Garda SÃ­ochÃ¡na (Admissions and Appointments) (Amendment) Regulations, 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Garda SÃ­ochÃ¡na (Admissions and Appointments) (Amendment) Regulations 2005.
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paragraphs: These Regulations come into operation on the 12th day of September, 2005.
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paragraphs: In these Regulations, “Principal Regulations” means the Garda SÃ­ochÃ¡na (Admissions and Appointments) Regulations 1988 ( S.I. No. 164 of 1988 ) as amended by S.I. No. 470 of 1997 , S.I. No. 164 of 2000 , S.I. No. 498 of 2001 and S.I. No. 749 of 2004 .
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paragraphs: Regulation 3 of the Principal Regulations is amended -
(a) by inserting the following definitions after the definition of “the Commissioner”:
“ ‘EEA Agreement’ has the same meaning as in the European Communities (Amendment) Act 1993 ;
‘EEA State’ means a state, other than a Member State, that is a contracting party to the EEA Agreement;”, and
(b) by inserting the following definition after the definition of “the Force”:
“ ‘Member State’ means a Member State of the European Communities;”.
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paragraphs: Regulation 5(1)(d) of the Principal Regulations is amended -
(a) in clause (i) by substituting for subclauses (I) to (III) the following subclauses:
“(I) in mathematics, a grade not lower than B3 at foundation level or not lower than D3 at a level other than foundation level,
(II) in two languages, at least one of which must be either Irish or English, a grade not lower, in the case of Irish than C3 at foundation level or D3 at a level other than foundation level and, in the case of any other language than D3 at ordinary level, and
(III) in not less than two other subjects, a grade not lower than D3 at ordinary level, or”,
(b) in clause (iii) by substituting “(including mathematics and two languages at least one of which must be either Irish or English)” for “(including Irish, Mathematics and English)”, and
(c) in clause (iv) by substituting “that includes mathematics and two languages (at least one of which must be either Irish or English)” for “that includes Irish, Mathematics and English”.
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paragraphs: Regulation 5(1) of the Principal Regulations is amended by inserting the following subparagraph after subparagraph (d):
“(dd) the person -
(i) is a national of a Member State, an EEA State or the Swiss Confederation,
(ii) is entitled under section 3, 18 or 24 of the Refugee Act 1996 to the rights and privileges specified in section 3 of that Act, or
(iii) has had a period of one year's continuous residence in the State immediately before the first day of the month in which such advertisement was first so published and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years;”.
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paragraphs: Regulation 5 of the Principal Regulations is amended by inserting the following paragraph after paragraph (1):
“(1A) A period of residence in the State shall not be counted for the purposes of determining whether a person meets the five year residency requirement of subparagraph (dd)(iii) if -
(a) it is in contravention of section 5(1) of the Immigration Act 2004 , or
(b) it consists of a period during which the person was entitled to remain in the State in accordance only with section 9(2) of the Refugee Act 1996, whether that period occurred before or after the amendment of that section by section 7(c)(i) of the Immigration Act 2003 .”.
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paragraphs: Regulation 14(a) of the Principal Regulations is amended by inserting “aptitudes knowledge, skills or” after “a person has special”.