S.I. No. 127/2012 - Garda Síochána Act 2005 (Police Service of Northern Ireland Appointments) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th April, 2012.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 122 (1)(d) and 125 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 consultation with the Commissioner of the Garda Síochána and with the approval of the Government, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Garda Síochána Act 2005 (Police Service of Northern Ireland Appointments) Regulations 2012.

Commencement

2. These Regulations come into operation on 13th March 2012.

Definition

3. In these regulations—

“competition” means a competition held in accordance with the Garda Síochána (Promotion) Regulations 2006 ( S.I. No. 485 of 2006 ),

“promotion board” has the same meaning as it has in the Garda Síochána (Promotion) Regulations 2006,

“PSNI” means the Police Service of Northern Ireland.

Specified ranks

4. (1) The ranks specified in column 1 of the table to this regulation are specified as ranks that members of the PSNI must hold to be eligible for appointment by the Government under section 52 of the Garda Síochána Act 2005 (No. 20 of 2005) to ranks in the Garda Síochána prescribed under the Garda Síochána Act 2005 (Section 52) Regulations 2012 ( S.I. No. 128 of 2012 ) and specified in column 2 of that table at the same reference number.

(2) For a member of the PSNI, other than a member who holds the rank of chief inspector, to be eligible for appointment to a rank specified in column 2 of the table it is necessary for that member to have held the rank specified in column 1 of the table at the same reference number for not less than the previous 2 years.

Table

Eligibility for competition

5. (1) A member of the PSNI who is eligible under Regulation 4 for appointment to a rank in the Garda Síochána is eligible to be a candidate in a competition for promotion to that rank.

(2) No appointment of a member of the PSNI to a rank in the Garda Síochána shall be made other than in accordance with the selection of the promotion board concerned in a competition referred to in paragraph (1).

Notification of Chief Constable of vacancy

6. (1) The Garda Commissioner shall notify the Chief Constable of the intention to hold a competition for promotion to a rank specified in column 2 of the Table to Regulation 4.

(2) The Garda Commissioner shall do so in sufficient time to enable the Chief Constable to afford members of the PSNI an opportunity to enter a competition for promotion for which they are eligible.

(3) The Garda Commissioner shall provide the Chief Constable with a description of the role and a statement of the competencies required for carrying out the duties of the rank referred to in paragraph (1).

Application of Regulation 18 of the Garda Síochána (Promotion) Regulations 2006

7. Regulation 18 of the Garda Síochána (Promotion) Regulations 2006 applies to a member of the PSNI who enters a competition for promotion to a rank specified in column 2 of the Table to Regulation 4 as though that member of the PSNI was a member of the Garda Síochána.

The Government hereby approve of the making of the foregoing Regulations.

GIVEN under the Official Seal of the Government,

13 March 2012.

ENDA KENNY,

Taoiseach.

GIVEN under my Official Seal,

13 March 2012.

ALAN SHATTER,

Minister for Justice and Equality.