S.I. No. 61/1974:

LOCAL GOVERNMENT (APPOINTMENT OF OFFICERS) REGULATIONS, 1974.

LOCAL GOVERNMENT (APPOINTMENT OF OFFICERS) REGULATIONS, 1974.

The Minister for Local Government in exercise of the powers conferred on him by section 19 of the Local Government Act, 1941 (No. 23 of 1941) and section 14 of the Local Government Act, 1955 (No. 9 of 1955) hereby makes the following Regulations:--

1. These Regulations may be cited as the Local Government (Appointment of Officers) Regulations, 1974.

2. In these Regulations--

"the Act" means the Local Government Act, 1941 ;

"the Minister" means the Minister for Local Government;

"the Manager" means

(i) as respects the corporation of a county borough--the manager for the purposes of the Acts relating to the management of the county borough, and

(ii) as respects the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1972--the manager for the purposes of the said Acts;

"a panel" means a list of persons selected in order of merit as to qualifications and suitability for appointment;

"the competition" includes a joint competition held pursuant to article 7 of these Regulations.

3. These Regulations apply to offices to which the local Government (Officers and Employees) Act, 1926 (No. 39 of 1926) does not apply in relation to which the Minister is the appropriate Minister for the purposes of Part II of the Act.

4. Articles 26, 27 and 28 of the Local Government (Officers) Regulations (S.R. and O, No. 161 of 1943) are hereby revoked in so far as they apply to offices in relation to which the Minister is the appropriate Minister for the purposes of Part II of the Act.

5. Subject to the exception made by article 6 of these Regulations, the following provisions shall apply in relation to the making of appointments to offices to which these Regulations apply:--

( a ) The appointment shall be advertised in the manner specified in directions under article 8 of these Regulations.

( b ) Every person who applies in accordance with the advertisement shall be furnished with particulars of the office specified in any directions under article 8 of these Regulations, the qualifications declared by the Minister for the office, particulars of the procedure by means of which a candidate or candidates will be selected for appointment and such other particulars as the local authority may consider appropriate.

( c ) The person to be appointed shall be selected from among the applicants in accordance with the procedure referred to in paragraph (b) of this article.

( d ) Selection of a candidate for appointment shall, as may be directed under article 8 of these Regulations, be by means of a competition based on a written examination or interview conducted by or on behalf of the local authority or on the results of a certificate examination conducted by or on behalf of the Minister for Education or a combination of the results of such written examination, interview or certificate examination and the competition shall be held in accordance with any directions applicable under article 8 of these Regulations.

( e ) Where, in relation to a class, description or grade of office specified in a direction under article 8 of these Regulations, a local authority decides that it is expedient that a vacant office be filled by appointment from among officers of a category, specified in the said direction, of the local authority or another local authority or a body with which an arrangement has been made for the purposes of this paragraph, the local authority may, subject to any limitations and conditions specified in directions under article 8 of these Regulations and without compliance with paragraphs (a), (b) and (c) of this article invite applications from such officers and select a person for appointment from among such applicants by means of a competition held in accordance with paragraph (d) of this article.

( f ) Where a vacancy occurs in an office of a class, description or grade of office for which a panel has been prepared by the local authority on the basis of a competition held in accordance with paragraph (d) or (e) of this article, the local authority may, subject to any directions under article 8 of these Regulations, appoint the person who is next highest in order on such panel without further advertisement or selection.

( g ) Before making an appointment, the Manager shall satisfy himself in accordance with any directions under article 8 of these Regulations that the person to be appointed possesses all the qualifications for and is otherwise suitable for appointment to the office and shall certify in writing that he is so satisfied. Where the Manager is unable to give such a certificate in respect of any person placed higher in order of merit than the person appointed, he shall notify the Minister giving the reasons for his inability to give the certificate.

( h ) The person to be appointed shall be the best qualified and most suitable person, as determined in accordance with paragraph (d) or (e) of this article, in respect of whom a certificate is given by the Manager under paragraph (g) of this article and who is available for appointment.

( i ) The local authority shall require a person to whom an appointment is offered to take up such appointment within a period of not more than one month and if he fails to take up the appointment within such period or such longer period as the local authority in its absolute discretion may determine, the local authority shall not appoint him.

6. Subject to any directions under article 8 of these Regulations, a local authority may, without complying with article 5 of these Regulations, appoint to a vacant office a person who, at the time the vacancy occurs, is the holder in a permanent capacity under another local authority or a health board of an office of the same class, description or grade. Such an appointment shall not be made without the prior consent of the local authority or health board under which the said person holds such office.

7. A local authority may, subject to any directions under article 8 of these Regulations, make an arrangement with another local authority or body for the purposes of holding a joint competition and making appointments under article 5 of these Regulations.

8. The Minister may give directions in relation to all offices or to offices of a class, description or grade of office for the purposes of supplementing and giving effect to paragraphs (a), (b), (d), (e), (f) and (g) of article 5, and articles 6 and 7 of these Regulations.

GIVEN under the Official Seal of the Minister for Local Government

this 12th day of March, 1974.

JAMES TULLY,

Aire Rialtais Áitiúil.

EXPLANATORY NOTE.

These regulations which replace articles 26, 27 and 28 of the Local Government (Officers) Regulations, 1943 apply to the making of appointments by local authorities to offices for which the Minister for Local Government is the appropriate Minister and which are made otherwise than on the recommendation of the Local Appointments Commission. Except where the appointment by transfer of an officer of the same grade under a local authority or health board is involved, the regulations require that all appointments be made following selection by means of a competition. The regulations prescribe the procedures by which candidates are selected and appointed.