S.I. No. 146/1934 - Gárda Síochána (Retirement) Regulations, 1934.

WHEREAS it is enacted by paragraph (b) of sub-section (1) of Section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), that the Minister for Justice may from time to time, subject to the approval of the Executive Council, make regulations in relation to the promotion, retirement, degradation, dismissal and punishment of members of the Gárda Síochána:

NOW, THEREFORE, the Minister for Justice in exercise of the powers conferred on him by paragraph (b) of sub-section (1) of Section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and of every and any other power him in that behalf enabling doth hereby, with the approval of the Executive Council, make the following regulations, that is to say:—

PART I PRELIMINARY AND GENERAL.

1. These regulations may be cited for all purposes as the Gárda Síochána (Retirement) Regulations, 1934.

2. These regulations shall come into operation on the 1st day of July, 1934

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. In these regulations—

the expression "the Minister" means the Minister for Justice,

the expression "the Commissioner" means the Commissioner of the Gárda Síochána.

PART II COMPULSORY RETIREMENT OF MEMBERS OF THE GÁRDA SÍOCHÁNA ON GROUND OF AGE.

5.—(1) Subject to the provisions of this paragraph, every member of the Gárda Síochána shall retire from the Gárda Síochána on attaining the age which is applicable to the rank in the Gárda Síochána for the time being held by such member, that is to say:—

(a) in the case of a member holding any rank higher than chief superintendent—on attaining the age of sixty-five years, and

(b) in the case of a member holding the rank of chief superintendent or of superintendent—on attaining the age of sixty years, and

(c) in the case of a member of the Gárda Síochána below the rank of superintendent—on attaining the age of fifty-seven years.

(2) Notwithstanding the foregoing provisions of this paragraph the Commissioner may, with the consent of the Minister, extend, where it appears to be in the interests of the efficiency of the Gárda Síochána so to do, the age at which any member of the Gárda Síochána would retire under the said foregoing provisions by such period not exceeding five years as the Commissioner shall determine.

PART III COMPULSORY RETIREMENT OF MEMBERS OF THE GÁRDA SÍOCHÁNA ON GROUND OF MENTAL OR PHYSICAL INCAPACITY.

6. Whenever the surgeon of the Gárda Síochána certifies in writing that any member of the Gárda Síochána is so incapacitated by infirmity of mind or body that such member is unable to perform his duties as such member and that such incapacity is or is likely to be permanent, the following provisions shall have effect, that is to say:—

(a) where such certificate relates to a member of the Gárda Síochána who is an officer, the Executive Council may order the retirement of such member, and

(b) where such certificate relates to a member of the Gárda Síochána who is not an officer, the Commissioner may order the retirement of such member.

Given under the Official Seal of the Minister for

Justice, this 7th day of June, 1934.

(Signed) P. J. RUTTLEDGE,

Minister for Justice.