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Suspension by Chairman of Seanad Eireann of member of the joint staff of the Houses of the Oireachtas.
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21.—(1) In this section—
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“the appropriate authority” means the Chairman of Dáil Éireann;
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“the Chairman” means the Chairman of Seanad Éireann;
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“civil servant to whom this section applies” means a member of the joint staff of the Houses of the Oireachtas;
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“suspend” means, in relation to a civil servant to whom this section applies, suspend from duty under subsection (2) of this section, and cognate words shall be construed accordingly.
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(2) The Chairman may suspend from duty a civil servant to whom this section applies, who, while employed on duties directly related to the business of Seanad Éireann, is guilty of grave misconduct warranting disciplinary action.
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(3) The Chairman may terminate the suspension of a civil servant to whom this section applies who is suspended under subsection (2) of this section.
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(4) Where the Chairman terminates, under subsection (3) of this section, the suspension of a civil servant to whom this section applies and restores him to duty—
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(a) the appropriate authority, if satisfied that considerations of equity so require, shall direct that ordinary remuneration, in whole or in part, as the appropriate authority may direct, shall be paid to that civil servant in respect of the period of suspension,
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(b) before the appropriate authority decides not to give a direction under paragraph (a) of this subsection or decides to give a direction under that paragraph for payment of part only of ordinary remuneration, the civil servant shall be given an opportunity of making to the appropriate authority any representations he may wish to offer.
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(5) Where the suspension of a civil servant to whom this section applies is terminated by his dismissal from office, the appropriate authority, if considerations of equity so require, shall direct that ordinary remuneration in whole or in part, as the appropriate authority may direct, be paid to him in respect of the period of suspension.
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(6) (a) Save in accordance with subsections (4) or (5) of this section, a civil servant to whom this section applies who is suspended shall not be paid remuneration in respect of the period of suspension.
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(b) Where a civil servant to whom this section applies is suspended and satisfies the appropriate authority that, by reason of the prolongation of the investigation of his case, undue hardship is being caused, nothing in paragraph (a) of this subsection shall prevent the appropriate authority from authorising, for the mitigation of hardship, payment of such portion, as the appropriate authority thinks fit, of the remuneration which would, but for his suspension, have been payable to that civil servant.
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(7) The preceding provisions of this section shall not be construed as affecting the operation of sections 13 and 14 of the Regulation Act.
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