

prejudice in contravention of Article 16(9) of Regulation (EU) No. 376/2014 which

constitutes a dismissal of that person within the meaning of the Unfair Dismissals

Acts 1977 to 2015 may not be granted relief under the Schedule and those Acts.

C2

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (1.07.2010) by

Inland Fisheries Act 2010

(10/2010), s. 82(3), commenced as per s. 5(2) and S.I. No. 262 of 2010.

Powers of Minister in operating a fishery.

82.

— ...

(3) The Public Service Management (Recruitment and Appointments) Act 2004 and the

Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or

appointed by the Minister under this section.

C3

Application of collectively cited

Civil Service Regulation Acts 1956 to 1996

restricted (1.09.2004) by

Residential Tenancies Act 2004

(27/2004), s. 164(8), S.I. No. 505 of 2004.

Mediators and adjudicators.

164.

— ...

(8) Neither

the Civil Service Commissioners Act 1956

(or any enactment that replaces in whole or in part that Act) nor the Civil Service

Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.

C4

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (16.11.1984) by

Motor Insurance Advisory Board (Establishment) Order 1984

(S.I. No. 299 of 1984).

4. ...

(4) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office

of member of the Board.

C5

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (3.06.1969) by

Industrial Relations Act 1969

(14/1969), s. 4(7), commenced on enactment.

Deputy chairman of the Court.

4.

— ...

(7) Neither the Civil Service Commissioners Act, 1956, nor the Civil Service Regulation

Acts, 1956 and 1958, shall apply to the office of deputy chairman of the Court.

C6

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (5.06.1968) by

Imposition of Duties (Dumping and Subsidies) Act 1968

(11/1968), s. 4(12), commenced on enactment.

An Coimisi

n Dumpála.

4.

— ...

(12) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office

of member of the Commission.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Unfair Dismissals Acts

restricted (29.05.2020) by

European Union (Reporting, Analysis and Follow-up of

Occurrences in Civil Aviation) Regulations 2020

(S.I. No. 195 of 2020),

reg. 9.

Application of Unfair

Dismissals Acts 1977 to 2015

9. A person who suffers

prejudice in contravention of Article 16(9) of Regulation (EU) No. 376/2014 which

constitutes a dismissal of that person within the meaning of the Unfair Dismissals

Acts 1977 to 2015 may not be granted relief under the Schedule and those Acts.

C2

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (1.07.2010) by

Inland Fisheries Act 2010

(10/2010), s. 82(3), commenced as per s. 5(2) and S.I. No. 262 of 2010.

Powers of Minister in operating a fishery.

82.

— ...

(3) The Public Service Management (Recruitment and Appointments) Act 2004 and the

Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or

appointed by the Minister under this section.

C3

Application of collectively cited

Civil Service Regulation Acts 1956 to 1996

restricted (1.09.2004) by

Residential Tenancies Act 2004

(27/2004), s. 164(8), S.I. No. 505 of 2004.

Mediators and adjudicators.

164.

— ...

(8) Neither

the Civil Service Commissioners Act 1956

(or any enactment that replaces in whole or in part that Act) nor the Civil Service

Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.

C4

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (16.11.1984) by

Motor Insurance Advisory Board (Establishment) Order 1984

(S.I. No. 299 of 1984).

4. ...

(4) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office

of member of the Board.

C5

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (3.06.1969) by

Industrial Relations Act 1969

(14/1969), s. 4(7), commenced on enactment.

Deputy chairman of the Court.

4.

— ...

(7) Neither the Civil Service Commissioners Act, 1956, nor the Civil Service Regulation

Acts, 1956 and 1958, shall apply to the office of deputy chairman of the Court.

C6

Application of collectively cited

Civil Service Regulation Acts 1956 and 1958

restricted (5.06.1968) by

Imposition of Duties (Dumping and Subsidies) Act 1968

(11/1968), s. 4(12), commenced on enactment.

An Coimisi

n Dumpála.

4.

— ...

(12) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office

of member of the Commission.

PART 1

Preliminary and General

Section

1.

Citation.

2.

Commencement.

PART 2

Amendment of Civil Service Regulation Act of 1956

3.

Interpretation (

Part 2

).

4.

Amendment of section 1 (Interpretation) of Principal Act.

5.

Appointment of Head of Scheduled Office.

6.

Appropriate authority.

7.

Tenure of office of established civil servants.

8.

Appointment of civil servants beyond normal retirement age.

9.

Amendment of section 14 (Remuneration of civil servant suspended from duty) of Principal

Act.

10.

Amendment of section 15 (Disciplinary measures) of Principal Act.

11.

Amendment of section 16 (Unauthorised absences from duty) of Principal Act.

12.

Appointment of officers of the Attorney General.

13.

Insertion of Schedule 2 to Principal Act.

14.

Cesser of delegation of powers under Principal Act.

15.

Transitional.

PART 3

STAFF OF THE HOUSES OF THE OIREACHTAS COMMISSION

16.

Amendment of section 20 of Staff of the Houses of the Oireachtas Act 1959.

17.

Amendment of section 12 of Houses of the Oireachtas Commision Act 2003.

18.

Amendment of section 16 of Houses of the Oireachtas Commision Act 2003.

PART 4

Amendment of Comptroller and Auditor-General Act 1923

19.

Amendment of Comptroller and Auditor-General Act 1923.

PART 5

Amendment of Ombudsman Act 1980.

20.

Amendment of Ombudsman Act 1980.

PART 6

Application of Unfair Dismissals Act to Civil Servants

21.

Interpretation (

Part 6

).

22.

Extension of Unfair Dismissals Act to civil servants.

PART 7

Application of Minimum Notice and Terms of Employment Act to Civil Servants

23.

Interpretation (

Part 7

).

24.

Amendment of section 1 of Act of 1973.

25.

Application of Act to civil servants.

26.

Extension of Act of 1973 to civil servants.

PART 8

Secretary General to the President

27.

Secretary General to the President.

PART 9

Additional Functions of Director of Public Prosecutions

28.

Amendment of section 6 of Ministers and Secretaries Act 1924.

29.

Additional function of Director of Public Prosecutions.

30.

Direction to local State Solicitors.

31.

Power of appointment of officers and servants of Director of Public Prosecutions.

PART 10

Amendment of Public Service Management (Recruitment and Appointments) Act 2004.

32.

Amendment of section 15 (Investigations on behalf of Commission) of Public Service

Management (Recruitment and Appointments) Act 2004.

PART 11

Public Service Superannuation

33.

Public Service Superannuation.

SCHEDULE

Number

18

of

2005