Public Service Management (Recruitment and Appointments) Act 2004

69 Pages·2004·0.48 MB·English

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Number 33 of 2004
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PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND
APPOINTMENTS) ACT 2004
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ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title.
2. Interpretation.
3. Establishment day order.
4. Dissolution of Civil Service Commissioners and Local
Appointments Commissioners.
5. Application.
6. Extension of application by order.
7. Excluded positions generally.
8. Excluded unestablished positions.
9. Expenses.
10. Fees.
PART 2
Commission For Public Service Appointments
Chapter 1
The Commission
11. Establishment of Commission.
12. Number of commissioners.
[No. 33.] Public Service Management [2004.]
(Recruitment and Appointments)
Act 2004.
Section
13. Functions of Commission.
14. Duty to inform Commission of certain matters.
15. Investigations on behalf of Commission.
16. Report to Government.
17. Report to Minister.
18. Statement of strategy of Commission.
19. Annual report of Commission.
20. Seal of Commission, etc.
21. Declaration of interests by commissioners.
22. Disclosure of interests by commissioners.
Chapter 2
Codes of practice, listed recruitment agencies, etc.
23. Codes of practice.
24. Codes of practice and requirements for appointment, etc.
25. Listed recruitment agencies.
26. Tax clearance certificates.
Chapter 3
Office of the Commission
27. Office of the Commission.
28. Director.
29. Director to be accounting officer.
30. Functions of Director.
31. Attendance of Director before Oireachtas Committee.
32. Staff of Office of Commission.
PART 3
Public Appointments Service
33. Establishment of Public Appointments Service.
34. Functions of Public Appointments Service.
35. Statement of strategy of Public Appointments Service.
36. Board of Public Appointments Service.
37. Appointment and terms of office of members of Board.
[2004.] Public Service Management [No. 33.]
(Recruitment and Appointments)
Act 2004.
Section
38. Board members and involvement in political matters, etc.
39. Chief Executive of Service.
40. Functions of Chief Executive of Service.
41. Attendance of Chief Executive of Service before Oireachtas
Committee.
42. Staff of Public Appointments Service.
PART 4
Recruitment Licences and Office Holders
43. Recruitment licences.
44. Application for recruitment licences by office holders.
45. Supplemental provisions on office holders.
46. Delegation to Public Appointments Service.
47. Recruitment under Act and other competitions, etc.
48. Instructions to licence holders.
49. Advices to licence holders.
50. LicenceholderstoadviseCommissionofcertainrecruitment.
51. Amendment of recruitment licences.
52. Revocation of recruitment licences.
PART 5
Obligations of Candidates in Respect of Recruitment and
Selection Procedures
53. Application (Part 5).
54. Obligations.
55. Offences.
56. Supplemental provision to section 55.
PART 6
Selection and Promotion
57. Selection for promotion.
PART 7
Ministerial Functions
58. Matters relating to recruitment, etc.
[No. 33.] Public Service Management [2004.]
(Recruitment and Appointments)
Act 2004.
PART 8
Transitional, Repeals and Consequential Amendments
Section
59. Definition (Part 8).
60. Transfer of rights and liabilities and continuance or com-
pletion of matters.
61. Repeals, revocations and amendments.
62. Saver for certain regulations and rules.
63. References to dissolved bodies in enactments.
64. Final accounts of dissolved bodies.
SCHEDULE 1
Scheduled Occupations
SCHEDULE 2
Repeals, Revocations and Amendments Relating to Civil
Service Commissioners and Local Appointments Commissioners
PART 1
Repeals and Amendments to Acts
PART 2
Revocations and Amendments to Statutory Instruments
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[2004.] Public Service Management [No. 33.]
(Recruitment and Appointments)
Act 2004.
ActsReferredto
AgriculturalAppealsAct2001 2001,No.29
ArtsAct1973 1973,No.33
AviationRegulationAct2001 2001,No. 1
CanalsAct1986 1986,No. 3
CivilLegalAidAct1995 1995,No.32
CivilServiceCommissionersAct1956 1956,No.45
CivilServiceRegulationAct1956 1956,No.46
CivilServiceRegulationActs1956and1958
CivilServiceRegulationActs1956to1996
CompanyLawEnforcementAct2001 2001,No.28
CompetitionAct1991 1991,No.24
ComptrollerandAuditorGeneral(Amendment)Act1993 1993,No. 8
ConsumerInformationAct1978 1978,No. 1
CourtsServiceAct1998 1998,No. 8
CoronersAct1962 1962,No. 9
DataProtectionAct1988 1988,No.25
DefenceAct1954 1954,No.18
EducationAct1998 1998,No.51
Electricity(Supply)Act1927 1927,No.27
EmploymentAgencyAct1971 1971,No.27
EmploymentEqualityAct1977 1977,No.16
EmploymentEqualityAct1998 1998,No.21
EthicsinPublicOfficeAct1995 1995,No.22
EuropeanParliamentElectionsAct1997 1997,No. 2
ExchequerandAuditDepartmentsActs1966and1921
FinanceAct2002 2002,No. 5
FisheriesAct1980 1980,No. 1
FreedomofInformationAct1997 1997,No.13
GardaSı´ocha´na(Complaints)Act1986 1986,No.29
HarboursAct1946 1946,No. 9
HealthAct1953 1953,No.26
HealthAct1970 1970,No. 1
Health(Amendment)(No.3)Act1996 1996,No.32
Health(CorporateBodies)Act1961 1961,No.27
Health(EasternRegionalHealthAuthority)Act1999 1999,No.13
HousesoftheOireachtasCommissionAct2003 2003,No.28
HumanRightsCommissionAct2000 2000,No. 9
IllegalImmigrants(Trafficking)Act2000 2000,No.29
IndustrialRelationsAct1969 1969,No.14
IndustrialRelationsAct1990 1990,No.19
LawReformCommissionAct1975 1975,No. 3
LocalAuthorities(OfficersandEmployees)Act1926 1926,No.39
LocalAuthorities(OfficersandEmployees)Acts1926and1940
LocalAuthorities(OfficersandEmployees)Acts1926to1983
LocalAuthorities(OfficersandEmployees)Act1983 1983,No. 1
LocalGovernmentAct1955 1955,No. 9
LocalGovernmentAct1991 1991,No.11
LocalGovernmentAct1998 1998,No.16
LocalGovernmentAct2001 2001,No.37
LocalGovernmentServices(CorporateBodies)Act1971 1971,No. 6
NationalArchivesAct1986 1986,No.11
NationalGalleryEstablishment(1854) 17&18Vict.,c.99
[No. 33.] Public Service Management [2004.]
(Recruitment and Appointments)
Act 2004.
NationalTreasuryManagementAgency(Amendment)Act2000 2000,No.39
OfficialLanguagesAct2003 2003,No.32
OmbudsmanAct1980 1980,No.26
PatentsAct1992 1992,No. 1
PrivateSecurityServicesAct2004 2004,No.12
PromptPaymentsAccountsAct1997 1997,No.31
PublicOfficesFeesAct1879 42&43Vict.,c.58
PublicServiceManagementAct1997 1997,No.27
RefugeeAct1996 1996,No.17
RegistrationofTitleAct1964 1964,No.16
RoadTrafficAct1961 1961,No.24
RoadTrafficAct2002 2002,No.12
SeaFisheriesAct1952 1952,No. 7
StaffoftheHousesoftheOireachtasAct1959 1959,No.38
StatisticsAct1993 1993,No.21
StatutoryInstrumentsActs1947and1955
SuperannuationAct1859 22Vict.,c.26
SuperannuationAct1942 1942,No.24
SuperannuationActs1834to1963
SuperannuationandPensionsAct1976 1976,No.22
TaxesConsolidationAct1997 1997,No.39
TaxiRegulationAct2003 2003,No.25
Telecommunications(MiscellaneousProvisions)Act1996 1996,No.34
TurfDevelopmentAct1946 1946,No.10
ValuationsAct2001 2001,No.13
VocationalEducationAct1930 1930,No.29
VocationalEducationActs1930to2001
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Number 33 of 2004
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PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND
APPOINTMENTS) ACT 2004
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AN ACT TO REFORM THE RECRUITMENT AND APPOINT-
MENT PROCESSES OF THE CIVIL SERVICE AND CER-
TAIN OTHER BODIES IN THE PUBLIC SERVICE AND
FOR THAT PURPOSE, TO PROVIDE FOR NEW MAN-
AGEMENT STRUCTURES TO REPLACE THE CIVIL
SERVICE COMMISSIONERS AND LOCAL APPOINT-
MENTS COMMISSIONERS, TO ESTABLISH THE COM-
MISSION FOR PUBLIC SERVICE APPOINTMENTS TO
OVERSEE THE IMPLEMENTATION AND DEVELOP-
MENT OF THOSE STRUCTURES IN THE CONTEXT OF
THE PUBLIC INTEREST AND THE NEED TO UPHOLD
THE PROBITYOF THERECRUITMENT ANDAPPOINT-
MENT PROCESS, TO PROVIDE FOR AN OFFICE CON-
NECTED TO THAT COMMISSION, TO PROVIDE FOR
THE ESTABLISHMENT OF THE PUBLIC APPOINT-
MENTS SERVICE AS THE RECRUITMENT AND SELEC-
TION BODY FOR THE CIVIL SERVICE AND OTHER
BODIES IN THE PUBLIC SERVICE, TO INTRODUCE
FLEXIBILITY INTO THE RECRUITMENT PROCESS BY
ENABLING THE LICENSING BY THAT COMMISSION,
IN ADDITION TO THE LICENSING OF THE PUBLIC
APPOINTMENTS SERVICE, OF ANY PART OF THOSE
SERVICES TO UNDERTAKE THEIR OWN RECRUIT-
MENT IN RESPECT OF ONE OR MORE CLASSES
OF EMPLOYEES AND, GENERALLY, TO ENABLE
LICENCE HOLDERS TO DELEGATE SOME OF THEIR
RECRUITMENT PROCESSES TO PERSONS OR BODIES
SPECIFIED BY THAT COMMISSION FROM TIME TO
TIME, TOENABLE THOSESERVICES TORESPOND TO
CHANGES IN THEIR RECRUITMENT NEEDS AND IN
THELABOURMARKET,TOPROVIDEFORBOTHPER-
MANENT ANDTEMPORARY APPOINTMENTSAND TO
PROVIDE FOR PROMOTION PROCESSES, AND FOR
THOSE PURPOSES TAKE ACCOUNT OF THE NEED TO
MAINTAIN, IN THE PUBLIC INTEREST, THE INTEG-
RITY AND PROBITY OF BOTH THE RECRUITMENT
AND SELECTION PROCESSES FOR THOSE SERVICES
AND TO PROVIDE FOR CONNECTED MATTERS.
[6th October, 2004)
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
[No. 33.] Public Service Management [2004.]
(Recruitment and Appointments)
Act 2004.
PART 1
Preliminary and General
Shorttitle. 1.—This Act may be cited as the Public Service Management
(Recruitment and Appointments) Act 2004.
Interpretation. 2.—(1) InthisAct,exceptwherethecontextotherwiserequires—
‘‘appointment’’ means the appointment of a person to a position
within the Civil Service, a local authority, a health board, a
vocational education committee, the Garda Sı´ocha´na, or such other
body as may be prescribed by order under section 6;
‘‘Board’’meanstheBoardofthePublicAppointmentsServiceestab-
lished by section 36;
‘‘Chief Executive of the Service’’ has the meaning given in section
39(1);
‘‘civilservant’’hasthemeaningithasintheCivilServiceRegulation
Act 1956;
‘‘Civil Service’’ means the Civil Service of the Government and the
Civil Service of the State;
‘‘code of practice’’ means the instructions and guidelines issued by
the Commission under section 23;
‘‘Commission’’ means the Commission for Public Service Appoint-
ments established by section 11;
‘‘commissioners’’meansthemembersoftheCommissionasreferred
to in section 12;
‘‘Director’’ means the Director of the Office of the Commission for
Public Service Appointments;
‘‘employment agency’’ means a person who, whether for profit or
otherwise, provides services related to either or both of the
following:
(a) finding employment for prospective employees,
(b) identifying potential employees for employers;
‘‘established position’’ means a position in which there is rendered
established service;
‘‘establishedservice’’meansserviceinacapacityinrespectofwhich
a superannuation allowance may be granted under the Superannu-
ation Acts 1834 to 1963 and the Superannuation and Pensions Act
1976;
[2004.] Public Service Management [No. 33.]
(Recruitment and Appointments)
Act 2004.
‘‘establishment day’’ means the day appointed by order under Pt.1 S.2
section 3—
(a) in relation to the Commission or the Office of the Com-
mission, to be the establishment day for the Commission
for the purposes of section 11, and
(b) in relation to the Public Appointments Service, to be the
establishmentdayofthePublicAppointmentsServicefor
the purposes of section 33;
‘‘functions’’ includes powers and duties, and references to the per-
formance of functions include, as respects powers and duties, refer-
encestotheexerciseofthepowersandthecarryingoutoftheduties;
‘‘health board’’ means—
(a) a health board established under the Health Act 1970,
(b) the Eastern Regional Health Authority, or
(c) an Area Health Board established under the Health
(Eastern Regional Health Authority) Act 1999;
‘‘licence holder’’ means a person to whom a recruitment licence has
beengrantedundersection43andincludesapersontowhomsection
45(2) relates;
‘‘listed recruitment agency’’ means a recruitment agency included in
the list of recruitment agencies under section 25;
‘‘local authority’’ means a local authority for the purposes of the
Local Government Act 2001;
‘‘Minister’’ means the Minister for Finance;
‘‘OfficeoftheCommission’’meanstheOfficeoftheCommissionfor
Public Service Appointments;
‘‘office holder’’, in relation to a person who can hold a recruitment
licence, means a person to whom section 44 relates;
‘‘officer of the Houses of the Oireachtas’’ means—
(a) the Clerk or Clerk-Assistant of Da´il E´ireann,
(b) the Clerk or Clerk-Assistant of Seanad E´ireann,
(c) the Superintendent, Houses of the Oireachtas, or
(d) the Captain of the Guard, Houses of the Oireachtas;
‘‘public service body’’ means—
(a) the Civil Service,
(b) the Garda Sı´ocha´na,
(c) a local authority,
(d) a health board,
(e) a vocational education committee, and
[No. 33.] Public Service Management [2004.]
(Recruitment and Appointments)
Act 2004.
Pt.1 S.2 (f) suchotherbodyorbodiesasmaybeprescribedbytheMini-
ster by order under section 6 in accordance with that
section;
and reference to ‘‘public service’’ shall be read accordingly;
‘‘recruitment licence’’ has the meaning given in section 44;
‘‘relevant Minister’’ means—
(a) in relation to the exercise by a Minister of the Government
of any powers, functions or duties vested in him or her
by virtue of any enactment, that Minister, and
(b) in relation to the administration and business of the public
service by virtue of any enactment by a Minister of the
Government or a Department of State in respect of a
publicservicebody,theMinisteroftheGovernmentcon-
cerned or the Minister having charge of the Department
concerned;
‘‘scheduled occupation’’ has the meaning given in section 7(3)(a);
‘‘unestablished position’’ means a position that is not an established
position,andincludesapositionthatisheldonatemporarybasisor
for a definite limited period;
‘‘vocational education committee’’ means a vocational education
committee established under section 7 of the Vocational Education
Act 1930.
(2) In this Act—
(a) a reference to a section is a reference to a section of this
Act,
(b) areferencetoascheduleisareferencetoascheduletothis
Act, and
(c) a reference to a subsection, paragraph or subparagraph is a
reference to the subsection, paragraph or subparagraph
of the provision in which the reference occurs,
unless it is indicated that a reference to some other provision is
intended.
(3) A reference to another enactment is to that enactment as
amended or modified at any time by any enactment.
Establishmentday 3.—The Minister shall by order appoint a day to be the establish-
order. ment day for the Commission and for the Public Appointments Ser-
vice. The same day shall be appointed for both the Commission and
the Service.