Garda SÃ­ochÃ¡na (Promotion) Regulations, 1987.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Garda SÃ­ochÃ¡na (Promotion) Regulations, 1987.
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paragraphs: These Regulations shall come into operation on the 12th day of February, 1987.
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paragraphs: (a) In these Regulations, except where the context otherwise requires—
"the Council" means the Promotion Advisory Council established by Regulation 4 of these Regulations;
"interview board" means an interview board appointed under Regulation 5 of these Regulations;
"member" means a member of the Garda SÃ­ochÃ¡na;
"Minister" means the Minister for Justice;
"promotion" insofar as it relates to the filling by a member of a position as a superintendent, chief superintendent or assistant commissioner, means recommendation for appointment to that position by the Government.
"the Regulations of 1960" means the Garda SÃ­ochÃ¡na (Promotion) Regulations, 1960 ( S.I. No. 203 of 1960 ), as amended.
(b) References in these Regulations to any particular rank are to that rank in the Garda SÃ­ochÃ¡na.
(c) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.
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paragraphs: (1) There shall be a council which shall be known as the Promotion Advisory Council and is referred to in these Regulations as "the Council".
(2) Subject to the provisions of these Regulations, the Council shall—
(a) keep under review and advise the Commissioner in relation to promotions and competitions for promotions and the system of and procedures for promotions, and
(b) oversee and regulate (on behalf of and subject to the overall control of the Commissioner) competitions for promotion,
and shall, in performing its functions, take note of relevant recommendations of the Garda Conciliation Council; nothing in this paragraph shall affect the responsibility of the Commissioner for the general direction and control of the Garda SÃ­ochÃ¡na.
(3) (a) The Council shall consist of a chairman and nine ordinary members.
(b) The chairman of the Council shall be a member of the Garda SÃ­ochÃ¡na not below the rank of assistant commissioner and shall be appointed by the Commissioner.
(c) The ordinary members of the Council shall be appointed by the Commissioner and shall consist of—
(i) two chief superintendents of whom at least one shall be a chief superintendent whose duties are or have been particularly concerned with the training of members,
(ii) a member nominated for appointment to the Council by the Garda Representative Association,
(iii) a member nominated for appointment to the Council by the Association of Garda Sergeants and Inspectors,
(iv) a member nominated for appointment to the Council by the Representative Body for Garda Superintendents.
(v) a member nominated for appointment to the Council by the Representative Body for Garda Chief Superintendents, and
(vi) three persons nominated for appointment to the Council by the Minister of whom one shall be a person having experience as a teacher or administrator in an institution for third level education and another shall be a person having knowledge of, and experience in, personnel management in an organisation other than the Garda SÃ­ochÃ¡na or the Civil Service (within the meaning of the Civil Service commissioners Act, 1956 (No. 45 of 1956)),
(d) The term of office of a member of the Council shall be three years and a member of the Council shall be eligible for re-appointment as such member.
(e) (i) A member of the Council may at any time resign his office as such member by letter sent to the Commissioner and the resignation shall take effect on and from the date of the receipt of the letter.
(ii) The person by whom a member of the Council was nominated for appointment to the council may at any time revoke the nomination by letter sent to the Commissioner and, where a letter revoking a nomination under this subparagraph is sent to the Commissioner, the Commissioner shall cause the member of the Council concerned to be informed as soon as may be of the revocation and the member of the Council shall be deemed to have resigned his office as such member one week after the date of the receipt of the letter aforesaid by the Commissioner.
(f) Where a casual vacancy occurs among the members of the Council, the Commissioner shall, as soon as may be, appoint a person to fill the vacancy and the appointment shall be subject to the provision of this Regulation that applied to the appointment of the member of the Council occasioning the vacancy and the person appointed to fill the vacancy shall hold office for the remainder of the term for which his predecessor was appointed.
(4) (a) The quorum for a meeting of the Council shall be five or such other number (not being less than five) as may be determined from time to time by the Council.
(b) The Council may act notwithstanding one or more than one vacancy among its members.
(c) Subject to the provisions of these Regulations, the Council shall determine, by standing orders or otherwise, the procedure and business of the Council.
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paragraphs: (1) Subject to the provisions of these Regulations, the selection of members for promotion to a rank in the Garda SÃ­ochÃ¡na not above that of chief superintendent shall be made by means of a competition held by an interview board which shall include an interview with each candidate in the competition.
(2) An interview board shall be appointed by the Commissioner after consultation with the Council.
(3) (a) All members eligible under these Regulations to be candidates in a competition for promotion conducted by an interview board shall be permitted to be candidates.
(b) A candidate who receives less than 30 per cent of the total marks obtainable in a competition conducted by an interview board for promotion to a particular rank shall not be eligible for a competition for promotion held within two years of the date on which his interview with the interview board was held.
(c) For the purposes of this paragraph, a competition shall be deemed to be held on the latest date on which candidates may enter for the competition.
(4) The intention to hold a competition for promotion shall be made known throughout the Garda SÃ­ochÃ¡na in such manner as to enable all members eligible for the competition to be given a reasonable opportunity to become aware of, and to enter for, the competition.
(5) Subject to paragraph (6) of this Regulation, an interview board shall consist of—
(a) in case it is for a competition to select a member for promotion to the rank of sergeant—
(i) a chief superintendent,
(ii) a superintendent, and
(iii) a person having knowledge of, and experience in, personnel management in an organisation other than the Garda SÃ­ochÃ¡na,
(b) in case it is for a competition to select a member for promotion to the rank of inspector—
(i) an assistant commissioner,
(ii) a chief superintendent, and
(iii) a person having knowledge of, and experience in, personnel management in an organisation other than the Garda SÃ­ochÃ¡na,
(c) in case it is for a competition to select a member for promotion to the rank of superintendent—
(i) two persons, one being either the Commissioner or a deputy commissioner, and the other being either a deputy commissioner or an assistant commissioner, and
(ii) a person having knowledge of, and experience in, the selection of persons for appointment to senior management positions in an organisation other than the Garda SÃ­ochÃ¡na,
(d) in case it is for a competition to select a member for promotion to the rank of chief superintendent—
(i) the Commissioner,
(ii) a deputy commissioner, and
(iii) a person having knowledge of, and experience in, the selection of persons for appointment to senior management positions in an organisation other than the Garda SÃ­ochÃ¡na.