Fisheries Act, 1980
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Certain offices etc. to be filled through Local Appointments Commission. |
27.—(1) Subject to subsection (2) hereof, this section applies to the following offices and employments, namely: | |
(a) the chief office under the Central Board, | ||
(b) the chief office under a regional board, | ||
(c) every office and every employment, other than a part-time or temporary employment, under the Central Board or a regional board the qualifications for which are wholly or in part professional, | ||
(d) any other office or employment under the Central Board or a regional board as the Minister shall from time to time, with the concurrence of the Minister for the Public Service and the Commissioners, declare to be an office or employment to which this section applies. | ||
(2) This section shall not be construed as applying to a transfer effected by section 29 or 30 of this Act or to a case in which— | ||
(a) a person is transferred— | ||
(i) from an office or employment under the Central Board to an office or employment under a regional board, or | ||
(ii) from an office or employment under a regional board to an office or employment under the Central Board, or | ||
(iii) from an office or employment under one regional board to an office or employment under another regional board, | ||
and, | ||
(b) the duties attached to the office or employment from which the person is so transferred are similar or analogous to the duties attached to the office or employment to which the person is so transferred. | ||
(3) Every question or dispute as to whether— | ||
(a) a particular office or employment is or is not an office or employment to which this section applies, or | ||
(b) whether a transfer is or is not one to which subsection (2) of this section relates, shall be determined by the Minister after consultation with the Commissioners. | ||
(4) Subject to subsection (2) of this section, in case the Central Board or a regional board proposes to make an appointment to an office or employment to which this section applies, the board shall first request the Commissioners to recommend to it a person for appointment to such office or employment and the Commissioners on receiving such request shall if they so think proper select and recommend under and in accordance with the Act of 1926 to the board a person for appointment to such situation, and the board on receiving from the Commissioners such recommendation shall, subject to the approval required by section 25 (1) of this Act, appoint to such office or employment the person so recommended by the Commissioners. | ||
(5) The Central Board or a regional board shall pay to the Commissioners out of the moneys at its disposal such expenses in respect of the selection and recommendations by the Commissioners under this section to fill offices or employments under the board as shall be fixed by the Commissioners. | ||
(6) Every sum received by the Commissioners under this section shall be deemed for the purposes of section 12 (2) (b) of the Act of 1926 to be a fee paid to the Commissioners under that Act. | ||
(7) In this section and in section 28 of this Act “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 ; | ||
“the Commissioners” means the Local Appointments Commissioners. |