Civil Service Commissioners Act, 1956

Excluded positions.

5.—(1) (a) Subject to paragraph (b) of this subsection, the Commissioners may by order declare that a specified unestablished position (not being a position which is in a scheduled occupation) shall be an excluded position for the purposes of this Act, and the Commissioners may provide therein that the order is to remain in force for such period only as the Commissioners determine and specify in the order.

(b) The Commissioners shall not make in relation to an unestablished position an order under paragraph (a) of this subsection except at the request of the appropriate authority and, if the appropriate authority is not the Minister, with the consent of the Minister.

(c) In this section—

“limited period order” means an order under paragraph (a) of this subsection which is expressed to remain in force for a specified period only;

“unlimited period order” means an order under the said paragraph (a) which is not so expressed.

(2) Where—

(a) an order (in this section referred to as a scheduling (1924 Act) order) has been made, under subsection (2) of section 10 of the Act of 1924, adding a situation to the Schedule to the Act of 1924, and

(b) the situation was, immediately before the commencement of this Act, comprised in the said Schedule, and

(c) the situation is not a situation in a scheduled occupation,

then, for the purposes of this section (except subsection (5) thereof), the following provisions shall, on the commencement of this Act, have effect, that is to say—

(i) the scheduling (1924 Act) order shall cease to be in force,

(ii) in case the scheduling (1924 Act) order provided that the situation would be withdrawn from the said Schedule after a specified date—there shall be deemed to have been duly made in relation to the position a limited period order expressed to remain in force for the period ending on that date,

(iii) in any other case—there shall be deemed to have been duly made in relation to the position an unlimited period order.

(3) (a) Subject to paragraph (b) of this subsection, where a limited period order is in force, the Commissioners may, from time to time, by order extend the period for which the limited period order is to remain in force.

(b) The Commissioners shall not make in relation to an unestablished position an order under paragraph (a) of this subsection except at the request of the appropriate authority and, if the appropriate authority is not the Minister, with the consent of the Minister.

(4) Where an unlimited period order in relation to an unestablished position is in force, the Commissioners may, with the consent of the Minister and, if the Minister is not the appropriate authority, after consultation with the appropriate authority, by order revoke, with effect as from a specified date, the unlimited period order.

(5) Where an order is made under this section, notice of the making thereof shall be published in the Iris Oifigiúil as soon as may be after it is made.

(6) Any position to which an order under subsection (1) or (3) of this section applies shall, so long as the order remains in force, be, for the purposes of this Act, an excluded position, and the expression “excluded position” shall, in this Act, be construed accordingly.