S.I. No. 620/2011 - Garda Síochána (Discipline) (Amendment) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th December, 2011.

I, ALAN SHATTER, Minister for Justice and Equality in exercise of the powers conferred on me by section 123 of the Garda Síochána Act 2005 (No. 20 of 2005) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), after consulting with the Garda Commissioner and with the approval of the Government, hereby make the following regulations:

1. These Regulations may be cited as the Garda Síochána (Discipline) (Amendment) Regulations 2011.

2. The Garda Síochána (Discipline) Regulations 2007 ( S.I. No. 214 of 2007 ) are amended by—

(a) substituting the following paragraph for paragraph (4) in Regulation 7:

“(4) Where the function of suspending a member is delegated by the Commissioner to a member of the rank of Chief Superintendent, the member of that rank may not suspend a member for a period exceeding 10 days, but the Commissioner may extend the suspension.”.

(b) substituting the following for Regulation 13:

“13.(1) Any proceedings in relation to a member under the Garda Síochána (Discipline) Regulations 1989 ( S.I. No. 94 of 1989 ) which were commenced but not concluded before the commencement of these regulations may be continued as if these regulations had not been made.

(2) Subject to paragraph (3), these regulations shall apply to any disciplinary proceedings initiated after the commencement of these regulations where the proceedings relate to a breach of discipline which is alleged to have occurred prior to the commencement of these regulations.

(3) Where, in any disciplinary proceedings referred to in paragraph (2), it is determined that there has been a breach of discipline by a member, any disciplinary sanction imposed on the member in respect of the breach shall not exceed the sanction that could have been imposed in respect of that breach at the time the breach occurred.”.

GIVEN under the Official Seal of the Government,

22 November 2011.

ENDA KENNY,

Taoiseach.

GIVEN under my Official Seal,

22 November 2011.

ALAN SHATTER,

Minister for Justice and Equality.