Garda Síochána Act 2005
Regulations relating to management of Garda Síochána. |
122.— (1) The Minister may, after consulting with the Garda Commissioner and with the approval of the Government, make regulations for the management of the Garda Síochána, including regulations relating to any or all of the following matters: | |
(a) the different ranks into which the members of the Garda Síochána are to be divided; | ||
(b) the minimum and maximum number of members in each rank; | ||
(c) the duties of the different ranks in the Garda Síochána; | ||
(d) the admission, appointment and enrolment of members, including members who have served with other police services and members with different ethnic or national origins or different religious beliefs or backgrounds; | ||
(e) the appointment to the Garda Síochána of members on secondment from any other police service; | ||
(f) the training of members; | ||
(g) the pay and allowances of members, including the conditions under which they are payable; | ||
(h) the retirement of members; | ||
(i) the payment of pensions, allowances and gratuities to members and their spouses, children and dependents, including— | ||
(i) the conditions under which those pensions, allowances and gratuities are payable, | ||
(ii) the rates and scales of payment, and | ||
(iii) the penalties for fraudulent conduct in relation to an application for a pension, allowance or gratuity; | ||
(j) the promotion of members; | ||
(k) requirements relating to the resignation of members; | ||
(l) the use of facilities, equipment, arms or services by the Garda Síochána; | ||
(m) the formation of associations referred to in section 18 and matters relating to the role, status and carrying out of business within the Garda Síochána of those associations; | ||
(n) the limitations, restrictions or conditions applicable to the exercise of the Garda Commissioner’s powers under section 29 ; | ||
(o) the circumstances in which and the extent to which police services referred to in section 30 (3) may be provided by the Garda Síochána; | ||
(p) the costs to be taken into account under section 30 (4) in relation to the provision of police services; | ||
(q) the limitations, restrictions or conditions applicable to the delegation of the Garda Commissioner’s functions under section 31 ; | ||
(r) any other matter relating to the organisation, training, carrying out of duties, efficiency, management or administration of the Garda Síochána. | ||
(2) A person is not eligible for appointment as a member of a panel referred to in subsection (3) if the person is or has been a member of the Garda Síochána. | ||
(3) Regulations under subsection (1)(j) shall include provision for the establishment of promotion boards comprising 3 members— | ||
(a) one of whom shall be a member of the Garda Síochána appointed by the Garda Commissioner as a member of the board, and | ||
(b) 2 of whom (including the chairperson of the board) shall be appointed by the Minister from a panel established in accordance with the regulations and consisting of suitably qualified persons appointed to the panel by the Government. | ||
(4) In making regulations, the Minister shall consider the objective of promoting effectiveness, efficiency and economy in the Garda Síochána. | ||
(5) A regulation under this section may— | ||
(a) apply generally to all ranks and grades in the Garda Síochána and to reserve members, | ||
(b) apply only to— | ||
(i) specified ranks and grades in the Garda Síochána, | ||
(ii) members on secondment to an international organisation under section 51 (2)(b), | ||
(iii) members appointed to the Garda Síochána under section 53 on secondment from the Police Service of Northern Ireland, | ||
(iv) members on secondment to the Police Service of Northern Ireland under section 54 , | ||
(v) members appointed to the Garda Síochána on secondment from any other police service, or | ||
(vi) reserve members, | ||
(c) make different provision for different ranks or grades in the Garda Síochána or for differerent categories of members mentioned in paragraph (b)(ii) to (v), and | ||
(d) authorise any matter or thing to be determined or applied by a specified person or body. | ||
(6) Before making regulations under subsection (1)(g) or (i), the Minister shall— | ||
(a) submit a draft of the regulations to the associations referred to in section 18 representing the ranks and grades in the Garda Síochána who would be affected by the regulations, and | ||
(b) consider any representations made to him or her in respect of the draft regulations by any of those associations. |