Local Government (Civil Defence Offices) Regulations, 1973.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: Short title.
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paragraphs: Definitions.
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paragraphs: Application of Regulations.
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paragraphs: Appointments to offices.
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paragraphs: Transfers.
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paragraphs: Arrangements with other local authorities or bodies.
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paragraphs: Tenure of office.
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paragraphs: Removal from office by the local authority.
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paragraphs: Manner of appeal by an officer to the Minister.
S.I. No. 213 of 1973.
LOCAL GOVERNMENT (CIVIL DEFENCE OFFICES) REGULATIONS, 1973.
I, PATRICK S. DONEGAN, Minister for Defence, in exercise of the powers conferred on me by sections 4, 19 (as amended by section 14 of the Local Government Act, 1955 (No. 9 of 1955) ), and 26 (as amended by section 41 of the Local Government Act, 1946 (No. 24 of 1946) ) of the Local Government Act, 1941 (No. 23 of 1941), and the Local Government Act, 1941 (Appropriate Minister for Civil Defence Offices) Order, 1963 ( S.I. No. 43 of 1963 ), hereby make the following regulations:
1 Short title.
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paragraphs: (1) These Regulations may be cited as the Local Government (Civil Defence Offices) Regulations, 1973.
(2) These Regulations shall come into operation on the 20th day of July, 1973.
2 Definitions.
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paragraphs: In these Regulations—
"the Act" means the Local Government Act, 1941 (No. 23 of 1941);
"the Act of 1926" means the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926);
"the Minister" means the Minister for Defence;
"local authority" has the same meaning as in Part II of the Act;
"the local authority" in relation to an office or an officer means the local authority under which the office is held, or in whose service the officer is;
"manager" means—
(i) in relation to the corporation of a county borough—the manager for the purposes of the Acts relating to the management of county boroughs, and
(ii) in relation to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1972—the manager for the purposes of those Acts;
"panel" means a list of persons selected in order of merit as to qualifications and suitability for appointment;
"competition" includes a joint competition held pursuant to Regulation 6 of these Regulations.
3 Application of Regulations.
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paragraphs: These Regulations shall apply to offices in relation to which the Minister for Defence is the appropriate Minister and to which the Act of 1926 does not apply.
4 Appointments to offices.
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paragraphs: Subject to Regulation 5 of these Regulations, the following provisions shall apply in relation to the making of appointments to offices:—
( a ) an advertisement indicating—
(i) that the appointment is to be made and that applications for appointment are invited from suitable candidates,
(ii) brief particulars of the duties qualifications and salary relating to the office,
(iii) the manner in which full particulars of the appointment can be obtained,
(iv) the date on or before which applications must be received, and
(v) such other particulars as the local authority may consider appropriate,
shall be published in at least one newspaper circulating in the functional area of the local authority;
( b ) every person who applies in accordance with the advertisement shall be furnished with particulars of the office and the qualifications declared by the Minister for the office, particulars of the procedure by means of which a candidate or candidates will be selected for appointment and such other particulars as the local authority may consider appropriate;
( c ) the person to be appointed shall be selected from among the persons who apply in accordance with the advertisement and the procedure referred to in paragraph (b) of this regulation;
( d ) selection of a candidate for appointment shall be by means of a competition based on an interview or a written examination conducted by or on behalf of the local authority or a combination of the results of such interview or written examination and the competition shall be held in compliance with any conditions laid down from time to time by the Minister;
( e ) where a local authority decides that it is expedient that a vacant office be filled by appointment from among the permanent officers of the local authority or of such local authority and another local authority having the same manager, the local authority may, with the sanction of the Minister and without compliance with paragraphs (a), (b) and (c) of this regulation—
(i) invite applications from such officers for appointment to the office, and
(ii) select a candidate for appointment from among such officers by means of a competition held in accordance with paragraph (d) of this regulation;
( f ) where a vacancy occurs in an office of a class, description or grade of office for which a panel has been prepared by the local authority on the basis of a competition held in accordance with paragraphs (d) or (e) of this regulation, the local authority may, subject to compliance with any conditions which may be laid down from time to time by the Minister, appoint the person who is next highest in order on such panel without further advertisement or further selection;
( g ) before making an appointment, the manager shall satisfy himself that the person to be appointed possesses all the qualifications for, and is otherwise suitable for, appointment to the office and shall certify that the person possesses all the qualifications for, and is otherwise suitable for, appointment to the office;
( h ) the person to be appointed shall be the best qualified and most suitable person as determined in accordance with paragraphs (d) or (e) of this regulation, in respect of whom a certificate is given by the manager under paragraph (g) of this regulation and who is available for appointment;
( i ) the local authority shall require a person to whom an appointment is offered to take up such appointment within a specified period and such person, if he fails to take up the appointment within the period specified, or such further period or periods as the local authority in its absolute discretion may determine, shall forfeit his claim to further consideration for the appointment.
5 Transfers.
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paragraphs: A local authority may, if it thinks fit, with the sanction of the Minister and without compliance with the requirements of Regulation 4 of these Regulations, appoint to a vacant office a person who holds an office of the class, description or grade of office to which the vacant office belongs and who is, at the time when the vacancy occurs, a permanent officer of another local authority or body with which the local authority has made an arrangement under Regulation 6 of these Regulations with the prior consent of such other local authority or body.
6 Arrangements with other local authorities or bodies.
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paragraphs: A local authority may, with the sanction of the Minister, make an arrangement with another local authority or body for the purposes of holding a joint competition and making appointments under Regulations 4 and 5 of these Regulations.
7 Tenure of office.
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paragraphs: (1) Subject to the provisions of any regulations made by the Minister under paragraph (i) of section 19 (1) of the Act and to any declaration made by the Minister under section 23 of the Act and to the provisions of paragraphs (2) and (3) of this regulation, every permanent officer shall hold office until he shall die, resign, or be removed from office.
(2) When a person, who is not already a permanent officer, is appointed to a permanent office the following provisions shall apply:—
( a ) there shall be a period after such appointment takes effect during which that person holds the office on probation;
( b ) such period shall be one year but the manager may, at his discretion, extend the period;
( c ) that person shall cease to hold the office at the end of his period of probation, unless the manager has certified that, during such period, the service of that person in the office has been satisfactory.
(3) The holder of an office in relation to which it is laid down by the Minister that he shall comply with a specified requirement or condition before the expiration of a specified period shall cease to hold office at the expiration of such period unless he has theretofore complied with such requirement or condition.
8 Removal from office by the local authority.
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paragraphs: (1) Subject to compliance with the provisions of paragraphs (3) and (4) of this regulation, a local authority may, with the consent of the Minister, remove from office the holder of an office.
(2) On the removal of a person from office under this regulation, a local authority may, with the consent of the Minister, appoint such person to another office to which the Act of 1926 does not apply or to another office to which the said Act does apply if such appointment can be made under section 5 (1) of that Act.
(3) Before applying to the Minister for his consent to the removal from office under this regulation of the holder of an office, the local authority shall give to such holder notice in writing stating—
( a ) its intention so to apply,
( b ) the reasons for such application,
( c ) that the Minister will consider any representations in relation to such removal such holder may send to the Minister before the expiration of seven days after the giving of the notice, and
( d ) where the local authority proposes to appoint such holder to a new office, particulars of such proposal.
(4) An application by a local authority to the Minister for his consent to the removal from office under this regulation of the holder of an office shall state the reasons for such application and, where the local authority proposes to appoint such holder to a new office, particulars of such proposal.
9 Manner of appeal by an officer to the Minister.
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paragraphs: An officer who wishes to appeal to the Minister under section 10 (2) of the Act against a decision of the local authority shall—
( a ) prepare a statement in writing setting out the decision of the local authority by which he is aggrieved and the grounds on which he is so aggrieved;
( b ) send the statement by registered post to the Minister together with a signed declaration that the facts contained in the said statement are true;
( c ) before sending the statement to the Minister, give or send by registered post written notice of the appeal to the local authority together with a copy of the statement.