S.I. No. 203/1960 - Garda Síochána (Promotion) Regulations, 1960.

I, OSCAR TRAYNOR, Minister for Justice, with the approval of the Government, in exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and subsection (3) of section 1 of the Garda Síochána Act, 1958 (No. 14 of 1958), hereby make the following regulations:

1. These Regulations may be cited as the Garda Síochána (Promotion) Regulations, 1960.

2. In these Regulations—

"the Irish Proficiency Test" means the oral examination in Irish known by that name which is conducted by the Civil Service Commissioners;

"the Regulations of 1925" means the Garda Síochána (Promotion) Regulations, 1925, as amended by subsequent regulations.

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

4. The Regulations specified in the Schedule hereto are hereby revoked.

5. (1) Subject as hereinafter provided, a Guard shall not be eligible for promotion to the rank of Sergeant unless—

(a) he has passed or is exempted under these Regulations from passing an examination in educational subjects and an examination in police duties, which examinations are in these Regulations referred to as the Class III Promotion Examinations, and

(b) if he joined the Garda Síochána after the 1st day of January, 1943, and is selected for promotion after the 1st day of June, 1960—he has passed the Irish Proficiency Test.

(2) A proportion of vacancies in the rank of Sergeant, not exceeding twenty-five per cent., may be filled by the promotion of Guards who have shown special zeal and ability in the performance of their duties, notwithstanding that they may not have passed the Class III Promotion Examinations or the Irish Proficiency Test.

(3) Until the 1st day of April, 1963, a woman Guard may be promoted to the rank of Sergeant without having passed the Class III Promotion Examinations or the Irish Proficiency Test.

6. The Class III Promotion Examinations shall be conducted by means of written papers or oral examinations or by means of both written papers and oral examinations upon the following subjects:—

7. Promotion to the rank of Sergeant shall be by selection of eligible Guards, but a proportion of the vacancies may be reserved for competitive examinations confined to selected Guards who are eligible for promotion.

8. (1) A sergeant shall not be eligible for promotion to the rank of Station Sergeant unless—

(a) he has passed or is exempted under these Regulations from passing the Class I Examination in educational subjects and the Class I Examination in police duties, and

(b) if he joined the Garda Síochána after the 1st day of January, 1943—he has passed the Irish Proficiency Test.

(2) A sergeant who before the 1st day of January, 1952, passed the former Class II Examination in educational subjects shall for the purposes of this Regulation be deemed to have passed the Class I Examination in educational subjects.

9. (1) All vacancies in the rank of Station Sergeant shall be filled by promotion of eligible Sergeants.

(2) Promotion to the rank of Station Sergeant shall be by selection of eligible Sergeants but a proportion of vacancies may be reserved for competitive examination confined to selected Sergeants eligible for promotion.

10. (1) A Sergeant or Station Sergeant shall not be eligible for promotion to the rank of Inspector unless—

(a) he has passed or is exempted under these Regulations from passing an examination in educational subjects and an examination in police duties, which examinations are referred to in these Regulations as the Class I Promotion Examinations, and

(b) if he joined the Garda Síochána after the 1st day of January, 1943, and is selected for promotion after the 1st day of June, 1960—he has passed the Irish Proficiency Test.

(2) Notwithstanding paragraph (1) of this Regulation, where the Commissioner is satisfied that a Sergeant, who has not passed and is not exempted under these Regulations from passing the Class I Promotion Examinations or the Irish Proficiency Test, has given consistently meritorious service in the Detective Branch and has shown special zeal and ability in the performance of his duties, the Commissioner may, with the approval of the Minister for Justice, promote him to the rank of Inspector, but, before so promoting him, the Commissioner shall appoint a board of members of the Garda Síochána, not below the rank of Chief Superintendent, to inquire into the record of his service and efficiency and to interview him as to his general suitability, and shall consider the report of such board on such inquiry and interview.

11. The Class I Promotion Examinations shall be conducted by means of written papers or oral examinations or by means of both written papers and oral examinations upon the following subjects—

12. Promotion to the rank of Inspector shall be by selection of eligible Sergeants or Station Sergeants but a proportion of vacancies may be reserved for competitive examination confined to selected Sergeants or Station Sergeants who are eligible for promotion.

13. (1) A member of the Garda Síochána who—

(a) has passed any one of the following examinations—

(i) the Intermediate Certificate or Leaving Certificate examination of the Department of Education,

(ii) the Matriculation examination of an Irish University,

(iii) any other examination authorised as an exempting examination for the purposes of this Regulation by the Minister for Justice, and

(b) has passed such examination in Irish, English and Arithmetic,

shall be exempted from passing the Promotion Examinations in educational subjects under these Regulations.

(2) A member of the Garda Síochána who before the commencement of these Regulations could have been granted the exemption specified in Regulation 13 of the Regulations of 1925 shall be exempted from passing the Promotion Examinations in educational subjects under these Regulations.

14. (1) For the proper conduct of all examinations held under these Regulations (other than examinations conducted by the Civil Service Commissioners) the Commissioner shall establish such and so many Examination Boards as he thinks fit.

(2) Each Examination Board shall consist of not less than three officers of the Garda Síochána, not below the rank of Superintendent, who shall be appointed by, and removable from such Board by, the Commissioner.

(3) The detailed syllabus for each examination to be held by a Board established under this Regulation shall be prescribed by the Commissioner with the approval of the Minister.

15. A member of the Garda Síochána (other than an officer) who has been promoted may, at his own request, be reduced by the Commissioner to his former rank.

16. The standard of the Educational Promotion Examinations shall be determined by the Civil Service Commissioners after consultation with the Commissioner.

17. The standard of the Irish Proficiency Test under these Regulations shall be determined by the Civil Service Commissioners after consultation with the Commissioner.

18. (1) The standards fixed for the Educational Promotion Examinations under the Regulations of 1925 shall continue to have effect until altered under Regulation 16 of these Regulations.

(2) The syllabuses for the Police Duties Promotion examinations prescribed under Regulation 18 of the Regulations of 1925 shall continue to have effect until altered under Regulation 14 of these Regulations.

SCHEDULE.

REGULATIONS REVOKED.

1. Garda Síochána (Promotion) Regulations, 1925.

2. Garda Síochána (Promotion) Regulations, 1929.

3. Garda Síochána (Promotion) Regulations, 1943.

(S.R. & O., No. 303 of 1943.)

4. Garda Síochána (Promotion) Regulations, 1951. (S.I. No. 325 of 1951.)

5. Garda Síochána (Promotion) Regulations, 1952. (S.I. No. 32 of 1952.)

6. Garda Síochána (Promotion) Regulations, 1955. (S.I. No. 141 of 1955).

7. Garda Síochána (Promotion) (No. 2) Regulations, 1955. (S.I. No. 185 of 1955.)

8. Garda Síochána (Promotion) Regulations, 1957. (S.I. No. 276 of 1957.)

GIVEN under my Official Seal, this 27th day of September, 1960.

OSCAR TRAYNOR,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 27th day of September, 1960.

SEÁN MacENTEE,

Tánaiste.

EXPLANATORY NOTE.

These Regulations consolidate, with a number of amendments, the regulations governing promotion to the ranks of Sergeant, Station Sergeant and Inspector in the Garda Síochána.