Public Service Management (Recruitment and Appointments) Act 2004

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Number 33 of 2004


PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day order.

4.

Dissolution of Civil Service Commissioners and Local Appointments Commissioners.

5.

Application.

6.

Extension of application by order.

7.

Excluded positions generally.

8.

Excluded unestablished positions.

9.

Expenses.

10.

Fees.

PART 2

Commission For Public Service Appointments

Chapter 1

The Commission

11.

Establishment of Commission.

12.

Number of commissioners.

13.

Functions of Commission.

14.

Duty to inform Commission of certain matters.

15.

Investigations on behalf of Commission.

16.

Report to Government.

17.

Report to Minister.

18.

Statement of strategy of Commission.

19.

Annual report of Commission.

20.

Seal of Commission, etc.

21.

Declaration of interests by commissioners.

22.

Disclosure of interests by commissioners.

Chapter 2

Codes of practice, listed recruitment agencies, etc.

23.

Codes of practice.

24.

Codes of practice and requirements for appointment, etc.

25.

Listed recruitment agencies.

26.

Tax clearance certificates.

Chapter 3

Office of the Commission

27.

Office of the Commission.

28.

Director.

29.

Director to be accounting officer.

30.

Functions of Director.

31.

Attendance of Director before Oireachtas Committee.

32.

Staff of Office of Commission.

PART 3

Public Appointments Service

33.

Establishment of Public Appointments Service.

34.

Functions of Public Appointments Service.

35.

Statement of strategy of Public Appointments Service.

36.

Board of Public Appointments Service.

37.

Appointment and terms of office of members of Board.

38.

Board members and involvement in political matters, etc.

39.

Chief Executive of Service.

40.

Functions of Chief Executive of Service.

41.

Attendance of Chief Executive of Service before Oireachtas Committee.

42.

Staff of Public Appointments Service.

PART 4

Recruitment Licences and Office Holders

43.

Recruitment licences.

44.

Application for recruitment licences by office holders.

45.

Supplemental provisions on office holders.

46.

Delegation to Public Appointments Service.

47.

Recruitment under Act and other competitions, etc.

48.

Instructions to licence holders.

49.

Advices to licence holders.

50.

Licence holders to advise Commission of certain recruitment.

51.

Amendment of recruitment licences.

52.

Revocation of recruitment licences.

PART 5

Obligations of Candidates in Respect of Recruitment and Selection Procedures

53.

Application (Part 5).

54.

Obligations.

55.

Offences.

56.

Supplemental provision to section 55.

PART 6

Selection and Promotion

57.

Selection for promotion.

PART 7

Ministerial Functions

58.

Matters relating to recruitment, etc.

PART 8

Transitional, Repeals and Consequential Amendments

59.

Definition (Part 8).

60.

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

61.

Repeals, revocations and amendments.

62.

Saver for certain regulations and rules.

63.

References to dissolved bodies in enactments.

64.

Final accounts of dissolved bodies.

SCHEDULE 1

Scheduled Occupations

SCHEDULE 2

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

PART 1

Repeals and Amendments to Acts

PART 2

Revocations and Amendments to Statutory Instruments


Acts Referred to

Agricultural Appeals Act 2001

2001, No. 29

Arts Act l973

1973, No. 33

Aviation Regulation Act 2001

2001, No. 1

Canals Act l986

1986, No. 3

Civil Legal Aid Act l995

1995, No. 32

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Act l956

1956, No. 46

Civil Service Regulation Acts 1956 and l958

Civil Service Regulation Acts 1956 to 1996

Company Law Enforcement Act 2001

2001, No. 28

Competition Act 1991

1991, No. 24

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Consumer Information Act 1978

1978, No. 1

Courts Service Act 1998

1998, No. 8

Coroners Act 1962

1962, No. 9

Data Protection Act 1988

1988, No. 25

Defence Act 1954

1954, No. 18

Education Act 1998

1998, No. 51

Electricity (Supply) Act 1927

1927, No. 27

Employment Agency Act 1971

1971, No. 27

Employment Equality Act 1977

1977, No. 16

Employment Equality Act 1998

1998, No. 21

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Exchequer and Audit Departments Acts 1966 and 1921

Finance Act 2002

2002, No. 5

Fisheries Act 1980

1980, No. 1

Freedom of Information Act 1997

1997, No. 13

Garda Síochána (Complaints) Act 1986

1986, No. 29

Harbours Act 1946

1946, No. 9

Health Act 1953

1953, No. 26

Health Act 1970

1970, No. 1

Health (Amendment) (No. 3) Act 1996

1996, No. 32

Health (Corporate Bodies) Act l961

1961, No. 27

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Human Rights Commission Act 2000

2000, No. 9

Illegal Immigrants (Trafficking) Act 2000

2000, No. 29

Industrial Relations Act 1969

1969, No. 14

Industrial Relations Act 1990

1990, No. 19

Law Reform Commission Act 1975

1975, No. 3

Local Authorities (Officers and Employees) Act 1926

1926, No. 39

Local Authorities (Officers and Employees) Acts 1926 and 1940

Local Authorities (Officers and Employees) Acts 1926 to 1983

Local Authorities (Officers and Employees) Act 1983

1983, No. 1

Local Government Act 1955

1955, No. 9

Local Government Act 1991

1991, No. 11

Local Government Act 1998

1998, No. 16

Local Government Act 2001

2001, No. 37

Local Government Services (Corporate Bodies) Act 1971

1971, No. 6

National Archives Act 1986

1986, No. 11

National Gallery Establishment (1854)

17 & 18 Vict., c. 99

National Treasury Management Agency (Amendment) Act 2000

2000, No. 39

Official Languages Act 2003

2003, No. 32

Ombudsman Act 1980

1980, No. 26

Patents Act 1992

1992, No. 1

Private Security Services Act 2004

2004, No. 12

Prompt Payments Accounts Act 1997

1997, No. 31

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

Public Service Management Act 1997

1997, No. 27

Refugee Act 1996

1996, No. 17

Registration of Title Act 1964

1964, No. 16

Road Traffic Act 1961

1961, No. 24

Road Traffic Act 2002

2002, No. 12

Sea Fisheries Act 1952

1952, No. 7

Staff of the Houses of the Oireachtas Act 1959

1959, No. 38

Statistics Act 1993

1993, No. 21

Statutory Instruments Acts 1947 and 1955

Superannuation Act 1859

22 Vict., c. 26

Superannuation Act 1942

1942, No. 24

Superannuation Acts 1834 to 1963

Superannuation and Pensions Act 1976

1976, No. 22

Taxes Consolidation Act 1997

1997, No. 39

Taxi Regulation Act 2003

2003, No. 25

Telecommunications (Miscellaneous Provisions) Act 1996

1996, No. 34

Turf Development Act 1946

1946, No. 10

Valuations Act 2001

2001, No. 13

Vocational Education Act 1930

1930, No. 29

Vocational Education Acts l930 to 2001

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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: