S.I. No. 173/1945 - Gárda Síochána (Appointments) Regulations, 1945.

I, GERALD BOLAND, Minister for Justice, with the approval of the Government and in exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 , (No. 7 of 1925), and of every and any other power me in this behalf enabling, hereby make the following regulations :—

1 Short title

1. These Regulations may be cited as the Gárda Síochána (Appointments) Regulations, 1945.

2 Interpretation

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3 Definitions

3. In these Regulations—

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

the expression " the Force " means the Gárda Síochána,

the expression " the Volunteers (2nd Line) " means the Reserve—Volunteer Force—2nd Line set up under the Regulations (D.F.R. 70/1940) made by the Minister for Defence on the 31st day of August, 1940, under the Defence Forces (Temporary Provisions) Acts, 1923 to 1940,

the expression " air-raid precautions service " means an air-raid precautions service established under a scheme approved of under section 13 or section 38 of the Air-raid Precautions Act, 1939 (No. 21 of 1939),

the expression " Red Cross (Voluntary Aid) Division " means a Voluntary Aid Division of the Irish Red Cross Society,

the expression " Red Cross (First Aid) Division " means a First Aid Division of the Irish Red Cross Society.

4 Qualifications for appointment

4. (1) Subject to the subsequent provisions of these Regulations, the Commissioner shall not appoint and enrol a person as a member of the Force unless—

(a) the Commissioner is satisfied that such person is unmarried and is of good character, and

(b) such person is certified by the Surgeon of the Force—

(i) to be not less than 5 feet 9 inches in height, and

(ii) to have a mean chest measurement of at least 37 inches in case he is 5 feet 11 inches or over in height or of at least 36 inches if he is less than 5 feet 11 inches in height, and

(iii) to be in good health, of sound constitution and fitted physically and mentally to perform the duties of a member of the Force, and

(c) such person is certified by the Civil Service Commissioners to have passed a qualifying educational examination in such subjects and of such standard as the Civil Service Commissioners, after consultation with the Commissioner, shall determine,

(d) the Commissioner is satisfied that such person has or will have, on the 1st day of July in the year in which the qualifying educational examination is held, attained the age of 19 years but not attained the age of 23 years, and

(e) the Commissioner is satisfied that such person was, on the 31st day of December, 1944, a member of one or more of the following services:—

(i) the Defence Forces.

(ii) the Local Defence Force,

(iii) The Local Security Force,

(iv) The Volunteers (2nd Line),

(v) An air-raid precautions service,

(vi) a Red Cross (Voluntary Aid) Division,

(vii) A Red Cross (First Aid) Division,

and that the period, or aggregate of the periods, during which prior to the 1st day of January, 1945, he served as a member of one or more of the said services was at least one year.

(2) Where a certificate in relation to any person is given for the purposes of subparagraph (b) or subparagraph (c) of paragraph (1) of this Article, the Commissioner shall not appoint and enrol him as a member of the Force by virtue of such certificate after the expiration of a period of eighteen months from the date of such certificate.

(3) In determining the age of a person for the purposes of sub-paragraph (d) of paragraph (1) of this Article, such person shall be entitled to have deducted from his actual age—

(a) where such person is certified by the Adjutant General to have served satisfactorily as a member of the Defence Forces during any period or periods beginning on or after the 3rd day of September, 1939—any period not exceeding—

(i) in case the period, or aggregate of the periods, of service does not exceed six years—the period, or aggregate of the periods, of service, or

(ii) in any other case—six years, and

(b) where the Commissioner is satisfied that such person has served as a member of one or more of the following services :—

(i) the Local Defence Force,

(ii) the Local Security Force,

(iii) the Volunteers (2nd Line),

(iv) an air-raid precautions service,

(v) a Red Cross (Voluntary Aid) Division,

(vi) a Red Cross (First Aid) Division,

during any period or periods—any period not exceeding—

(I) in case the period, or aggregate of the periods, of service does not exceed six years—one-third of the period, or aggregate of the periods, of service, or

(II) in any other case—two years.

5 Appointment on authority of Government

5. The Government, if they think it is proper in the public interest so to do, may authorise the Commissioner to appoint and enrol a specified person as a member of the Force without regard to the requirements of Article 4 of these Regulations and, upon the Commissioner being so authorised, he may forthwith appoint and enrol such person as a member of the Force without regard to the said requirements.

6 Appointment of former member

6. The Commissioner may, with the consent of the Minister for Justice, appoint and enrol any person as a member of the Force without regard to the requirements of Article 4 of these Regulations provided that such person has at any previous time served as a member of the Force.

7 Appointment of person having special technical qualifications

7. Where the Commissioner is satisfied—

(a) that a person has such special technical qualifications as justify his appointment and enrolment under this Article as a member of the Force, and

(b) that such person is of good character, in good health and of sound constitution and is fitted physically and mentally to perform the duties to which he will be assigned in the Force,

the Commissioner may, with the consent of the Minister for Justice, appoint and enrol such person as a member of the Force without regard to the requirements of Article 4 of these Regulations.

8 Probation

8. On first appointment by the Commissioner as a member of the Force, such member shall be appointed to the rank of guard and shall be on probation for a period of one year and for such further period (if any) not exceeding six months as the Commissioner may direct in the case of such member.

9 Dispensing with services of member during probation

9. The Commissioner may at any time dispense with the services of any member of the Force who is on probation if the Commissioner considers that such member is not fitted, physically or mentally, to perform his duties as such member or is not likely to become an efficient and well-conducted guard.

10 ..

10. The Regulations mentioned in the Schedule to this Order are hereby revoked.

SCHEDULE.

REGULATIONS REVOKED.

GIVEN under my Official Seal, this 20th day of June, 1945.

(Signed) GERALD BOLAND,

Minister for Justice.