Number 33 of 2004

PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

PART 2

Commission For Public Service Appointments

Chapter 1

The Commission

Chapter 2

Codes of practice, listed recruitment agencies, etc.

Chapter 3

Office of the Commission

PART 3

Public Appointments Service

PART 4

Recruitment Licences and Office Holders

PART 5

Obligations of Candidates in Respect of Recruitment and Selection Procedures

PART 6

Selection and Promotion

PART 7

Ministerial Functions

PART 8

Transitional, Repeals and Consequential Amendments

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

Number 33 of 2004

PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

AN ACT TO REFORM THE RECRUITMENT AND APPOINTMENT PROCESSES OF THE CIVIL SERVICE AND CERTAIN OTHER BODIES IN THE PUBLIC SERVICE AND FOR THAT PURPOSE, TO PROVIDE FOR NEW MANAGEMENT STRUCTURES TO REPLACE THE CIVIL SERVICE COMMISSIONERS AND LOCAL APPOINTMENTS COMMISSIONERS, TO ESTABLISH THE COMMISSION FOR PUBLIC SERVICE APPOINTMENTS TO OVERSEE THE IMPLEMENTATION AND DEVELOPMENT OF THOSE STRUCTURES IN THE CONTEXT OF THE PUBLIC INTEREST AND THE NEED TO UPHOLD THE PROBITY OF THE RECRUITMENT AND APPOINTMENT PROCESS, TO PROVIDE FOR AN OFFICE CONNECTED TO THAT COMMISSION, TO PROVIDE FOR THE ESTABLISHMENT OF THE PUBLIC APPOINTMENTS SERVICE AS THE RECRUITMENT AND SELECTION 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 RECRUITMENT 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, TO ENABLE THOSE SERVICES TO RESPOND TO CHANGES IN THEIR RECRUITMENT NEEDS AND IN THE LABOUR MARKET, TO PROVIDE FOR BOTH PERMANENT AND TEMPORARY APPOINTMENTS AND TO PROVIDE FOR PROMOTION PROCESSES, AND FOR THOSE PURPOSES TAKE ACCOUNT OF THE NEED TO MAINTAIN, IN THE PUBLIC INTEREST, THE INTEGRITY 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:

PART 1

Preliminary and General

Short title.

1.—This Act may be cited as the Public Service Management (Recruitment and Appointments) Act 2004 .

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“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 Síochána, or such other body as may be prescribed by order under section 6 ;

“Board” means the Board of the Public Appointments Service established by section 36 ;

“Chief Executive of the Service” has the meaning given in section 39 (1);

“civil servant” has the meaning it has in the Civil Service Regulation 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 Appointments established by section 11 ;

“commissioners” means the members of the Commission as referred 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;

“established service” means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts 1834 to 1963 and the Superannuation and Pensions Act 1976 ;

“establishment day” means the day appointed by order under section 3 —

(a) in relation to the Commission or the Office of the Commission, 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 establishment day of the Public Appointments Service for the purposes of section 33 ;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“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 been granted under section 43 and includes a person to whom section 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;

“Office of the Commission” means the Office of the Commission for 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 Dáil Éireann,

(b) the Clerk or Clerk-Assistant of Seanad Éireann,

(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 Síochána,

(c) a local authority,

(d) a health board,

(e) a vocational education committee, and

(f) such other body or bodies as may be prescribed by the Minister 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 public service body, the Minister of the Government concerned 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, and includes a position that is held on a temporary basis or 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) a reference to a schedule is a reference to a schedule to this 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.

Establishment day order.

3.—The Minister shall by order appoint a day to be the establishment day for the Commission and for the Public Appointments Service. The same day shall be appointed for both the Commission and the Service.

Dissolution of Civil Service Commissioners and Local Appointments Commissioners.

4.—The Civil Service Commissioners and the Local Appointments Commissioners are dissolved with effect from the establishment day.

Application.

5.—Subject to section 7 and, in respect of an application for a recruitment licence, section 44 (3), this Act applies to—

(a) appointments to positions in the Civil Service, including, except where otherwise provided, unestablished positions,

(b) appointments to positions in the Garda Síochána,

(c) appointments to positions to which the Local Authorities (Officers and Employees) Act 1926 applies,

(d) appointments to such positions, or class of position, in the local authorities, the health boards and the vocational education committees, or any of them, as are designated by order of the Minister under section 6 ,

(e) appointments to positions in any other public service body as may be prescribed by order of the Minister under section 6 .

Extension of application by order.

6.—(1) Subject to section 7 , where this Act does not apply to a body or any position or class of positions within that body, the Minister may—

(a) in respect of any body to which section 5 (d) relates—

(i) after considering a report under section 17 from the Commission on that body or any position or class of positions within that body, and

(ii) after consulting with—

(I) the Minister for the Environment, Heritage and Local Government, where that body is a local authority,

(II) the Minister for Health and Children, where that body is a health board, or

(III) the Minister for Education and Science, where that body is a vocational education committee,

(b) in any other case, after consulting with—

(i) the Commission, and

(ii) such Minister or Ministers of the Government (if any) who, in the opinion of the Minister, is or are the relevant Minister or relevant Ministers in respect of that body,

make an order providing for the application to the body concerned of the recruitment and appointment provisions of this Act in respect of any position or class of positions concerned.

(2) The Minister may by order amend or revoke an order under this section.

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under that order.

Excluded positions generally.

7.—(1) Subject to subsection (4), this Act does not apply to, and no order shall be made under section 6 in respect of, a position where the appointment concerned—

(a) is to a position of an office holder—

(i) under the Constitution, or

(ii) otherwise within the meaning given to office holder by section 2 of the Ethics in Public Office Act 1995 for the purposes of that Act,

(b) is to be made by the President,

(c) is to be made by the Government,

(d) is to the position of an officer of the Houses of the Oireachtas,

(e) is to a position of special adviser within the meaning of section 19 of the Ethics in Public Office Act 1995 , or

(f) is of a person to a particular unestablished position where—

(i) the appropriate authority (within the meaning of section 2 of the Civil Service Regulation Act 1956 ) with the consent of the Minister (where the Minister is not the appropriate authority) recommends the appointment of the person to that position, and

(ii) the Government, having considered such recommendation, decides that such appointment would be in the public interest.

(2) Subject to subsection (4), unless an order is made under section 6 , either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned—

(a) is recommended by the committee known as the Top Level Appointments Committee, or by any body replacing that Committee, following a competition where it was a requirement that all candidates be serving civil servants,

(b) is to a scheduled occupation to which subsection (3) relates,

(c) is of a superannuated person to an established position consequential on his or her being duly called upon, under section 11 of the Superannuation Act 1859, to serve again in the Civil Service, whether or not he or she is required to serve on trial under section 12 of the Civil Service Regulation Act 1956 ,

(d) is to a position in which such person is required to serve on trial under section 11 of the Civil Service Regulation Act 1956 ,

(e) is to a position under section 7 or 15 of the Civil Service Regulation Act 1956 ,

(f) is to the position of an Appeal Commissioner under section 850 of the Taxes Consolidation Act 1997 ,

(g) is by way of employment of civilians by the Minister for Defence under section 30 of the Defence Act 1954 ,

(h) is to the position of a person designated by the Minister under section 23(3) of the Industrial Relations Act 1990 for the purposes of section 23(1) of that Act.

(3) (a) Each of the occupations specified in Schedule 1 is, except where paragraph (b) applies, a scheduled occupation for the purposes of this Act.

(b) Paragraph (a) does not apply where the service to be rendered by the person to be appointed is to be established service.

(c) If any question arises as to whether a particular occupation is or is not a scheduled occupation, the question shall be decided by the Minister after consultation with the Commission.

(d) If any question arises as to whether an appointment to a scheduled occupation is or is not or was or was not an appointment to a position in the Civil Service, the question shall be decided by the Minister.

(4) Nothing in this section shall be read as affecting the application of section 34 (1)(i) to appointments to which this section applies.

(5) Nothing in this Act shall be read as affecting section 13 of the British statute passed in the year 1854 and entitled “An Act to provide for the Establishment of a National Gallery of Paintings, Sculpture, and the Fine Arts, for the Care of a Public Library, and the Erection of a Public Museum, in Dublin”.

Excluded unestablished positions.

8.—(1) This section applies to unestablished positions (not being a position which is in a scheduled occupation) within the Civil Service.

(2) Subject to subsection (3), the Commission may by order declare that a specified unestablished position (not being a position which is in a scheduled occupation) shall be an excluded position for the purposes of this Act, and the Commission may provide in the order that the order is to remain in force for such period only as the Commission determines and specifies in the order.

(3) The Commission shall not make an order under this section except—

(a) at the request of the authority duly authorised to appoint a person to the unestablished position concerned, and

(b) if that authority is not the Minister, with the consent of the Minister.

(4) Where an order has been made or deemed to have been made under section 5 of the Civil Service Commissioners Act 1956 that is in force on the establishment day, then that order shall be deemed to have been made under this section and shall remain in force—

(a) where the order was a limited period order within the meaning of subsection (1)(c) of the said section 5—

(i) for the remainder of the period concerned, or

(ii) where an order under subsection (5) applies, in accordance with that order, or

(iii) if the order is revoked with effect from before the end of the period concerned, until the revocation has effect,

and

(b) in every other case, until the order is revoked under this section.

(5) Where a limited period order referred to in subsection (4) is in force, the Commission may, from time to time, by order extend the period for which the limited period order is to remain in force.

(6) An order made or deemed to have been made under this section may, subject to subsection (3)(a), be amended or revoked.

(7) Where an order is made under this section—

(a) it shall, for the purposes of the Statutory Instruments Acts 1947 and 1955, be deemed not to be a statutory instrument to which those Acts primarily apply,

(b) notice of the making of it shall be published in Iris Oifigiúil as soon as may be after it is made, but failure to so publish shall not affect the order concerned.

(8) Any position to which an order made or deemed to have been made under this section applies shall, so long as the order remains in force, be, for the purposes of this Act, an excluded position, and the expression “excluded position” shall be read accordingly.

Expenses.

9.—The expenses of the Commission and of the Public Appointments Service shall, to such extent as may be sanctioned by the Minister, be paid out of monies provided by the Oireachtas.

Fees.

10.—(1) The Commission and the Public Appointments Service may each charge fees, if any, to public service bodies in respect of any service carried out under this Act by the Commission or the Service, respectively.

(2) A licence holder may charge fees, if any, to candidates for a competition to which this Act applies.

(3) Any fees collected and taken under this section—

(a) by the Commission or the Public Appointments Service shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister, and

(b) by any other licence holder shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the relevant Minister, issued with the consent of the Minister.

(4) The Public Offices Fees Act 1879 does not apply to any fees charged under this Act.

PART 2

Commission For Public Service Appointments

Chapter 1

The Commission

Establishment of Commission.

11.—(1) There is established with effect from the establishment day a body to be known in the Irish language as An Coimisiún um Cheapacháin Seirbhíse Poiblí and in the English language as the Commission for Public Service Appointments, in this Act referred to as the “Commission”.

(2) The Commission is a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name.

Number of commissioners.

12.—The Commission consists of—

(a) the Chairman of Dáil Éireann (An Ceann Comhairle),

(b) the Secretary General to the Government,

(c) the Secretary General, Public Service Management and Development, Department of Finance,

(d) the chairperson of the Standards in Public Office Commission, and

(e) the Ombudsman,

who in this Act are referred to as “commissioners”.

Functions of Commission.

13.—(1) The functions of the Commission are as follows:

(a) to establish standards of probity, merit, equity and fairness, and other principles as they consider appropriate, to be followed, in the public interest, in the recruitment and selection of persons for positions in the Civil Service and other public service bodies;

(b) to publish as codes of practice—

(i) standards referred to in paragraph (a) in accordance with section 23 ;

(ii) standards on the selection procedures for promotion under Part 6;

(iii) procedures to which section 23 (3) relates;

and any such code may include all or any of the matters referred to in subparagraphs (i), (ii) and (iii) and may, from time to time, be amended or replaced;

(c) to meet on a regular basis, agree and establish procedures which it deems appropriate and which permit it to decide and carry out its functions effectively, including systems to monitor, audit and evaluate the recruitment and selection process;

(d) to grant licences under section 43 , to amend such licences under section 51 and, where the Commission considers it appropriate in the circumstances, to revoke such licences under section 52 ;

(e) to issue instructions under section 48 ;

(f) to issue advices under section 49 ;

(g) to establish and set down appropriate appeal procedures to allow it to consider and decide issues in relation to licences, codes of practice and related matters put forward by the Public Appointments Service and other licence holders and to make those procedures available to the Public Appointments Service and other licence holders;

(h) to report to the Oireachtas annually in accordance with section 19 ;

(i) to report to Government at any time as the Commission see fit;

(j) to provide such information to the Minister or other relevant Minister as that Minister may request from time to time on the operation of the recruitment and selection process;

(k) to perform any additional functions assigned to it under subsection (3);

(l) otherwise, to carry out its powers and duties under this Act.

(2) (a) Subject to this Act, the Commission is independent in the exercise of its functions.

(b) In exercising its functions under this Act, the Commission shall be guided by the principles of good recruitment practice.

(3) The Minister may by order—

(a) confer on the Commission such additional functions relating to either or both—

(i) the recruitment and selection process, and

(ii) the selection and promotion procedures,

that are connected with the functions conferred on the Commission by subsection (1) or an order made under this subsection, as the Minister considers appropriate,

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Commission of functions so conferred.

(4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Duty to inform Commission of certain matters.

14.—(1) Where an office holder or a listed recruitment agency believes that any person has, deliberately or recklessly, interfered improperly with the recruitment process, or has attempted to so interfere, the office holder or recruitment agency shall forthwith inform the Commission and, where the office holder is not the licence holder concerned, the licence holder accordingly.

(2) Where the Commission is of the opinion that there may have been interference with the recruitment process, it may investigate or cause to be investigated the matter on its behalf by a person appointed under section 15 .

Investigations on behalf of Commission.

15.—(1) The Commission may, in writing, authorise—

(a) one or more of the commissioners,

(b) one or more than one person who, in the opinion of the Commission, has the qualifications and experience necessary to exercise the functions conferred by this section, or

(c) any combination of persons to whom paragraphs (a) and (b) relate,

to investigate the exercise of functions under this Act by a licence holder or a recruitment agency on the list of recruitment agencies.

(2) The Commission shall provide each person authorised under subsection (1) with a warrant of appointment and such person shall when exercising a power under this section produce the warrant to any person affected, if requested to produce it by that person.

(3) A person authorised under subsection (1) may, at all reasonable times on production of the person's authorisation, enter premises at which the office holder or listed recruitment agency carries on business.

(4) A person authorised under subsection (1) who has entered premises in accordance with subsection (3) may exercise all or any of the following powers:

(a) inspect the premises;

(b) request any person on the premises who apparently has control of, or access to, records relating to the exercise of functions under this Act (including any record required to be held by virtue of any term, condition, direction or requirement of the Commission) to produce the records for inspection;

(c) inspect any records produced in accordance with the request, or found on the premises in the course of inspecting the premises;

(d) take copies of those records or of any part of them;

(e) request any person who the authorised person reasonably believes has information relating to those records, or to the business of the office holder or the listed recruitment agency (as the case may be), to answer questions with respect to the records or that business.

(5) A person to whom a request is made in accordance with subsection (4) shall—

(a) comply with the request so far as is possible to do so, and

(b) give such other assistance and information to the authorised person with respect to the business of the licence holder as is reasonable in the circumstances.

(6) The powers conferred by subsection (4) may also be exercised in relation to any other person who, in the opinion of the Commission, is in possession of information that is materially relevant to the exercise of functions under this Act by an office holder or a listed recruitment agency.

(7) The production of a record in compliance with a request made under this section does not prejudice any lien that a person may have over the record.

(8) Nothing in this section requires a legal practitioner to produce a record that contains a privileged communication made by or to the practitioner or to divulge any information that relates to the communication.

(9) (a) Subject to paragraph (b), information obtained by an authorised person under subsection (1) by virtue of the performance by him or her of any functions under this section shall not be disclosed, by any person except in accordance with law.

(b) Paragraph (a) does not apply to the disclosure of information where such disclosure is duly made—

(i) in the course of, or for the purposes of, an investigation under this Act,

(ii) for the purposes of any report or notification under this Act, or

(iii) to any of the following:

(I) the Commission;

(II) the Minister;

(III) the Garda Síochána;

(IV) the Director of Public Prosecutions.

(10) A person commits an offence if such person—

(a) obstructs a person authorised under subsection (1) in the exercise of a power conferred by this section,

(b) without reasonable excuse, fails to comply with a request made under this section, or

(c) in purported compliance with such a request, gives information to a person authorised under subsection (1), that the person knows to be false or misleading.

(11) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 2 years, or to both.

Report to Government.

16.—Where the Commission is satisfied that there has been a material infringement of the terms and conditions of a recruitment licence, or of any direction given to a licence holder, the Commission shall—

(a) report that matter to the Government,

(b) publish that report or any part of it, as it sees fit, and

(c) include information relating to the infringement in its Annual Report.

Report to Minister.

17.—(1) The Commission may carry out such assessment as it considers appropriate into recruitment practices of—

(a) any public service body, or

(b) any class of public service bodies,

to which section 5 (d) relates, either generally or with regard to specific positions or a class of positions, and may make a report on the matter to the Minister.

(2) The Commission may make such recommendations as it considers appropriate in a report under this section, including any recommendation that an order be made under section 6 (1) in respect of a specific position or a class of positions.

(3) Where—

(a) a report made to the Minister under this section contains a recommendation that an order be made under section 6 (1) in respect of a specific position or a class of positions, and

(b) no such order has been made within 2 years of the Minister receiving the report,

then the Minister shall lay a report on the matter before each House of the Oireachtas within the next 10 days on which the House concerned has sat after the end of that period of 2 years.

(4) Subsection (3) shall not apply if, before the expiration of the period of 2 years, the Minister lays a copy of the report before each House of the Oireachtas together with a statement that he or she does not intend to make an order as recommended by the Commission.

Statement of strategy of Commission.

18.—Within 6 months after the establishment day, the Commission shall prepare and submit to the Minister a statement of strategy for the purposes of paragraph (b) of section 4(1) of the Public Service Management Act 1997 and, for that purpose, subparagraph (i) of that paragraph shall be read as if it referred to a period ending within 6 months of the establishment of the Commission.

Annual report of Commission.

19.—(1) In each year after the establishment day for the Commission, it shall prepare a report in relation to its activities under this Act in the preceding year and cause copies of the report to be laid before each House of the Oireachtas.

(2) Notwithstanding subsection (1), if, but for this subsection, the first report under that subsection would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be prepared as soon as may be after the end of that year.

Seal of Commission, etc.

20.—(1) The Commission shall, as soon as may be after establishment day, provide itself with a seal.

(2) The seal shall be authenticated by the signatures of—

(a) a commissioner, and

(b) either—

(i) another commissioner, or

(ii) the Director or, where authorised by the Commission to authenticate the seal, another member of the staff of the Commission.

(3) Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by and to be sealed with the seal of the Commission (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

(4) When the Commission has provided itself with a seal, then thereafter each of the following shall only be made, published or otherwise issued under the seal of the Commission:

(a) instructions to licence holders under section 48 ;

(b) a warrant of appointment as an authorised officer under section 15 ;

(c) a report to the Government under section 16 ;

(d) a report to the Minister under section 17 ;

(e) a statement of strategy under section 18 ;

(f) a report of activities of the Commission under section 19 ;

(g) a code of practice published by the Commission under section 23 and any instrument consolidating, revoking or amending any such code.

(5) Subject to subsection (4), any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be made under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission for that purpose.

Declaration of interests by commissioners.

21.—(1) Each commissioner shall, on his or her appointment as such, make a declaration in writing of his or her interests to the Minister, in such form as the Minister may specify.

(2) Each commissioner shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister by reference to any change in the interest held by the commissioner.

Disclosure of interests by commissioners.

22.—(1) Where a commissioner has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she shall—

(a) disclose to the Commission the nature of his or her interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision in relation to the matter,

(c) take no part in any consideration of the matter, and

(d) withdraw from any meeting for so long as the matter is being discussed or considered and not vote or otherwise act in relation to the matter.

(2) For the purpose of this section, but without prejudice to the generality of subsection (1), a commissioner shall be regarded as having a beneficial interest if—

(a) he or she or any member of his or her household, or any nominee of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or she or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or she or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a commissioner shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a commissioner, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Commission and for that purpose the commissioner concerned—

(a) shall disclose the proposed course of conduct to the Commission,

(b) shall neither influence nor seek to influence a decision in relation to the matter,

(c) shall take no part in any consideration of the matter, and

(d) shall not vote or otherwise act in relation to the matter.

(5) Where a disclosure is made to the Commission under subsection (1) or (4), particulars of the disclosure and of any determination under subsection (4) shall be recorded in the minutes of the meeting concerned.

Chapter 2

Codes of practice, listed recruitment agencies, etc.

Codes of practice.

23.—(1) The Commission shall prepare such codes of practice as it considers necessary or appropriate for the purpose of carrying out its functions under section 13 and shall cause such codes of practice to be made publicly available.

(2) Codes of practice to be published by the Commission and to which subparagraphs (i) and (ii) of section 13 (1)(b) relate shall set out—

(a) the principles to be put in place, in respect of recruitment and selection procedures and of selecting persons for promotion, in relation to—

(i) the probity, equity and fairness of the process concerned,

(ii) the need to ensure that candidates are selected on the basis of merit,

(iii) the protection of the public interest,

(iv) the implementation of best practice and good governance,

(v) the general procedures (including review procedures) to be adopted in respect of grievances and complaints brought forward by candidates, and

(vi) such other matters the Commission deems to be appropriate,

and

(b) any requirements or other matters to which section 24 (4) relates.

(3) Codes of practice to be published by the Commission and to which subparagraph (iii) of section 13 (1)(b) relates shall establish and set down—

(a) procedures, including appeal procedures, for dealing with any alleged failure, by any person applying for a position within the Civil Service or other public service body and to which this Act or section 13 (1)(b) relates,

(b) where a failure to so comply is proved, the consequences of such failure, including disqualification, where appropriate.

(4) (a) The Commission may consolidate, revoke or amend any code of practice as it sees fit, including—

(i) any regulations under section 16 or rules under section 30 of the Civil Service Commissioners Act 1956 , and

(ii) any regulations under section 8 of the Local Authorities (Officers and Employees) Act 1926 ,

which are deemed to be codes of practice by virtue of section 62

(b) The amendment of a code of practice shall not take effect until notice of the amendment is published by the Commission.

(c) The revocation of a code of practice shall not take effect until a replacement code of practice is published by the Commission in respect of the matters concerned.

(5) (a) Recruitment licences shall not be granted by the Commission, either generally or in respect of any particular post or class of posts, unless there has been duly published a code of practice in respect of the recruitment process to the post or posts to which the licence would relate.

(b) Paragraph (a) does not apply in respect of a licence granted to the Public Appointments Service.

Codes of practice and requirements for appointment, etc.

24.—(1) Without prejudice to subsection (2), every code of practice to which this section relates shall include requirements relating to—

(a) knowledge and ability to enter on the discharge of the duties of the post concerned,

(b) suitability on the grounds of character,

(c) suitability in all other relevant respects for appointment to the post concerned.

(2) In respect of—

(a) one or more local authorities, the Minister for the Environment, Heritage and Local Government,

(b) one or more health boards, the Minister for Health and Children,

(c) one or more vocational education committees, the Minister for Education and Science, or

(d) one or more public service bodies to which paragraph (a), (b) or (c) do not relate, the Minister,

may, from time to time, specify requirements he or she considers necessary for applicants to comply with in respect of any particular post or class of posts specified by that Minister.

(3) Without prejudice to the generality of subsection (2), specified requirements in respect of the post concerned may include—

(a) the minimum amount of practical experience, or type or types of practical experience, required of candidates for the post concerned,

(b) the academic or professional qualifications required to be possessed by candidates,

(c) subject to the Employment Equality Act 1998 , the health and age of candidates.

(4) Where—

(a) requirements have been specified under subsection (2) in respect of a post or class of posts, and

(b) the Commission has obtained the written consent of the Minister concerned in respect of the recruitment process for such post or for some or all of such class of posts,

then the Commission shall, in respect of the post or class of posts to which the written consent relates, do either or both of the following, as it considers appropriate, to take account of those requirements:

(i) prepare one or more codes of practice;

(ii) amend one or more existing codes of practice.

(5) (a) Where a Minister of the Government referred to in subsection (2) specifies, or has specified, requirements for the purposes of that subsection, then such Minister may also specify optional matters to be provided for in respect of the post or class of posts concerned.

(b) Where paragraph (a) applies, then subsection (4) shall also apply to such optional matters as if it were referred to in that subsection.

(6) (a) Where a code of practice relates to the recruitment process for an unestablished position within the Civil Service it may provide that a person appointed to such position may, in circumstances specified in the code, be subsequently appointed to a specified established position within the Civil Service.

(b) This subsection shall cease to have effect on such day as the Minister by order appoints.

(7) In preparing or amending a code of practice to which this section relates, the Commission—

(a) shall consult with the Chief Executive of the Service in a case to which paragraph (a), (b) or (c) of subsection (2) relates, and

(b) may seek the assistance of the Public Appointments Service or any other licence holder.

(8) If in respect of a code of practice a question arises as to whether a candidate is or is not qualified for appointment to a post to which that code relates, it shall be decided upon by the licence holder responsible for the competition concerned.

(9) Only candidates who have successfully completed the recruitment or promotion process under this Act, including compliance with the code of practice concerned, shall be eligible for appointment.

(10) Subject to subsection (11), a person shall be selected for appointment to a post in the order of merit as determined by the recruitment process.

(11) A candidate shall not be appointed to a post unless—

(a) he or she agrees to undertake the duties attached to the post concerned and to accept the conditions under which those duties are, or may be required to be, performed, and

(b) he or she is fully competent and available to undertake, and fully capable of undertaking, the duties attached to that position, having regard to the conditions under which those duties are, or may be required to be, performed.

(12) Nothing in this section shall be read as affecting the application of the Employment Equality Act 1998 in circumstances where that Act applies.

Listed recruitment agencies.

25.—(1) At least once every year the Commission shall cause to be published and made publicly available in the State a notice requesting applications from recruitment agencies to be included in a list for the purposes of this section (in this Act referred to as the “listed recruitment agencies”).

(2) (a) The Commission shall prepare, publish and make publicly available in the State the conditions under which recruitment agencies are to be considered for inclusion in a list of recruitment agencies for the purposes of this Act.

(b) The Commission may, from time to time, amend the conditions.

(c) Where the Commission amends the conditions, it shall—

(i) cause a copy to be sent to all recruitment agencies standing specified in the list of recruitment agencies and to every holder of a recruitment licence, and

(ii) cause it to be published by making it publicly available within the State.

(d) Without prejudice to the generality of paragraph (a), the conditions the Commission sets shall include—

(i) that the recruitment agency possesses, at the date of its assessment by the Commission, a tax clearance certificate as referred to in section 26 ,

(ii) that the candidate recruitment agency complies with any licensing or other requirements necessary to act as an employment or recruitment agency within the State, and

(iii) such other conditions that the Commission considers appropriate to specify.

(3) A recruitment agency seeking to be included on the list shall only be included if it appears to the Commission upon assessment that the agency satisfies the conditions prepared, published and made publicly available by the Commission under subsection (2).

(4) Where for the purposes of subsection (3) the Commission is satisfied, it shall—

(a) include that agency on the list, and

(b) publish the list and make it publicly available in the State or cause it to be so published and made available.

(5) (a) Subject to paragraph (b) and to any terms and conditions in the recruitment licence concerned, a licence holder may seek the assistance of a listed recruitment agency in respect of some of the tasks connected with the selection of persons by virtue of that licence.

(b) Notwithstanding paragraph (a), the licence holder concerned shall have sole responsibility for the final selection of candidates for appointment or for placing candidates on a panel for appointment.

(c) It is the duty of a licence holder to ensure that the terms and conditions of the recruitment licence are complied with by any listed recruitment agency he or she seeks the assistance of in respect of the task of selection, and nothing in this section shall be read so as to relieve the licence holder of his or her obligations under this Act.

(6) (a) A listed recruitment agency shall remain on the list—

(i) until the operative date in a request to the Commission from the recruitment agency for it to cease to be included in the list or the date of receipt by the Commission of such a request, whichever is the later, or

(ii) subject to subsection (8), where the Commission forms the opinion that the recruitment agency fails to meet the conditions for the time being standing for inclusion on the list, until such date as the Commission considers appropriate, taking into account such recruitment (if any) being undertaken by virtue of this Act when the Commission reached that opinion.

(b) For the purposes of paragraph (a) where recruitment is being assisted by a listed recruitment agency—

(i) when the request is made under subparagraph (i) of that paragraph, or

(ii) when the Commission forms an opinion for the purposes of subparagraph (ii) of that paragraph,

then different dates may be specified in respect of different classes or categories of recruitment.

(7) The Commission shall, from time to time as it considers appropriate, examine and evaluate, or cause to be examined and evaluated, every listed recruitment agency for the purpose of finding out whether or not each of them has complied with the conditions referred to in subsection (2).

(8) Where the Commission is of the opinion that a listed recruitment agency has failed to a material extent to meet any of the conditions specified for the purposes of subsection (2), then—

(a) where the Commission believes that, because of the nature of the failure, it is in the public interest to remove the name of the agency from the list forthwith, the Commission shall so remove that name,

(b) in any other case, the Commission shall give such notice to the agency concerned, as the Commission considers appropriate in the circumstances, of its intention to remove the name of the agency from the list subject to any representations that the agency may wish to make to the Commission on or before a specified date.

Tax clearance certificates.

26.—For the purposes of section 25 where the conditions referred to in subsection (2) of that section require the possession of a tax clearance certificate by a recruitment agency applying for inclusion in the list of recruitment agencies, then the agency shall not be included in the list unless it produces to the Commission a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002 ) of the Taxes Consolidation Act 1997 .

Chapter 3

Office of the Commission

Office of the Commission.

27.—The Commission shall be assisted in carrying out its functions by an office, to be known as the Office of the Commission for Public Service Appointments and in this Act referred to as the “Office of the Commission”.

Director.

28.—(1) Subject to subsection (2), the Minister shall appoint a person to be the Director of the Office of the Commission who shall be known and is referred to in this Act as the “Director”.

(2) For the purposes of the Public Service Management Act 1997 , the Director is the principal officer of the Office of the Commission.

Director to be accounting officer.

29—The Director shall be the accounting officer for the appropriation accounts of the Office for the purposes of the Exchequer and Audit Departments Acts 1866 and 1921 and the Comptroller and Auditor General (Amendment) Act 1993 .

Functions of Director.

30.—(1) The Director shall manage and control generally the staff, administration and business of the Office of the Commission and shall perform such other functions as may be conferred on him or her by or under this Act or by the Commission.

(2) The Director shall be responsible to the Commission for the performance of his or her functions and the implementation of the Commission's policies.

(3) The Director shall provide the Commission with such information (including financial information) in relation to the performance of his or her functions as the Commission may from time to time require.

(4) Such of the functions of the Director as may from time to time be specified by him or her may, with the consent of the Commission, be performed by such member of the staff of the Office as may be authorised by the Director.

(5) The functions of the Director may be performed during his or her absence or when the position of Director is vacant by such member of the staff of the Office as may from time to time be designated by the Commission.

Attendance of Director before Oireachtas Committee.

31.—(1) Subject to subsection (2), the Director shall at the request in writing of an Oireachtas Committee attend before it to give account for the general administration of the Office of the Commission, including the 3 year strategic plans duly laid before the Houses of the Oireachtas.

(2) In this section “Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of a Committee as appointed.

Staff of Office of Commission.

32.—(1) The Minister shall appoint such and so many persons to be members of the staff of the Office of the Commission as the Minister from time to time thinks proper.

(2) The grades of the staff of the Office of the Commission and the members of staff in each grade shall be determined by the Minister.

(3) The members of the staff of the Office of the Commission, including the Director, are civil servants of the State.

PART 3

Public Appointments Service

Establishment of Public Appointments Service.

33.—There is established with effect from the establishment day a body to be known in the Irish language as An tSeirbhís um Cheapacháin Phoiblí and in the English language as the Public Appointments Service.

Functions of Public Appointments Service.

34.—(1) The functions of the Public Appointments Service are as follows:

(a) to act as the centralised recruitment, assessment and selection body for the Civil Service and to provide a similar service, where requested, to the local authorities and health boards, the Garda Síochána and any other public service body;

(b) to ensure that standards of probity, merit, equity and fairness, consistent with the codes of practice set down by the Commission are followed in the public interest in the recruitment, assessment and selection of persons for appointments in the Civil Service and other public service bodies;

(c) to carry out all the procedures necessary to undertake the recruitment, assessment and selection of suitable candidates for appointment;

(d) to undertake such other selection competitions, including promotion competitions under section 57 —

(i) in respect of the Civil Service, at the request of the Minister for Finance, or any other office holder concerned,

(ii) in respect of local authorities, at the request of the Minister for the Environment, Heritage and Local Government or the office holder concerned,

(iii) in respect of Health Boards, at the request of the Minister for Health and Children or the office holder concerned,

(iv) in respect of vocational education committees, at the request of the Minister for Education and Science or the office holder concerned,

(v) in respect of the Garda Síochána, at the request of the Minister for Justice, Equality and Law Reform or of the office holder concerned, and

(vi) in respect of any other public service body, at the request of the Minister or the office holder concerned;

(e) to determine having due regard to relevant criteria, such as the requirements of the position concerned—

(i) the criteria for selection, and

(ii) the form of selection process to be adopted,

subject to the codes of practice issued by the Commission and to matters relating to formulation of policy for recruitment and promotion—

(I) by the Minister under section 58 (1),

(II) by the Minister for the Environment, Heritage and Local Government under section 58 (2),

(III) by the Minister for Health and Children under section 58 (3),

(IV) by the Minister for Education and Science under section 58 (4), or

(V) by the Minister for Justice, Equality and Law Reform under section 58 (5);

(f) to provide advice and expert services, including research and development, to the Civil Service and other public service bodies on recruitment, assessment and selection and related matters;

(g) without prejudice to the granting of a licence under section 43 (1)(b) to any office holder, to exercise the functions which, immediately before the commencement of this provision, were exercisable by the Local Appointments Commissioners in respect of any recruitment and selection;

(h) except where section 7 (1) applies, to undertake such other competitions, examinations, interviews and tests, which are not otherwise provided for by paragraphs (a) to (g), as the Government may from time to time direct;

(i) to inform itself of best practice in relation to all recruitment, assessment and selection matters, and, on the basis of this information, to provide advice to the Civil Service and public service bodies;

(j) subject to the public interest, to make its expertise in recruitment and selection services otherwise available on such terms and conditions as it deems appropriate.

(2) Subject to this Act, the Public Appointments Service is independent in the exercise of its functions.

(3) The Minister may, after consulting the Commission, by order—

(a) confer on the Public Appointments Service such additional functions relating to recruitment, assessment and selection and connected with the functions conferred on the Service by subsection (1) or an order made under this subsection, as the Minister considers appropriate,

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Public Appointments Service of functions so conferred.

(4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Statement of strategy of Public Appointments Service.

35.—Within 6 months after the establishment day, the Chief Executive of the Service shall prepare and submit to the Minister a statement of strategy for the purposes of paragraph (b) of section 4(1) of the Public Service Management Act 1997 and, for that purpose, subparagraph (i) of that paragraph shall be read as if it referred to a period ending within 6 months after the establishment of the Public Appointments Service.

Board of Public Appointments Service.

36.—(1) There is established a board of the Public Appointments Service, in this Act referred to as the “Board” which consists of—

(a) a chairperson,

(b) the Chief Executive of the Service, and

(c) 7 ordinary members.

(2) The chairperson and the ordinary members of the Board shall be appointed by the Minister in consultation with the Minister for the Environment, Heritage and Local Government, the Minister for Health and Children and the Minister for Justice, Equality and Law Reform.

(3) The Board has the following functions:

(a) to represent the interests of the public service and ensure that all appropriate service standards are being achieved;

(b) to consider and approve plans and strategic objectives put forward by the Chief Executive of the Service;

(c) to monitor and advise the Public Appointments Service in the performance of its functions;

(d) to ensure that appropriate review procedures are developed and implemented by the Public Appointments Service in relation to recruitment and promotion competitions, having regard to any relevant codes of practice issued by the Commission;

(e) to publish the annual report of the Public Appointments Service;

(f) where relevant, to give effect to the exercise of a ministerial function to which section 58 relates or to which that section refers;

(g) to give directions to the Chief Executive of the Service in respect of functions of the Public Appointments Service which it regards as necessary.

(4) Subject to this Act, the Board shall determine its own procedures.

Appointment and terms of office of members of Board.

37.—(1) This section applies to a Board member other than the Chief Executive of the Service.

(2) In appointing persons as members of the Board, the Minister—

(a) shall ensure that—

(i) at least 2 of them have either or both civil service and other public service experience and knowledge which the Minister considers relevant, and

(ii) at least 2 of them have expertise in human resource management, customer service and recruitment outside the public service which the Minister considers relevant,

(b) otherwise shall have regard to such experience and knowledge of the person that the Minister, after consultation with the other Ministers referred to in section 58 considers necessary or appropriate to enable the Board to carry out its functions,

(c) shall have regard to the desirability of an appropriate gender balance as the Minister may determine from time to time.

(3) A person appointed a Board member shall be appointed for a period of not more than 3 years.

(4) Each Board member shall be paid such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may determine.

(5) A person appointed a Board member may be re-appointed to a second or subsequent term as a Board member.

(6) A Board member may resign by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of it by the Minister, whichever is the later.

(7) A Board member may at any time be removed by the Minister if, in the Minister's opinion, the member has become incapable of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(8) A Board member shall be disqualified from holding office and shall cease to be a member of the Board if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

(9) Notice of every appointment of a person to be a Board member or as a Board member and every resignation or removal from office as a Board member shall be published as soon as practicable in Iris Oifigiúil. However, failure to so publish shall not affect any appointment.

Board members and involvement in political matters, etc.

38.—(1) Where a member of the Board—

(a) is nominated as a member of Seanad Éireann,

(b) is nominated to stand as a candidate for election as a member of either House of the Oireachtas or to the European Parliament,

(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or

(d) is or becomes a member of a local authority,

he or she shall thereupon cease to be a member of the Board.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Board or a member of the staff of the Public Appointments Service.

(3) A member of the Board shall be subject to the same restrictions as apply generally to established civil servants above the grade of clerical officer, or its equivalent, in respect of not identifying himself or herself actively or publicly with political matters.

Chief Executive of Service.

39.—(1) There shall be a chief executive officer of the Public Appointments Service who shall be known and is referred to in this Act as the “Chief Executive of the Service”.

(2) The Chief Executive of the Service shall be appointed by the Minister.

(3) The Chief Executive of the Service shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as determined by the Minister.

(4) The person who, immediately before the establishment day for the Public Appointments Service, was the chief executive officer in the offices of the Civil Service Commissioners and the Local Appointments Commissioners shall, if willing, be appointed as the first Chief Executive of the Service.

Functions of Chief Executive of Service.

40.—(1) The Chief Executive of the Service shall—

(a) manage and control generally the staff, administration and business of the Public Appointments Service, and

(b) perform such other functions that are conferred on him or her by or under this Act or as may be determined by the Board.

(2) Without prejudice to the generality of subsection (1), the Chief Executive of the Service shall—

(a) be the recruitment licence holder for the Public Appointments Service,

(b) be responsible to the Board for the performance of his or her functions and the implementation of the Public Appointments Service's policies,

(c) draw up the strategic plan for the Public Appointments Service for consideration and approval by the Board before submitting it to the Minister,

(d) be the accounting officer for the appropriation accounts of the Public Appointments Service for the purposes of the Exchequer and Audit Departments Acts 1866 and 1921 and the Comptroller and Auditor General (Amendment) Act 1993 ,

(e) provide the Board with such information (including financial information) in relation to the performance of his or her functions as the Board may from time to time require,

(f) report periodically to the Board and, from time to time, advise the board on relevant issues,

(g) carry out his or her functions as the Head of the Scheduled Office under the Public Service Management Act 1997 (as amended by Part 1 of Schedule 2),

(h) undertake such other functions of the Public Appointments Service as may be determined by the Board,

(i) in respect of arrangements for competitions for the following posts being organised by the Public Appointments Service, to consult with the Secretary General of the Department of the State as indicated:

(i) city manager or county manager — the Secretary General of the Department of the Environment, Heritage and Local Government,

(ii) chief executive officer of a health board — the Secretary General of the Department of Health and Children, and

(iii) chief executive officer of a vocational education committee — the Secretary General of the Department of Education and Science.

(3) Such of the functions of the Chief Executive of the Service as may from time to time be specified by him or her may, with the consent of the Board, be performed by such member of the staff of the Public Appointments Service as may be authorised by the Chief Executive.

(4) The functions of the Chief Executive of the Service may be performed during his or her absence or when the position of Chief Executive is vacant by such member of the staff of the Public Appointments Service as may from time to time be designated for that purpose by the Board.

Attendance of Chief Executive of Service before Oireachtas Committee.

41.—(1) Subject to subsection (2), the Chief Executive of the Ser vice shall at the request in writing of an Oireachtas Committee attend before it to give account for the general administration of the Public Appointments Service, as may be required by such Committee.

(2) In this section “Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of a Committee as appointed.

Staff of Public Appointments Service.

42.—(1) The Minister shall appoint such and so many persons to be members of the staff of the Public Appointments Service as the Minister from time to time thinks proper.

(2) The grades of the staff of the Public Appointments Service and the members of staff in each grade shall be determined by the Board with the consent of the Minister.

(3) The members of the staff of the Public Appointments Service, including the Chief Executive of the Service, are civil servants of the State.

PART 4

Recruitment Licences and Office Holders

Recruitment licence.

43.—(1) (a) The Commission shall grant a recruitment licence to the Chief Executive of the Service with effect from the establishment day.

(b) Where an application under section 44 has been duly made by a person to hold a recruitment licence then, subject to this section, the Commission may grant a licence to the applicant in respect of some or all of the classes of employees or positions to which the application relates.

(2) The Commission shall only grant a recruitment licence to an applicant if it is satisfied that—

(a) the applicant is an office holder (including a person to whom section 45 (1) relates) for the purposes of section 44 , and

(b) in the context of the public service body concerned, that the applicant can and will observe the appropriate standards and codes of practice.

(3) (a) A recruitment licence granted by the Commission shall—

(i) be capable of identifying the class or classes of employees or the position or positions to which it relates,

(ii) include the terms and conditions set out in paragraph (b), and

(iii) include such other terms and conditions, including any restrictions, as they consider appropriate in the circumstances.

(b) The terms and conditions to be included in a recruitment licence are that the office holder to whom the licence is granted (including any person who, for the time being, is exercising the functions of that office) shall—

(i) in so far as they relate to the licence granted, comply fully with the principles and codes of practice published by the Commission,

(ii) supply any information required from time to time by the Commission and any other body or bodies specified by it,

(iii) co-operate with and comply with any direction which may be duly issued from time to time by the Commission, and

(iv) inform the Commission and any other body or bodies specified by it of the details of proposed recruitment in such manner as the Commission may prescribe.

(4) A licence holder is responsible to the Commission for ensuring that the terms and conditions of the licence and the relevant codes of practice are fully complied with.

(5) The Commission shall, from time to time as it considers appropriate, examine and evaluate, or cause to be examined and evaluated, every licence holder for the purpose of finding out whether or not each of them has complied with the conditions of this section.

Application for recruitment licences by office holders.

44.—(1) Subject to subsection (3), each of the following office holders may apply to the Commission to hold a licence (in this Act referred to as a “recruitment licence”) for the purposes of this Act:

(a) the Secretary General of a Department of State or, where more than one person holds the rank of Secretary General in a Department of State, the Secretary General who is the principal officer of the Department;

(b) the chief executive officer of a health board;

(c) the manager of a county council or city council for the purposes of the Local Government Act 2001 ;

(d) the chief executive officer of a vocational education committee established under the Vocational Education Acts 1930 to 2001;

(e) the Commissioner of the Garda Síochána;

(f) in the case of any other public service body, including any part of the Civil Service to which paragraph (a) does not relate, the person who is the chief executive officer, by whatever name known, of the body concerned.

(2) A recruitment licence may be applied for either generally or in respect of one or more classes of employees or positions.

(3) An application under this section shall not be made in respect of an office declared by a subsisting order under section 2 of the Local Authorities (Officers and Employees) Act 1926 to be an office to which that Act applies.

Supplemental provisions on office holders.

45.—(1) In this Part a reference to an application for a recruitment licence by an office holder includes an application for a recruitment licence by a person who, for the time being, is duly entitled to exercise the functions of the office concerned.

(2) A licence granted to an office holder shall be deemed to be granted to the person who, for the time being, is duly entitled to exercise the functions of the office holder.

(3) A person to whom a licence is deemed to be granted by virtue of subsection (2) shall, as soon as practicable, advise the Commission in writing of that fact and whether or not he or she is in a temporary or acting capacity. A failure to comply with this subsection does not invalidate any act done by the person concerned for the purposes of this Act.

Delegation to Public Appointments Service.

46.—(1) An office holder to whom a licence has been granted may delegate the task of recruitment, or any part of it, which is to be carried out under the licence, to the Public Appointments Service and may so delegate generally or in respect of a particular class or category of post or a particular competition for a post.

(2) Where a delegation in accordance with subsection (1) has been made to carry out selection, the Chief Executive of the Service shall be responsible and not the licence holder concerned for adhering to the terms of the licence, to the extent of the delegation, as if he or she were the office holder concerned in the normal manner.

Recruitment under Act and other competitions, etc.

47.—(1) Recruitment in respect of posts to which this Act applies may only be undertaken—

(a) by the Public Appointments Service or other licence holder concerned,

(b) with the duly given authority of the office holder concerned, and

(c) within the terms and conditions of the recruitment licence concerned.

(2) The Service or other licence holder concerned, as the case may be, shall hold all competitions, examinations, interviews and tests which are for the time being duly required by law to be held by the Service or licence holder concerned.

Instructions to licence holders.

48.—(1) Where the Commission is of the opinion that an aspect of the recruitment process has been or is likely to be compromised, then the Commission may—

(a) issue instructions to the licence holder concerned, and

(b) issue a copy of those instructions to any other person it considers appropriate to issue a copy to.

(2) Nothing in subsection (1) shall be read as permitting an instruction to be issued which has the result of affecting any particular appointment or purported appointment or the recruitment process relating to that appointment or purported appointment.

(3) In issuing instructions to a licence holder under this section, the Commission shall at all times endeavour to ensure that it does not do so in a manner which materially inhibits the carrying out of functions by that licence holder.

Advices to licence holders.

49.—(1) Where the Commission considers it appropriate in any circumstance, it may, from time to time, issue advices to licence holders in respect of the exercise of functions by office holders under this Act. Advices under this section may be issued to one or more licence holders.

(2) Where the Commission issues an advice to a licence holder, the holder shall have regard to it.

(3) Without prejudice to the generality of subsection (1) or to section 13 (1)(b), the Commission may—

(a) issue advices for the purpose of ensuring that the number of licence holders entering the market place for recruitment of persons to the public service at any time, or in close proximity to each other, do not have the effect of negatively distorting the market for such recruitment, and

(b) issue advices to licence holders in circumstances where it believes there is a danger that a disorderly market may emerge.

Licence holders to advise Commission of certain recruitment.

50.—Where a licence holder—

(a) proposes to hold a recruitment competition in respect of a particular grade or grades, and

(b) is of the opinion that—

(i) at or around the same time one or more other licence holders proposes to recruit to one or more of those grades as well, and

(ii) the effect of all such recruitment for one or more of those grades would be to negatively distort the market for such recruitment,

then, the licence holder shall advise the Commission accordingly.

Amendment of recruitment licences.

51.—(1) The Commission may amend a recruitment licence—

(a) at the request of the licence holder,

(b) in accordance with any terms and conditions of the licence,

(c) following an investigation on behalf of the Commission under section 15 in respect of the licence holder concerned,

(d) in respect of the subject matter of any report by the Commission to the Government under section 16 or to the Minister under section 17 ,

(e) where, otherwise than provided for by paragraphs (a) to (d), it is of the opinion that there are serious and urgent reasons necessitating the amendment of the licence.

(2) Where a recruitment process has been commenced by virtue of a recruitment licence and is being undertaken by the office holder or a listed recruitment agency on behalf of the holder, then the Commission may, in relation to the amendment of the licence concerned, make any transitional arrangements that it considers appropriate in the circumstances, including providing that the amended licence shall have effect on different dates in respect of different classes or categories of recruitment.

Revocation of recruitment licences.

52.—(1) Where the Commission forms the opinion that—

(a) a licence holder has failed or is failing to meet the terms and conditions of the recruitment licence concerned granted by them,

(b) since the grant of the recruitment licence, the circumstances relevant to the grant have changed and are such that, if an application for a recruitment licence were made in the changed circumstances, it would be refused,

(c) the licence be revoked following—

(i) an investigation on behalf of the Commission under section 15 in respect of the licence holder concerned, or

(ii) any report by the Commission to the Government under section 16 ,

or

(d) otherwise than provided for by paragraphs (a) to (c), there are serious and urgent reasons necessitating the revocation of the licence,

then, the Commission may revoke the recruitment licence.

(2) (a) A recruitment licence remains in force—

(i) until the operative date in a request to the Commission from the officer holder concerned for it to revoke the recruitment licence or the date of receipt of such a request, whichever is the later, or

(ii) where the Commission decides to revoke a licence in circumstances to which paragraph (b) relates, until the operative date of the revocation.

(b) For the purposes of paragraph (a), where a recruitment process has been commenced by virtue of a recruitment licence and is being undertaken by the office holder or a listed recruitment agency on behalf of the holder, then the Commission may, in relation to the revocation of a licence, make any transitional arrangements that it considers appropriate in the circumstances, including providing that the licence shall be revoked on different dates in respect of different classes or categories of recruitment.

PART 5

Obligations Of Candidates in respect of Recruitment and Selection Procedures

Application (Part 5).

53.—This Part applies to—

(a) the carrying out under this Act of any recruitment and selection of persons for positions within the public service, and

(b) the selection for promotion of civil servants or the staff of any other public service body.

Obligations.

54.—In respect of a competition for a position within the public service, a person shall not—

(a) knowingly or recklessly make an application that is false or misleading in a material respect for the position,

(b) in purported compliance with a requirement for the position, knowingly or recklessly provide any information or documentation that is false or misleading in a material respect,

(c) canvass any person, with or without inducements, on his or her own behalf or on behalf of a candidate for the position,

(d) personate a candidate at any stage of the recruitment and selection process concerned,

(e) knowingly or maliciously obstruct a person engaged in the conduct of the competition or otherwise interfere with the general conduct of that competition,

(f) knowingly and without lawful authority take any action that could result in the compromising of any test material or of any evaluation of it,

(g) interfere improperly with the competition process or competition records so as to confer an advantage or a disadvantage on any candidate.

Offences.

55.—(1) In respect of paragraphs (a) to (g) of section 54 , a person who contravenes any of those paragraphs is guilty of an offence.

(2) A person who knowingly aids, abets, counsels or procures another person to commit any offence under subsection (1) or conspires with another person for the commission of any such offence is guilty of an offence.

(3) A person who is guilty of an offence under this section is liable—

(a) on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.

Supplemental provision to section 55 .

56.—(1) Where in respect of a competition a person has been found guilty of an offence under section 55 and was or is a candidate at the competition then—

(a) where he or she has not been appointed to a position as a result of that competition, he or she shall stand disqualified as a candidate,

(b) where he or she has been appointed to a position as a result of that competition, he or she shall forfeit that appointment.

(2) Notification of forfeiture under subsection (1)(b) shall be given in writing to the person concerned by the office holder concerned.

(3) Nothing in this section shall be read as restricting the imposition of any appropriate sanction including, as a consequence of the application of the procedures referred to in section 13 (1)(g), disqualification or forfeiture.

PART 6

Selection and Promotion

Selection for promotion.

57.—(1) For the purposes of selecting persons for promotion and without prejudice to the generality of functions set out in this Act, the Public Appointments Service shall, at the request of the Minister and after consulting with such other Minister of the Government (if any) as the Minister considers appropriate in the circumstances, hold one or more than one competition from among either or both of the following or any class of either or both—

(a) civil servants, and

(b) the staff of one or more than one other public services body.

(2) In undertaking the conducting of selection procedures for promotion, the Public Appointments Service shall do so in accordance with the codes of practice published by the Commission.

(3) (a) Nothing in subsection (1) shall be read as restricting the due holding, otherwise than under that subsection, of any competition for the purpose of selecting persons for promotion within the public service.

(b) A competition to which paragraph (a) relates shall be subject to so much of any code of practice under section 23 which relates to the selection for promotion to the post concerned.

(4) If requested by one or more public service bodies, the Public Appointments Service may—

(a) assist the body or bodies (as the case may be) in the operation of any selection procedures for promotion, and

(b) undertake any part or all of the promotion competition concerned.

(5) On completion of the selection process the successful candidate or candidates may, subject to subsection (6), be duly appointed to the post or posts concerned.

(6) Subject to subsection (7), a person shall be selected for appointment to a post in the order of merit as determined by the selection process.

(7) A candidate shall not be appointed to a post unless—

(a) he or she agrees to undertake the duties attached to the post concerned and to accept the conditions under which those duties are, or may be required to be, performed, and

(b) he or she is fully competent and available to undertake, and fully capable of undertaking, the duties attached to that position, having regard to the conditions under which those duties are, or may be required to be, performed.

(8) Without prejudice to subsections (1) to (4) the Commission may, after consulting the Chief Executive of the Service and other licence holders concerned, appoint any such other licence holder to carry out selection procedures for the purposes of promotion on such terms and conditions as it sees fit.

(9) Nothing in this section shall be read as affecting the application of the Employment Equality Act 1998 in circumstances where that Act applies.

PART 7

Ministerial Functions

Matters relating to recruitment, etc.

58.—(1) (a) The Minister is responsible for all matters relating to recruitment in the Civil Service, including—

(i) eligibility criteria, staff numbers, grading, pay and all other working conditions of civil servants or any class of them,

(ii) the use or knowledge of the Irish language in the Civil Service or any part of it.

(b) Except where provided for, nothing in this Act shall be read as affecting the functions, under any other Act, of the Minister or any other Minister of the Government in relation to recruitment in any other public service body (or part of it) other than the Civil Service, including—

(i) eligibility criteria, staff numbers, grading, the pay and all other working conditions of staff in the public body concerned, or any class of such staff,

(ii) the use or knowledge of the Irish language in the public body concerned or any class or part of it.

(2) The Minister for the Environment, Heritage and Local Government is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to local authorities and all the conditions of service within local authorities.

(3) The Minister for Health and Children is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to health boards and all other conditions of service within health boards.

(4) The Minister for Education and Science is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to vocational education committees and conditions of service within vocational education committees.

(5) The Minister for Justice, Equality and Law Reform is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to the Garda Síochána.

(6) Where in the Minister's opinion the exercise of functions under subsection (1) would materially relate to the functions of any of the following, then the Minister shall consult with such of the following, as appropriate:

(a) the relevant Minister or Ministers;

(b) the Commission;

(c) the Board;

(d) the Chief Executive of the Service.

(7) Nothing in this section shall be read as affecting any function that the Minister otherwise has in respect of conditions of service relating to pay and all other matters in the public service.

PART 8

Transitional, Repeals and Consequential Amendments

Definition (Part 8).

59.—In this Part “dissolved bodies” means the Civil Service Commissioners and the Local Appointments Commissioners.

Transfer of rights and liabilities and continuance or completion of matters.

60.—(1) On the establishment day and subject to the other provisions of this Part, all rights and liabilities of the dissolved bodies shall—

(a) in so far as they relate only to the conduct of competitions, stand transferred to the Public Appointments Service, and

(b) in every other case, stand transferred to the Commission.

(2) Every right and liability transferred by subsection (1) to—

(a) the Public Appointments Service, or

(b) the Commission,

may be sued on, recovered or enforced by or against the Service or the Commission, as the case may be, in the name of the Service or the Commission, respectively, and it shall not be necessary for the Service or the Commission to give notice to the person whose right or liability is transferred by this section of such transfer.

(3) All legal proceedings pending immediately before the establishment day to which either or both of the dissolved bodies were a party shall continue with the substitution for the dissolved body concerned of the Commission or the Public Appointments Service, as appropriate having regard to subsection (1).

(4) On the establishment day all property including choses-in-action, which immediately before that day was the property of either or both of the dissolved bodies shall stand vested, without any assignment, in—

(a) the Public Appointments Service, in so far as it relates only to the conduct of competitions, and

(b) the Commission in every other case.

(5) Every chose-in-action transferred by subsection (4) to the Commission or the Public Appointments Service may, after the establishment day, be sued on, recovered or enforced by it in the name of the Commission or the Service, respectively, and it shall not be necessary for the Commission or the Service to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(6) Anything commenced but not completed before the establishment day by either or both of the dissolved bodies may be carried on and completed on or after that day—

(a) in so far as it relates only to the conduct of competitions, by the Public Appointments Service, and

(b) in every other case, by the Commission.

Repeals, revocations and amendments.

61.—(1) The Acts referred to in the first and second columns of Part 1 of Schedule 2 are amended or repealed to the extent specified in the third column of that Part opposite the references to the Act concerned.

(2) (a) The statutory instruments set out in the first column of Part 2 of Schedule 2 are amended or revoked to the extent specified in the second column of that Part opposite the reference to the instrument concerned.

(b) The amendment of a statutory instrument by this Act shall not be read as restricting any further amendment of the instrument (including the amendment by this Act) or its revocation in a manner otherwise duly provided for.

Saver for certain regulations and rules.

62.—(1) Where immediately before the establishment day there are in force any regulations made under section 16 or 29 of section 8 of the Local Authorities (Officers and Employees) Act 1926 , then the following shall apply in respect of those regulations—

(a) where the regulations relate to one or more particular competitions for appointment or to one or more particular examinations, then references (express or implied) to either of the dissolved bodies shall, for the purposes of section 60 (6)(a), be construed as references to the Public Appointments Service, and

(b) in every other case—

(i) references (express or implied) to either of the dissolved bodies shall be construed as references to the Commission, and

(ii) the regulations shall be deemed to be codes of practice to which section 23 relates.

(2) Where immediately before the establishment day there are in force any rules made under section 30 of the Civil Service Commissioners Act 1956 then the following shall apply in respect of those rules—

(a) references (express or implied) to the Civil Service Commissioners shall be construed as references to the Commission, and

(b) the rules shall be deemed to be codes of practice to which section 23 relates.

(3) Where immediately before the establishment day there is in force any order under section 2 of the Local Authorities (Officers and Employees) Act 1926 declaring an office to be an office to which that Act applies, then every such order—

(a) shall continue and be deemed to comply with the requirements of that section as amended by this Act, and

(b) may be amended or revoked under that section as so amended.

References to dissolved bodies in enactments.

63.—(1) Where in any enactment there is a reference, however expressed, to either or both of the dissolved bodies, then the reference shall, where appropriate and subject to the other provisions of this Act, be read—

(a) in so far as it relates only to the conduct of competitions, as a reference to the Public Appointments Service, and

(b) in every other case, as a reference to the Commission.

(2) Nothing in this section shall be read as restricting any power duly exercisable to amend or otherwise affect an enactment made under any Act.

Final accounts of dissolved bodies.

64.—(1) Final accounts of the dissolved bodies shall be drawn up by the Chief Executive of the Service as soon as may be after the establishment day in such form as may be approved of by the Minister, and in respect of such period or periods as may be specified by the Minister.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Chief Executive of the Service to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

SCHEDULE 1

Scheduled Occupations

Section 7(3) .

1. Employment in the Civil Service as a services officer, services attendant, night-watchman, cleaner or analogous employment in the Civil Service.

2. Employment outside the State in a clerical or ancillary capacity in offices of the Department of Foreign Affairs.

SCHEDULE 2

Repeals, Revocations and Amendments Relating to Civil Service Commissioners and Local Appointments Commissioners

Section 61 .

PART 1

Repeals and Amendments to Acts

PART 2

Revocations and Amendments to Statutory Instruments

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE