28/10/1924:

[Extract from Iris Ofigiúil November 21, 1924.]

REGULATION No. 2, MADE BY THE CIVIL SERVICE COMMISSIONERS, WITH THE CONSENT OF THE MINISTER FOR FINANCE, UNDER SECTION 5 of THE CIVIL SERVICE REGULATION ACT, 1924 .

1. This Regulation shall apply only to persons who are proposed for appointment to permanent situations in the Civil Service of the Government of Saorstát Eireann, to which the Civil Service Regulation Act, 1924 , hereinafter referred to as the " Act," applies, and who

(a) at any time subsequent to the 1st day of July, 1922, and prior to the 1st day of October, 1923, were serving in the National Forces or the Defence Forces of Saorstát Eireann, and/or

(b) have rendered military service in Oglaigh na hEireann or in the Irish Volunteers or in the Irish Citizen Army or in Fianna Eireann or in the Hibernian Rifles during the week commencing the 23rd April, 1916, or throughout the period 1st April, 1920, to 11th July, 1921,

and whose health has been impaired by reason of such service.

2. Subject to the conditions as to age, character, and knowledge and ability, prescribed by Section 3 of the "Act " being satisfied, the Civil Service Commissioners may issue Certificates of Qualification in favour of persons to whom this Regulation applies if the Commissioners are satisfied that they are at the moment fit to discharge the duties of the situation or employment to which they are proposed for appointment, and that they are likely to render effective service for 15 years, or, in the case of persons already serving in unestablished positions which lead in the normal course to establishment, for 10 years.

The Certificate issued under this Clause shall be known as a " Modified (Military Service) Certificate," but shall, subject to the provisions of any Regulation as to sick leave made or to be made by the Minister for Finance under Section 9 of the " Act," for all purposes have the same force and effect as a certificate issued under Section 3 of the " Act."

3. Where the Civil Service Commissioners are unable to decide whether a person is or is not likely to render effective service for 15 or 10 years, as the case may be, they may, if they think fit, issue in such person's favour a " Special (Military Service) Recommendation," under which he may be employed for such period to be specified in the recommendation as the Commissioners may, subject to any regulations made by them, think fit, but the issue of such a recommendation will not entitle a person to be regarded as a " Civil Servant " within the meaning of Section 12 of the Superannuation Act, 1887.

At the end of the period fixed by the recommendation, the Commissioners will reconsider the case, and, if they are satisfied that the conditions enabling them to grant a Modified (Military Service) Certificate are fulfilled, they shall grant such a Certificate, and if not so satisfied, they may either extend the period of the Special (Military Service) Recommendation or terminate it, in which case the officer will cease to be employed in an office to which the " Act " applies.

In determining whether a Modified (Military Service) Certificate can be granted in favour of an officer in whose favour a Special (Military Service) Recommendation has been issued, the periods of 15 and 10 years' effective service respectively mentioned in Clause 2 of this Regulation shall be reckoned as from the beginning of service under the Special (Military Service) Recommendation.

4. Clauses 2 and 3 of this Order shall not apply to any person whose health has been impaired by reason of military service as defined in this Regulation, and who, being already in possession of a Civil Service Certificate in respect of a pensionable office, is appointed to an office not in the ordinary course of promotion in the same Department. In such a case, the Civil Service Commissioners made issue a certificate (which shall be required as heretofore), notwithstanding that the condition as to freedom from physical defect or disease specified in Section 3 of the " Act " is not satisfied, if the officer is certified by the Head of his Department to be fit for the duties of his existing office.

Provided that, if the office to which he is to be appointed is one which appears to the Head of the Department concerned and to the Commissioners to be such as to require special physical qualifications, the officer must satisfy the Commissioners that he possesses those qualifications.

5. In this Regulation :

the expression " military service " means active service in any rank whether as an officer, non-commissioned officer, private or volunteer in any of the following forces, that is to say : " Oglaigh na hEireann," or the military body known as the " Irish Volunteers," or the military body known as the " Irish Citizen Army," or the body known as " Fianna Eireann," or the body known as the " Hibernian Rifles," or the " National Forces," or the " Defence Forces of Saorstát Eireann," or any branch of any of those forces. For the purposes of this Regulation, service as a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann or the Intelligence Branch of any of the said military forces or bodies, or in the Intelligence Service carried on under the authority of the First Dáil Eireann or of the Second Dáil Eireann, shall be deemed to be military service in Oglaigh na hEireann or in the Irish Volunteers, as the case may be;

the expression " National Forces " means and includes all armed forces maintained by the Provisional Government or the Government of Saorstát Eireann;

the expression " Defence Forces of Saorstát Eireann " means the Forces established pursuant to Part I of the Defence Forces (Temporary Provisions) Act, 1923 .

(Signed) MÍCHEÁL Ó hAODHA,

SEÓSAMH Ó NÉILL,

H. P. BOLAND,

Civil Service Commissioners.

28th October, 1924.

I consent.

(Signed) EARNÁN DE BLAGHD,

Minister for Finance.

14th November, 1924. [2034]