S.I. No. 38/1998 - Garda Síochána (Associations) (Superintendents and Chief Superintendents) (Amendment) Regulations, 1998

S.I. No. 38 of 1998.

GARDA SíOCHáNA (ASSOCIATIONS) (SUPERINTENDENTS AND CHIEF SUPERINTENDENTS) (AMENDMENT) REGULATIONS, 1998

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 13 of the Garda Síochána Act, 1924 (No. 25 of 1924) (as amended by the Garda Síochána Act, 1977 (No. 24 of 1977), and section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), hereby with the approval of the Government, make the following Regulations:

1. These Regulations may be cited as the Garda Síochána (Associations) (Superintendents and Chief Superintendents) (Amendment) Regulations, 1998.

2. The "Principal Regulations" means the Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations, 1987 ( S.I. No. 200 of 1987 ) (as amended by the Garda Síochána (Associations) (Superintendents and Chief Superintendents) (Amendment) Regulations, 1994 ( S.I. No. 92 of 1994 )).

3. Regulation 3 of the First Schedule to the Principal Regulations is hereby amended by—

(a) the substitution of the following paragraph for paragraph (1):

"(1) For the purposes of the organisation of membership, the State shall be divided into five areas as follows: the Leinster Area, the Connaught and Ulster Area, the Munster Area, the Dublin Metropolitan Area and Garda Headquarters.",

(b) The substitution in paragraph (3) of —

(i) the following subparagraph for subparagraph (a):

"(a) Each branch in Garda Headquarters shall be deemed to be a division of Garda Headquarters."; and

(ii) the following subparagraph for subparagraph (b):

"(b) Dublin Metropolitan Area Headquarter shall be deemed to be a division of the Dublin Metropolitan Area."; and

(c) the substitution of the following paragraph for paragraph (5):

"(5) There shall be an area committee for each area. In each division the members permanently assigned to the division shall elect one of their members to be a member of the area committee except in Garda Headquarters where each division shall elect two of their members to be members of the area committee.", and

"(10) Each member of the Garda Síochána holding the rank of Superintendent who is assigned to the Office of the Garda Commissioner or the Office of a Deputy Commissioner shall, for the purpsoes of these Regulations, be deemed to be permanently assigned to B branch of Garda Headquarters.".

4. Regulation 5 of the First Schedule to the Principal Regulations is hereby amended by the substitution of the following paragraph for paragraph (1):

"(1) As soon as may be in the year 1998 and, thereafter, in each third year (not later than the month of April in such year) after a year in which elections are held under this paragraph the members permanently assigned to each area shall elect by postal ballot two members of the area committee to the National Executive Committee.".

5. The Second Schedule to the Principal Regulations is hereby amended by the substitution of the following regulation appearing under the heading "National Executive".

"4. (1) As soon as may be in the year 1998 and, thereafter, in each third year (not later than the month of April in such year) after a year in which elections are held under this paragraph each branch shall, subject to paragraph (2) of this Regulation, elect a member to the National Executive. The members so elected shall constitute the National Executive.

(2) The branch consisting of the members of the Association permanently assigned to Garda Headquarters shall elect 2 members to the National Executive.

(3) A member of the National Executive shall cease to hold office on his ceasing to be a member of the Association.

(4) Where a vacancy occurs on the National Executive the branch that elected the member whose place has become vacant may elect a substitute.".

GIVEN under my Official Seal, this 17 day of February, 1998

John O'Donoghue

Minister for Justice, Equality and Law Reform

The Government hereby approve of the foregoing Regulations

GIVEN under the Official Seal of the Government this 17 day of February, 1998

Bertie Ahern

Taoiseach

EXPLANATORY NOTE

These Regulations amend the Garda Siochana (Associations) (Superintendents and Chief Superintendents) Regulations, 1987 and the Garda Siochana (Associations) (Superintendents and Chief Superintendents) (Amendment) Regulations, 1994.