Policing, Security and Community Safety Act 2024
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Power of Deputy Garda Commissioner to perform functions of Garda Commissioner | ||
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28. (1) Subject to this section, the appropriate Deputy Garda Commissioner may perform the functions of the Garda Commissioner during any period when the Garda Commissioner is unable to perform his or her functions. | ||
(2) The appropriate Deputy Garda Commissioner may perform the functions of the Garda Commissioner pursuant to subsection (1)— | ||
(a) for a period not exceeding 2 months, or | ||
(b) for a period exceeding 2 months with the consent of the Minister. | ||
(3) Where— | ||
(a) more than one Deputy Garda Commissioner stands appointed under section 27 , and | ||
(b) the Deputy Garda Commissioner who would otherwise be the appropriate Deputy Garda Commissioner is unable to perform his or her functions, | ||
the next most senior Deputy Garda Commissioner in order of date of appointment to the rank of Deputy Garda Commissioner, shall be the appropriate Deputy Garda Commissioner for the period during which the Deputy Garda Commissioner referred to in paragraph (b) is unable to perform his or her functions. | ||
(4) Where— | ||
(a) the Garda Commissioner is unable to perform his or her functions, and | ||
(b) each Deputy Garda Commissioner is likewise so unable, | ||
the Minister may designate an Assistant Garda Commissioner to perform the functions of the Garda Commissioner during the period that the Garda Commissioner and each Deputy Garda Commissioner are so unable (in this section referred to as the “designated Assistant Garda Commissioner”). | ||
(5) The designated Assistant Garda Commissioner may perform the functions of the Garda Commissioner pursuant to subsection (4)— | ||
(a) for a period not exceeding 2 months, or | ||
(b) for a period exceeding 2 months with the consent of the Minister. | ||
(6) The Minister shall, prior to making a designation under subsection (4), consult with— | ||
(a) the Board, and | ||
(b) where practicable, the Garda Commissioner. | ||
(7) Where an appropriate Deputy Garda Commissioner or a designated Assistant Garda Commissioner performs the functions of the Garda Commissioner pursuant to subsection (1) or (4), sections 30 , 31 and 32 shall apply in respect of such Deputy Garda Commissioner or Assistant Garda Commissioner as they apply in respect of the Garda Commissioner. | ||
(8) Where an appropriate Deputy Garda Commissioner or a designated Assistant Garda Commissioner is performing, or is to perform, the functions of the Garda Commissioner pursuant to subsection (1) or (4), the Minister and the Authority shall, without delay, be so notified in writing by— | ||
(a) subject to paragraph (b), the Garda Commissioner, or | ||
(b) where the office of Garda Commissioner is vacant or the Garda Commissioner is unable to so notify, the appropriate Deputy Garda Commissioner or the designated Assistant Garda Commissioner, as the case may be. | ||
(9) A notification under subsection (8) shall specify— | ||
(a) the date from which the appropriate Deputy Garda Commissioner or designated Assistant Garda Commissioner commenced, or is to commence, performing the functions of the Garda Commissioner, | ||
(b) the reason for which he or she is so performing those functions, and | ||
(c) where known, the date on which he or she will cease to so perform the functions. | ||
(10) Where the Minister— | ||
(a) gives his or her consent to the performance of the functions of the Garda Commissioner by the appropriate Deputy Garda Commissioner for a period exceeding 2 months under subsection (2)(b), | ||
(b) makes a designation under subsection (4), or | ||
(c) gives his or her consent to the performance of the functions of the Garda Commissioner by the designated Assistant Garda Commissioner for a period exceeding 2 months under subsection (5)(b), | ||
the Minister shall notify the Authority of such giving of consent or designation as soon as practicable thereafter. | ||
(11) In this section— | ||
(a) a reference to the Garda Commissioner being unable to perform his or her functions means— | ||
(i) the Garda Commissioner being absent, incapacitated or suspended from duty, or | ||
(ii) the office of Garda Commissioner being vacant, | ||
(b) a reference to a Deputy Garda Commissioner being unable to perform his or her functions means— | ||
(i) the Deputy Garda Commissioner being absent, incapacitated or suspended from duty, or | ||
(ii) the office, or each office, as the case may be, of Deputy Garda Commissioner being vacant, | ||
and | ||
(c) “appropriate Deputy Garda Commissioner” means— | ||
(i) where not more than one Deputy Garda Commissioner stands appointed pursuant to section 27 , that Deputy Garda Commissioner, or | ||
(ii) subject to subsection (3), where more than one Deputy Garda Commissioner stands so appointed, the most senior Deputy Garda Commissioner in order of date of appointment to the rank of Deputy Garda Commissioner. |