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Civil Service (Employment of Married Women) Act, 1973

In short

This law removes restrictions that prevented married women from being employed in the Civil Service and addresses related matters concerning their employment.

What it regulates

  • The eligibility criteria for female candidates in Civil Service competitions.
  • The requirement for women civil servants to retire upon marriage.
  • The conditions under which certain women can be readmitted to the Civil Service.
  • The process for appointing women to established and unestablished positions in the Civil Service under specific circumstances.

Who it concerns

  • Female candidates applying for positions in the Civil Service.
  • Women who are or were civil servants.

Key points

  • It repeals the rule that a female candidate must be unmarried or a widow to be eligible for selection in Civil Service competitions, with some exceptions for ongoing competitions.
  • It repeals the requirement for women civil servants to retire from the Civil Service upon marriage.
  • It amends provisions for readmission to the Civil Service to include women who retired for marriage purposes and are now widows, or women who did not get married, or women not supported by their husbands.
  • Women proposed for appointment to established or unestablished positions under section 11 of the Regulation Act must be accepted as qualified by the Civil Service Commissioners.
Legal text
Legal text

Civil Service (Employment of Married Women) Act, 1973 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1973 Civil Service (Employment of Married Women) Act, 1973 Civil Service (Employment of Married Women) Act, 1973 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 17 of 1973 CIVIL SERVICE (EMPLOYMENT OF MARRIED WOMEN) ACT, 1973 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Repeal of section 16

(2)(c) of the Commissioners Act.
  1. Repeal of section 10 of the Regulation Act.
  2. Amendment of section 11 of the Regulation Act.
  3. Consequential amendments of the Commissioners Act.
  4. Short title. Acts Referred to Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Act, 1956 1956, No. 46 Number 17 of 1973 CIVIL SERVICE (EMPLOYMENT OF MARRIED WOMEN) ACT, 1973 AN ACT TO REPEAL CERTAIN STATUTORY PROVISIONS RESTRICTING THE EMPLOYMENT OF MARRIED WOMEN IN THE CIVIL SERVICE AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE AFORESAID MATTER. [31st July, 1973] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act— “the Commissioners Act” means the Civil Service Commissioners Act, 1956 ; “the Regulation Act” means the Civil Service Regulation Act, 1956 ; “the Civil Service” means the Civil Service of the Government and the Civil Service of the State. Repeal of section 16
(2)(c) of the Commissioners Act. 2.—
(1)Paragraph (c) of subsection
(2)of section 16 of the Commissioners Act, which empowers the Civil Service Commissioners to provide in regulations under that section for competitions for appointment to positions in the Civil Service that a female candidate to be eligible for selection shall be unmarried or a widow, is hereby repealed.
(2)Subsection
(1)of this section shall not apply to a competition in respect of which— (
  1. a)the date, fixed by the relevant regulations for the purpose of the receipt of applications, is earlier than the commencement of this Act, (
  2. b)the selection of candidates for appointment under section 17 of the Commissioners Act is not at such commencement completed, and (
  3. c)the relevant regulations provide that to be eligible for selection a female candidate shall be unmarried or a widow.
(3)Notwithstanding subsection
(2)of this section or section 17
(2)(b) of the Commissioners Act, a female candidate at a competition referred to in subsection
(2)of this section who marries between the date fixed by the relevant regulations for the purpose of the receipt of applications and the completion of the selection of candidates for appointment shall not, by reason only of her marriage, be ineligible for such selection.
(4)If any question arises under this Act as to whether the selection of candidates for appointment is or is not completed the question shall be decided by the Civil Service Commissioners, whose decision shall be final. Repeal of section 10 of the Regulation Act. 3.—Section 10 of the Regulation Act, which requires the retirement on marriage from the Civil Service of women who are civil servants, is hereby repealed. Amendment of section 11 of the Regulation Act. 4.—Section 11 of the Regulation Act, which provides for readmission to the Civil Service of certain widows, is hereby amended— (a) by the substitution of the following subsection for subsection
(1): “
(1)In this section— ‘the proper authority’ means, in relation to a woman to whom this section applies, the authority who, if she had continued to serve in the position (in this section referred to as her original position) she held immediately prior to her retirement for the purposes of, on or following marriage up to the date an application is made by her under subsection
(2)of this section, would be the appropriate authority in relation to her; ‘woman to whom this section applies’ means a woman who— (
  1. a)was a civil servant, (
  2. b)retired from the Civil Service for the purposes of, on or following marriage, and (
  3. c)is for the time being a widow or a woman who did not get married or in respect of whom it is established to the satisfaction of the Minister for Finance that she is not being supported by her husband.”, and (
  4. b)by the substitution of “woman to whom this section applies” for “widow to whom this section applies” where it occurs in subsections
(2)and
(3), and accordingly the said section shall have effect in accordance with the Table to this section. TABLE 11.—
(1)In this section— “the proper authority” means, in relation to a woman to whom this section applies, the authority who, if she had continued to serve in the position (in this section referred to as her original position) she held immediately prior to her retirement for the purposes of, on or following marriage up to the date an application is made by her under subsection
(2)of this section, would be the appropriate authority in relation to her; “woman to whom this section applies” means a woman who— (
  1. a)was a civil servant, (
  2. b)retired from the Civil Service for the purposes of, on or following marriage, and (
  3. c)is for the time being a widow or a woman who did not get married or in respect of whom it is established to the satisfaction of the Minister for Finance that she is not being supported by her husband.
(2)Where a woman to whom this section applies makes an application to the proper authority for re-admission to the Civil Service the following provisions shall, subject to subsection
(3)of this section, have effect:— (
  1. a)if her original position was an established position she may, before it is decided to grant or refuse her application, be required to serve on trial for such period and in such position (not being an established position) as the Minister may determine; (
  2. b)if there is a suitable vacancy in a position which fulfils the conditions set out in paragraph (
  3. d)of this subsection and the proper authority would be the appropriate authority in relation to a civil servant holding that position then the proper authority may, if he thinks fit, appoint her to fill the vacancy in that position; (
  4. c)if, in the absence of a vacancy in a position of the type referred to in paragraph (
  5. b)of this subsection, there is a suitable vacancy in another position which fulfils the conditions set out in paragraph (
  6. d)of this subsection the authority (not being the proper authority) who would be the appropriate authority in relation to a civil servant holding that position may, if he thinks fit, appoint her to fill the vacancy in that position; (
  7. d)the following provisions shall apply in relation to the position to which a woman to whom this section applies may be appointed under paragraph (
  8. b)or (
  9. c)of this subsection— (
  10. i)it shall be either— (I) in the same grade as that of her original position, or (II) in such grade or rank (being one which, in the opinion of the Minister, is equivalent to or lower than her original position) as the Minister may determine, (
  11. ii)if her original position was an established position, it may be either an established position, or a position which is not an established position, (iii) if her original position was not an established position, it shall be a position which is not an established position.
(3)(a) The Minister may from time to time prescribe conditions governing appointments under subsection
(2)of this section and no woman to whom this section applies shall be so appointed unless such conditions are fulfilled. (b) An authority (being the proper authority or an appropriate authority) who is not the Minister shall not exercise any power conferred on him by this section except with the consent of the Minister. Consequential amendments of the Commissioners Act. 5.—The Commissioners Act is hereby amended by the substitution of the following sections for sections 21 and 24, respectively: “Appointment to established position under section 11 of the Regulation Act. 21.—Where it is proposed to appoint, under section 11 of the Regulation Act, a woman to an established position, she shall not be appointed to that position unless and until she has been accepted by the Commissioners as qualified for appointment thereto. Appointment to unestablished position under section 11 of the Regulation Act. 24.—Where it is proposed to appoint, under section 11 of the Regulation Act, a woman to an unestablished position, she shall not be appointed to that position unless and until she has been accepted by the Commissioners as qualified for appointment thereto.” Short title. 6.—This Act may be cited as the Civil Service (Employment of Married Women) Act, 1973. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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