Public Service Management (Recruitment and Appointments) Act 2004


Number 33 of 2004


PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

REVISED

Updated to 10 September 2019


This Revised Act is an administrative consolidation of the Public Service Management (Recruitment and Appointments) Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including the Judicial Council Act 2019 (Commencement) Order 2019 (S.I. No. 457 of 2019), made 9 September 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 33 of 2004


PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

REVISED

Updated to 10 September 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Judicial Council Act 2019 (33/2019)

Road Traffic Act 2016 (21/2016)

Competition and Consumer Protection Act 2014 (29/2014)

Local Government Reform Act 2014 (1/2014)

Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (47/2013)

Education and Training Boards Act 2013 (11/2013)

Ombudsman (Amendment) Act 2012 (38/2012)

Inland Fisheries Act 2010 (10/2010)

Civil Service Regulation (Amendment) Act 2005 (18/2005)

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Public Service Management (Recruitment and Appointments) Act 2004 (Extension of Application to the Position of Director of the Decision Support Service within the Mental Health Commission) Order 2016 (S.I. No. 535 of 2016)

Public Service Management (Recruitment and Appointments) Act 2004 (Extension of application to the Policing Authority) Order 2016 (S.I. No. 230 of 2016)

Public Service Management (Sick Leave) (Amendment) Regulations 2015 (S.I. No. 384 of 2015)

Public Service Management (Sick Leave) Regulations 2014 (S.I. No. 124 of 2014)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Public Service Management (Recruitment and Appointments) Act 2004 (Extension of Application to Health Information and Quality Authority) Order 2007 (S.I. No. 551 of 2007)

Public Service Management (Recruitment and Appointments) Act 2004 (Establishment Day) Order 2004 (S.I. No. 915 of 2004)

All statutory instruments up to and including Judicial Council Act 2019 (Commencement) Order 2019 (S.I. No. 457 of 2019), made 9 September 2019, were considered in the preparation of this revision.


Number 33 of 2004


PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

REVISED

Updated to 10 September 2019


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.

34A.

Additional 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 6A

Redeployment

57A.

Interpretation of Part and operation of designations under it.

57B.

Power to designate certain staff for redeployment.

57C.

Terms and conditions of redeployment.

57D.

Matters to be considered.

57E.

Exclusions.

57F.

Records.

PART 7

Ministerial Functions

58.

Matters relating to recruitment, etc.

PART 7A

sick leave renumeration

58A.

Interpretation of Part.

58B.

Regulations concerning payment of remuneration during sick leave.

58C.

Application of Part.

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


Number 33 of 2004


PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

REVISED

Updated to 10 September 2019


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.

[6 th October, 2004)

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (10.09.2019) by Judicial Council Act 2019 (33/2019), s. 32(5), S.I. No. 457 of 2019.

Secretary to Council

32. — ...

(5) The Public Service Management (Recruitment and Appointments) Act 2004 shall not apply to the appointment of a person as the Secretary.

C2

Term “personal data” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 165, S.I. No. 174 of 2018.

Reference to personal data in enactment

165. Subject to this Act, a reference in any enactment to personal data within the meaning of the Act of 1988 shall be construed as including a reference to personal data within the meaning of—

(a) the Data Protection Regulation, and

(b) Part 5.

C3

Application of Act restricted by Road Traffic Act 2010 (25/2010), s. 42(1)(c), as amended (1.07.2017) by Road Traffic Act 2016 (21/2016), s. 36(d), S.I. No. 242 of 2017.

Traffic wardens.

42.— ...

(c) Neither the [Public Service Management (Recruitment and Appointments) Act 2004 ] nor the Civil Service Regulation Act 1956 apply to the position of traffic warden.

C4

Application of Act extended (5.05.2016) by Public Service Management (Recruitment and Appointments) Act 2004 (Extension of application to the Policing Authority) Order 2016 (S.I. No. 230 of 2016), in effect as per art. 1(2).

Application

2. To the extent that the recruitment and appointment provisions of the Public Service Management (Recruitment and Appointments) Act 2004 (No. 33 of 2004) do not apply in respect of the Policing Authority, that Act applies in respect of positions or class of positions within that Authority.

C5

Application of Act restricted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 12(6, (7), (17), S.I. No. 366 of 2014.

Membership of Commission

12. ...

(6) Subject to subsection (7), the members of the Commission shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and appointed by the Minister.

(7) Subsection (6) does not apply to—

(a) a person to whom subsection (1) or (2) applies,

(b) an appointment under paragraph (b) or (c) of subsection (3) or the reappointment under that subsection of a person as a member of the Commission, or

(c) an appointment under subsection (5) of a person as a member of the Commission.

...

(17) Subject to subsection (6), the Public Service Management (Recruitment and Appointments) Act 2004 shall not apply to the office of a member.

...

C6

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 33 of 2004

Public Service Management (Recruitment and Appointments) Act 2004

The whole Act

...

...

...

C7

Application of Act restricted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 82(3), commenced as per s. 5(2) and S.I. No. 262 of 2010.

Powers of Minister in operating a fishery.

82.— ...

(3) The Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 and 1958 do not apply to any person employed or appointed by the Minister under this section.

C8

Application of Act extended (15.08.2007) by Public Service Management (Recruitment and Appointments) Act 2004 (Extension of Application to Health Information and Quality Authority) Order 2007 (S.I. No. 551 of 2007), art. 2, in effect as per art. 1(2).

2. To the extent that the recruitment and appointment provisions of the Public Service Management (Recruitment and Appointments) Act 2004 (No. 33 of 2004) do not apply in respect of the Health Information and Quality Authority, that Act applies in respect of positions within that Authority.