Prosecution of Offences Act, 1974
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Power of Taoiseach to make certain temporary and other appointments. |
9.—(1) (a) In the event of the office of Director being vacant, the Taoiseach may appoint a person to be Director until such time as an appointment is made under section 2 of this Act. | |
(b) A person appointed under this subsection shall hold office upon such terms and conditions as may be determined by the Taoiseach after consultation with the Minister for the Public Service. | ||
(2) (a) In the event of the incapacity through illness of the Director, the Taoiseach may appoint a person who shall be known as the Acting Director of Public Prosecutions and who is referred to in this Act as the Acting Director and the Acting Director shall perform all the functions conferred on the Director by this Act. | ||
(b) No Acting Director shall be appointed to hold office for a term in excess of 12 months. | ||
(c) The Acting Director shall hold office upon such terms and conditions as may be determined by the Taoiseach after consultation with the Minister for the Public Service. | ||
(3) Notice of an appointment or termination of an appointment under this section shall be published in Iris Oifigiúil. | ||
(4) (a) A person shall not be appointed under this section to be Director or Acting Director unless at the date of his appointment he is a practising barrister or a practising solicitor and has practised as a barrister or as a solicitor for at least seven years. | ||
(b) For the purposes of this subsection, service for any period in a position in the Civil Service for appointment to which practice as a barrister or as a solicitor was a necessary qualification shall be deemed to be practice as a barrister or as a solicitor, as the case may be, for that period and a person, while holding such a position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be. | ||
(5) (a) The Taoiseach may terminate an appointment under this section at any time. | ||
(b) The Taoiseach shall terminate an appointment under subsection (2) of this section upon being satisfied that the incapacity of the Director has ceased. | ||
(6) (a) The functions capable of being performed by the Director immediately before the appointment of a person to be Acting Director in or in relation to any criminal matters, or to election petitions or referendum petitions, to which the Director is a party and which have not then been concluded shall, upon such appointment, be performed by the Acting Director and references to the Director in those proceedings shall be construed as references to the Acting Director and any act or thing done or step taken by or on behalf of the Director in or in relation to those proceedings shall be deemed to have been done or taken by or on behalf of the Acting Director. | ||
(b) The functions capable of being performed by the Acting Director immediately before he ceases to hold office in or in relation to any criminal matters, or to election petitions or referendum petitions, to which the Acting Director is a party and which have not then been concluded shall, upon such cesser, be performed by the Director and references to the Acting Director in those proceedings shall be construed as references to the Director and any act or thing done or step taken by the Acting Director in or in relation to those proceedings shall be deemed to have been done or taken by or on behalf of the Director. |