Civil Service Regulation (Amendment) Act, 2005

• Jurisdiction: Ireland
• Citation: IR No. 18/2005
• Year: 2005

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

---

Number 18 of 2005

---

CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 29 May 2020

---

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

---

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Civil Service Regulation Acts 1956 to 2005: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Civil Service Regulation (Amendment) Act 2005 (18/2005), s. 1(2)). The Acts in this group are:

• Civil Service Regulation Act 1956 (46/1956)

• Civil Service Regulation (Amendment) Act 1958 (34/1958)

• Civil Service Regulation (Amendment) Act 1996 (13/1996)

• Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 2

Unfair Dismissals Acts 1977 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Industrial Relations (Amendment) Act 2015 (27/2015), s. 1(4)). The Acts in this group are:

• Unfair Dismissals Act 1977 (10/1977)

• Unfair Dismissals (Amendment) Act 1993 (22/1993)

• Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Unfair Dismissals Acts 1977 to 1993

• Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 6

• Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the Unfair Dismissals Acts 1977 to 2005

• Industrial Relations (Amendment) Act 2015 (27/2015), s. 39

Acts previously included in the group but now repealed are:

• Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991)

Minimum Notice and Terms of Employment Acts 1973 to 2005: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Civil Service Regulation (Amendment) Act 2005 (18/2005), a. 1(4)). The Acts in this group are:

• Minimum Notice and Terms of Employment Act 1973 (4/1973)

• Protection of Employees (Employers' Insolvency) Act 1984 (21/1984), s. 13

• Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Minimum Notice and Terms of Employment Acts 1973 and 1984

• Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 7

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009)

• Residential Tenancies Act 2004 (27/2004)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Civil Service Regulation (Amendment) Act 2005 (Sections 28, 29 and 30) (Commencement) Order 2007 (S.I. No. 229 of 2007)

• Civil Service Regulation (Amendment) Act 2005 (Commencement of Certain Provisions) Order 2006 (S.I. No. 363 of 2006)

• Civil Service Regulation (Amendment) Act 2005 (Section 31) (Commencement) Order 2006 (S.I. No. 355 of 2006)

• Civil Service Regulation (Amendment) Act 2005 (Commencement) (Section 8) Order 2005 (S.I. No. 763 of 2005)

• Civil Service Regulation (Amendment) Act 2005 (Section 8) (Commencement) Order 2005 (S.I. No. 629 of 2005)

All statutory instruments up to and including 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 revision.

---

Number 18 of 2005

---

CIVIL SERVICE REGULATION (AMENDMENT) ACT 2005

REVISED

Updated to 29 May 2020

---

ARRANGEMENT OF SECTIONS

---

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...