Public Service Management (Recruitment and Appointments) Act 2004

• (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:

• F18[(i) chief executive of a local authority, the Secretary General of the Department of the Environment, Community and Local Government,]

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

• F19[(iii) the chief executive of an education and training board — the Secretary General of the Department of Education and Skills.]

• (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.

41. 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.

42. 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

43. 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.

44. 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;

• F20[(c) the chief executive of a local authority for the purposes of the Local Government Act 2001;]

• F21[(d) the chief executive of an education and training board,]

• (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.

45. 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.

46. 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.

47. 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.

48. 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.

49. 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.

50. 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.

51. 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.

52. 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

53. 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.

54. 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.

55. 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.

56. 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

57. 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 6A Redeployment]

57A. F23[Interpretation of Part and operation of designations under it.

57A.—(1) In this Part—

• (a) "basic pay" means, in relation to the person the subject of the designation concerned, the amount of the person’s pay or salary, by virtue of the position held in the public service body, by the person immediately before the redeployment day, other than amounts in respect of—

• (i) specific work or a specific duty undertaken,

• (ii) unsocial or atypical hours worked,

• (iii) shift work,

• (iv) piece work, or

• (v) overtime;

• (b) "employee" includes an officer and the holder of a position;

• (c) "public service body" means—

• (i) the Civil Service,

• (ii) that category of persons referred to in section 30(g) of the Defence Act 1954, namely civilians employed thereunder by the Minister for Defence,

• (iii) a local authority within the meaning of the Local Government Act 2001,

• (iv) the Health Service Executive,

• (v) an education and training board,

• (vi) any other body (other than a body referred to in Schedule 3 (inserted by the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013)) established—

• (I) by or under an enactment (other than the Companies Acts), or

• (II) under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

• (vii) any other body (other than a body referred to in Schedule 3) that is wholly or partly funded directly or indirectly out of monies provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

• (viii) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997) by, a body to which subparagraph (iii), (iv), or (vi) relates and in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

and reference to "public service" shall be read accordingly;

• (d) "recognised trade union or staff association" means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees of public service bodies;

• (e) "redeployment day" shall be read in accordance with subsection (2); and

• (f) a reference to a person’s being redeployed to a position is a reference to the appointment of the person to the position as provided for by subsection (2).

• (2) The designation, pursuant to this Part, of an employee for his or her redeployment to a position in another public service body operates, from the date that is specified in the designation in that behalf (in this Act referred to as the ‘redeployment day’), to effect the appointment of the person (subject to and as provided for in this Part) to that position; and such an appointment shall be deemed to have been made by that public service body.

• (3) The functions conferred on the Public Appointments Service by this Part are performable notwithstanding the provisions of any other enactment and, in particular, the fact that the person, the subject of a designation under section 57B, is an employee of a public service body by virtue of the exercise of powers conferred by any other enactment.]

57B. F24[Power to designate certain staff for redeployment.

57B.—(1) The Public Appointments Service may designate an employee of a public service body for redeployment to a position in another public service body, being a position that is, in the opinion of the Public Appointments Service, comparable to the position held by the employee before the redeployment day.

• (2) Where a person who is designated under subsection (1) holds a position by virtue of a contract that is one for a definite period, he or she shall, on the redeployment day, be redeployed to such position in the specified public service body for the period which remains unexpired under the contract.

• (3) A designation under subsection (1) shall be in writing and shall specify a day to be the redeployment day.

• (4) A designation under subsection (1) shall be to a position that has been approved by the Minister for the purpose before the making of the designation.]

57C. F25[Terms and conditions of redeployment.

57C.—(1) Save—

• (a) in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned or an agreement negotiated with the person concerned, or

• (b) as provided for by law,

the pay of a person, the subject of a designation under section 57B, shall not be less than the basic pay to which he or she was entitled immediately before the redeployment day.

• (2) The previous service with a public service body of a person designated for redeployment under section 57B shall be reckonable for the purposes of, but subject to, any exceptions or exclusions in:

• (a) the Redundancy Payments Acts 1967 to 2012;

• (b) the Protection of Employees (Part-Time Work) Act 2001;

• (c) the Protection of Employees (Fixed-Term Work) Act 2003;

• (d) the Organisation of Working Time Act 1997;

• (e) the Terms of Employment (Information) Acts 1994 to 2012;

• (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

• (g) the Unfair Dismissals Acts 1977 to 2007;

• (h) the Maternity Protection Acts 1994 and 2004;

• (i) the Parental Leave Acts 1998 and 2006;

• (j) the Adoptive Leave Acts 1995 and 2005; and

• (k) the Carer’s Leave Act 2001.

• (3) The provisions of a superannuation scheme or arrangement that immediately before the redeployment day govern the conditions applicable to or in respect of a person designated for redeployment under section 57B shall—

• (a) save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, and

• (b) subject to subsections (4) and (5),

continue to apply to or in respect of that person.

• (4) Notwithstanding subsection (3), a provision of a superannuation scheme or arrangement or collective agreement referred to in subsection (3) shall only have effect for the purpose of that subsection if it has been approved either—

• (a) by the Minister, or

• (b) by another Minister of the Government with the consent or concurrence of the Minister.

• (5) Notwithstanding subsection (3)—

• (a) the age at which superannuation benefits are payable, and

• (b) the rate to be applied in respect of the accrual of service,

in relation to service that occurs after the redeployment day shall be those applicable in respect of the position to which the person is designated for redeployment. Service that occurs before the redeployment day shall be reckonable in accordance with the terms of the policy for the time being of the Minister with regard to transfer of service arrangements.

• (6) Where the provisions of a superannuation scheme or arrangement referred to in subsection (3) confer a power to exercise a discretion that power shall, on and after the redeployment day, be exercisable by the public service body to which the person concerned is redeployed, by the trustees of the superannuation scheme of that body, or by the Minister, as appropriate.

• (7) Unless the Minister consents in writing to other arrangements, the pension payments and other superannuation liabilities in respect of a person redeployed following a designation under section 57B shall become, on the redeployment day, the liabilities of the superannuation scheme or arrangement of the public service body to which he or she is redeployed, and such a person shall become a member of the relevant superannuation scheme or arrangement of that body (which scheme or arrangement shall, in relation to that person, be deemed to stand amended in such respects as are necessary to take account of any conditions that apply to or in respect of that person by virtue of subsection (3)).

• (8) If such is not the case immediately before the redeployment day, a person redeployed under section 57B to a position in the civil service shall, from that day, be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 and 2001.]

57D. F26[Matters to be considered.

57D.—When making a designation under section 57B, the Public Appointments Service shall have regard to the following:

• (a) the competencies and qualifications of the public service employee concerned, or of the general class of employee to which he or she belongs, as well as those competencies and qualifications required for the position, or general class of position, in respect of which the designation is to be made;

• (b) the basic pay of the public service employee immediately before the redeployment day and the pay applicable to the position in respect of which a designation is to be made;

• (c) the terms of any policy for the time being of the Minister, and, in so far as not inconsistent with that policy, any collective agreement negotiated with any recognised trade union or staff association concerned, relating to mobility or redeployment of public service employees; and

• (d) such other matters relating to the recruitment, assessment, selection and employment policies, procedures and practices of any relevant public service employer concerned as it considers necessary.]

57E. F27[Exclusions.

57E.—(1) Without prejudice to subsection (2), this Part does not apply to the following:

• (a) the President;

• (b) a member of either House of the Oireachtas;

• (c) a member of the European Parliament for a constituency in the State, being a member who is in receipt of the salary specified in section 2(2) of the European Parliament (Irish Constituency Members) Act 2009;

• (d) the holder of a qualifying office, within the meaning of section 13 (amended by section 11 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001) of the Ministerial and Parliamentary Offices Act 1938;

• (e) to the extent not otherwise provided by this subsection, an office holder within the meaning given to "office holder" by section 2 of the Ethics in Public Office Act 1995 for the purposes of that Act;

• (f) the position of special adviser within the meaning of section 19 of the Ethics in Public Office Act 1995;

• (g) the position of an officer of the Houses of the Oireachtas;

• (h) a position the appointment to which is made by the President;

• (i) to the extent not otherwise provided by this subsection, an office holder under the Constitution;

• (j) to the extent not otherwise provided by this subsection, a member of the Permanent Defence Force;

• (k) to the extent not otherwise provided by this subsection, a member of the Garda Síochána;

• (l) a position the appointment to which is made by the Government;

• (m) to the extent not otherwise provided by this subsection, a 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;

• (n) staff of the Central Bank of Ireland;

• (o) staff of the National Treasury Management Agency;

• (p) an Appeal Commissioner under section 850 of the Taxes Consolidation Act 1997.

• (2) The Minister may, having regard to the policy for the time being of the Government on the allocation of human and financial resources to different sectors of the public service, by order declare that this Part shall not apply to one or more public service bodies specified in the order and this Part shall accordingly not apply to the public service body or bodies specified in such an order that is in force.]

57F. F28[Records.

57F.—(1) The public service body from which the person concerned is, or is proposed, to be redeployed shall, on being requested to do so by the Public Appointments Service, process personal data in relation to that person, and disclose them to the Public Appointments Service, where such processing and disclosure is reasonably necessary for the purpose of the exercise by the latter of its powers under this Part in relation to that person.

• (2) The public service body from which the person concerned has been redeployed shall, on being requested to do so by the public service body to which that person has been redeployed, process personal data in relation to that person, and disclose them to the latter body, where such processing and disclosure is reasonably necessary for the purpose of—

• (a) the exercise by the latter, as employer of him or her, of its powers in relation to that person, or

• (b) the carrying out by the latter, as employer of him or her, of its duties in relation to that person.]

PART 7 Ministerial Functions

58. 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 F29[education and training boards] and conditions of service within F29[education and training boards].

• (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 7A Sick Leave Remuneration]

58A. F31[Interpretation of Part.

58A.— (1) In this Part—

"condition" includes, if the Minister so determines and makes (whether in respect of the whole of a period claimed to be sick leave or portion of such a period) provision in that behalf in the regulations concerned, a condition that a medical practitioner of a class specified in the regulations certify in writing that the public servant concerned is unable to attend to his or her duties due to illness or injury;

"public service body" means—

• (a) the Civil Service,

• (b) that category of persons referred to in section 30(g) of the Defence Act 1954, namely civilians employed thereunder by the Minister for Defence,

• (c) the Garda Síochána,

• (d) a local authority within the meaning of the Local Government Act 2001,

• (e) the Health Service Executive,

• (f) an education and training board,

• (g) to the extent not otherwise provided by this definition, any other body (other than a body referred to in Schedule 3 (inserted by the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013)) established—

• (i) by or under an enactment (other than the Companies Acts), or

• (ii) under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

• (h) any other body (other than a body referred to in Schedule 3) that is wholly or partly funded directly or indirectly out of monies provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

• (i) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997) by, a body to which paragraph (d), (e) or (g) relates and in respect of which a pre-existing public service pension scheme exists or applies or may be made;

"public servant" means—

• (a) an employee or officer of, or the holder of a position in, a public service body,

• (b) to the extent not otherwise provided by this definition, a person holding a position the appointment to which is made by the Government,

• (c) an officer of the Houses of the Oireachtas,

• (d) the Ombudsman, or

• (e) the Comptroller and Auditor General;

"relevant person" means a public servant falling within a class of public servants specified in the regulations concerned;

"sick leave" means a case in which a public servant is unable to attend to his or her duties due to illness or injury.]

58B. F32[Regulations concerning payment of remuneration during sick leave.

58B.—(1) Without prejudice to subsection (5) and subject to subsections (2) and (7), the Minister may make regulations providing for the payment of remuneration, in circumstances specified in the regulations and subject to such conditions as are specified therein, to a relevant person during a period of sick leave on his or her part, and that remuneration shall be (as the Minister determines and specifies in the regulations)—

• (a) the whole amount of the remuneration that would otherwise accrue to the person,

• (b) a percentage specified in the regulations of the whole amount referred to in paragraph (a), or

• (c) in respect of an initial number of hours, days or weeks of sick leave on the part of that person occurring, in a given period, the whole amount referred to in paragraph (a) and then, in respect of a number of hours, days or weeks of sick leave on that person’s part (whether they are a continuation of the initial occurrence of sick leave in that period or are a separate occurrence of such leave in that period) a percentage specified in the regulations of that whole amount.

• (2) Regulations under subsection (1) shall contain a provision that no remuneration shall be paid in respect of any part of a number of hours, days or weeks of sick leave (on the relevant person’s part) that exceeds a number, specified in the regulations, of hours, days or weeks of sick leave (on that person’s part) that may occur in a given period.

• (3) Each of the references in subsection (1)(c) to a number of hours, days or weeks, and each reference in subsections (1) and (2) to a given period, is a reference to a number of hours, days or weeks or, as the case may be, a period that the Minister determines and specifies in the regulations for the purpose of the particular provision concerned.

• (4) In making regulations under subsection (1), the Minister shall have regard to—

• (a) the need to limit the circumstances in which the public service bodies can undertake the commitment of financial resources in making payments in cases in which they are unable to receive the benefit of the services of their public servants,

• (b) the resources available, for the time being, to the Exchequer to pay the remuneration of public servants,

• (c) without prejudice to paragraph (b), the obligations of the State under the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union done at Brussels on 2 March 2012,

• (d) with respect to the specification of conditions for an entitlement to be paid remuneration during a period of sick leave, the desirability of having in place a satisfactory means of verifying that the public servant concerned is unable to attend to his or her duties due to illness or injury, and

• (e) the need to protect the health of public servants,

whilst taking account of the desirability of there being a measure of provision, as appears to the Minister to be appropriate and just, for making payments to public servants who are unable to attend to their duties due to illness or injury.

• (5) Regulations under subsection (1) may provide in exceptional cases (that is to say cases defined in the regulations by reference to the serious nature of an illness or injury that has occasioned a relevant person’s being on sick leave (which may extend, if the Minister considers appropriate, to the circumstances involving a period of the person’s rehabilitation following an illness or injury of that nature)) and notwithstanding the provision otherwise made by the regulations, for all or any of the following:

• (a) that there may be paid to the person remuneration, in respect of the time of his or her sick leave, for a period longer than would otherwise be the case under the regulations;

• (b) that there may be paid to the person remuneration, in respect of a particular period of the time of his or her sick leave, of an amount that is greater than the percentage (of the whole amount referred to in subsection (1)(a)) specified in the regulations under subsection (1)(b) or (c);

• (c) that the provisions of the regulations shall operate subject to such other modifications as the Minister determines and specifies in the regulations, which may include provision—

• (i) limiting the total period in respect of which, in a foregoing case, remuneration may be paid to a relevant person, or

• (ii) conferring a power on a person specified in the regulations to determine, in a foregoing case, that after the lapse of a particular period of the time of a relevant person’s sick leave, no further remuneration shall be paid in respect thereof.

• (6) Regulations under this section—

• (a) may contain such incidental, supplementary or consequential provisions as the Minister considers appropriate, including provisions delegating to the public service body concerned the determination of any matter in respect of which the regulations provide that a determination shall be made, in particular a determination—

• (i) as to whether an illness or injury is of a serious nature,

• (ii) as to what is an appropriate period of rehabilitation in the circumstances concerned, and

• (iii) as to what is satisfactory certification, in writing, by a medical practitioner of any relevant matter; and

• (b) may—

• (i) if the regulations apply in respect of more than one class of public servant, make different provision for the different classes of public servant to which the regulations apply, and

• (ii) otherwise make different provision for different classes of case.

• (7) Where, before the commencement of section 7 of the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013, a period of sick leave, on a relevant person’s part, has begun and continues after the commencement of that section, the arrangements that were in existence before the commencement of that section in respect of the payment of remuneration to that person during his or her sick leave shall continue to apply in respect of so much of that period of sick leave as falls after that commencement and regulations under this section shall not apply to that person until such time as he or she is able again to attend to his or her duties.

• (8) For the avoidance of doubt, nothing in this section prejudices the operation of the Social Welfare Acts or instruments made thereunder.

• (9) Every regulation 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 regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

58C. F33[Application of Part.

58C.—This Part has effect notwithstanding—

• (a) any provision made by or under—

• (i) any other Act,

• (ii) any statute or other document to like effect of a university or other third level institution,

• (iii) any circular or instrument or other document,

• (iv) any written agreement or contractual arrangement,

or

• (b) any verbal agreement, arrangement or understanding or any expectation.]

PART 8 Transitional, Repeals and Consequential Amendments

59. Definition (Part 8).

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

60. 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.

61. 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.

62. 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 the Civil Service Commissioners Act 1956 or 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.

63. 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.

64. 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).

SCHEDULE 2 Repeals, Revocations and Amendments Relating to Civil Service Commissioners and Local Appointments Commissioners

Section 61.

PART 1 Repeals and Amendments to Acts