In short
This law amends the Civil Service Regulation Act, 1956, primarily concerning the tenure of civil servants in certain positions and the application of the Regulation Act to staff of the Houses of the Oireachtas.
What it regulates
- The tenure of office for individuals appointed to "excluded positions" within the civil service.
- Conditions for civil servants serving in a probationary capacity.
- The application of the Civil Service Regulation Act, 1956, to members of the staff of the Houses of the Oireachtas.
Who it concerns
- Persons appointed to "excluded positions" in the civil service.
- Civil servants serving in a probationary capacity.
- Members of the staff of the Houses of the Oireachtas.
Key points
- If an order declaring a position "excluded" ceases to be in force, the person holding that position will cease to hold it on that date, unless their services are terminated earlier under section 6 of the Regulation Act.
- The law modifies the conditions under which a civil servant in a probationary position can be deemed to have failed to fulfil their probation.
- The Regulation Act will cease to apply to staff of the Houses of the Oireachtas on the earlier of two dates: when a future Act for their regulation comes into operation, or the 17th day of February, 1960.
đ Legal text
Civil Service Regulation (Amendment) Act, 1958
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1958
Civil Service Regulation (Amendment) Act, 1958
Civil Service Regulation (Amendment) Act, 1958
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Number 34 of 1958.
CIVIL SERVICE REGULATION (AMENDMENT) ACT, 1958.
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Tenure of office of persons appointed to excluded positions.
3.
Amendment of section 7 of the Regulation Act.
4.
Repeal and re-enactment with modification of section 20 (1) of the Regulation Act.
5.
Short title and collective citation.
Acts Referred to
Civil Service Regulation Act, 1956
.
1956, No. 46
Civil Service Commissioners Act, 1956
1956, No. 45
Number 34 of 1958.
CIVIL SERVICE REGULATION (AMENDMENT) ACT, 1958.
AN ACT TO AMEND THE
CIVIL SERVICE REGULATION ACT, 1956
. [23rd December, 1958.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
Interpretation.
1.â(1) In this Act, âthe Regulation Actâ means the
Civil Service Regulation Act, 1956
.
(2) This Act shall be construed as one with the Regulation Act.
Tenure of office of persons appointed to excluded positions.
2.â(1) In this sectionâ
âthe Commissioners Actâ means the
Civil Service Commissioners Act, 1956
;
âexcluded positionâ has the same meaning as in the Commissioners Act.
(2) Where a person is appointed to a position which is for the time being an excluded position and the order, made under section 5 of the Commissioners Act, declaring that position to be an excluded position, ceases to be in force, then, unless his services are sooner terminated under section 6 of the Regulation Act, he shall cease to hold that position on the date on which the order ceases to be in force.
Amendment of section 7 of the Regulation Act.
3.âIn section 7 of the Regulation Act, all words commencing with the words âWhere the appropriate authorityâ and ending with the words âattaching to his probationary positionMâ shall be deleted, and there shall be substituted therefor the following words, âWhere, in respect of a civil servant who has been appointed to an established position (in this section referred to as his probationary position) and who under his conditions of service is serving in a probationary capacity, the appropriate authority is, at any time during the civil servant's probationary period or such (if any) extension thereof as the appropriate authority may from time to time fix, satisfied that he has failed to fulfil the conditions of probation attaching to his probationary positionâ.
Repeal and re-enactment with modification of section 20 (1) of the Regulation Act.
4.âSubsection (1) of section 20 of the Regulation Act is hereby repealed and in lieu thereof it is hereby enacted that the Regulation Act shall cease to apply to members of the staff of the Houses of the Oireachtas on whichever of the following dates is the earlierâ
(a) the date on which a future Act making provision in relation to the regulation, control and management of the members of the staff of the Houses of the Oireachtas comes into operation,
(b) the 17th day of February, 1960.
Short title and collective citation.
5.â(1) This Act may be cited as the Civil Service Regulation (Amendment) Act, 1958.
(2) The Regulation Act and this Act may be cited together as the Civil Service Regulation Acts, 1956 and 1958.
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