Civil Service Regulation Act, 1956

“Appropriate authority.”

2.—(1) In this Act, “appropriate authority” means—

(a) in relation to a civil servant holding a position to which he was appointed by the Government, the Government,

(b) in relation to a civil servant who is a member of the staff of the Houses of the Oireachtas or an officer of the Attorney General, the Taoiseach,

(c) in relation to a civil servant who is a member of the staff of the office of the Revenue Commissioners, the Minister, or

(d) in relation to any other civil servant, the Minister of State by whom the power of appointing a successor to him would for the time being be exercisable.

(2) (a) The Taoiseach may delegate to the Chairman of Dáil Éireann the powers (except those in relation to any matter arising directly in connection with the business of Seanad Éireann) exercisable by him under this Act as the appropriate authority in relation to members of the staff of the Houses of the Oireachtas and, if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Chairman of Dáil Éireann, and

(ii) that person shall, in lieu of the Taoiseach, be, for the purposes of this Act, the appropriate authority, as respects the exercise of those powers, in relation to members of the staff of the Houses of the Oireachtas.

(b) The Taoiseach may delegate to the Chairman of Seanad Éireann the powers, in relation to any matter arising directly in connection with the business of Seanad Éireann, exercisable by him under this Act as the appropriate authority in relation to members of the staff of the Houses of the Oireachtas and if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Chairman of Seanad Éireann, and

(ii) that person shall, in lieu of the Taoiseach, be, for the purposes of this Act, the appropriate authority, as respects the exercise of those powers, in relation to members of the staff of the Houses of the Oireachtas.

(c) The Taoiseach may delegate to the Attorney General the powers exercisable by him under this Act as the appropriate authority in relation to officers of the Attorney General, and if he does so, then so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Attorney General, and

(ii) that person shall, in lieu of the Taoiseach, be for the purposes of this Act, the appropriate authority in relation to officers of the Attorney General.

(d) The Minister may delegate to the Comptroller and Auditor General the powers exercisable by him under this Act as the appropriate authority in relation to members of the staff of the office of the Comptroller and Auditor General, and if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the person who is for the time being the Comptroller and Auditor General, and

(ii) that person shall, in lieu of the Minister, be, for the purposes of this Act, the appropriate authority in relation to members of the staff of the office of the Comptroller and Auditor General.

(e) The Minister may delegate to the Revenue Commissioners the powers exercisable by him under this Act as the appropriate authority in relation to members of the staff of the office of the Revenue Commissioners, and, if he does so, then, so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the persons who are for the time being the Revenue Commissioners, and

(ii) those persons shall, in lieu of the Minister, be, for the purposes of this Act, the appropriate authority in relation to members of the staff of the office of the Revenue Commissioners.

(f) The Minister of State by whom a delegation is made under paragraph (a), (b), (c), (d) or (e) of this subsection may revoke the delegation, but such revocation shall not affect any thing done, by virtue of the delegation, under this Act, and any thing so done shall continue in force and shall, for the purposes of this Act, have effect as if done by that Minister of State.

(3) Nothing in this section shall be construed as affecting the powers exercisable by the Revenue Commissioners under any enactment for the time being in force.