Local Government Act 2001

Qualifications for employment.

160

160.—(1) ( a) The appropriate Minister may declare qualifications of such classes and descriptions as he or she thinks fit for a specified employment under a local authority or for such of the employments as belong to a specified class, description or grade.

( b) Before declaring under this section qualifications for any employment under a local authority to which the Local Authorities (Officers and Employees) Acts, 1926 to 1983, apply, the appropriate Minister shall consult with the F226 [ Commission for Public Service Appointments ].

( c) A person is not to be appointed to any employment under a local authority for which qualifications are for the time being declared under this section unless he or she possesses those qualifications.

( d) For the purposes of this section, the fact that a person F226 [ has been recommended for appointment by the Chief Executive of the Public Appointments Service ] to any employment shall be conclusive evidence, in the absence of fraud, that he or she possessed at the time of such recommendation the qualifications for the time being declared under this section for such employment.

( e) Where the appropriate Minister declares under this section qualifications for a specified employment, additional qualifications for that employment are not to be fixed by a local authority without the consent of the appropriate Minister.

(2) ( a) The Minister may, by order (in this section referred to as a “transfer order”), provide that declarations of qualification which would otherwise properly be made by him or her under this section for employments specified in the transfer order shall be made by the Board.

( b) Whenever a transfer order is in operation, the Board has the power to amend any qualifications previously declared by the Minister in relation to any employment to which the order relates.

( c) A transfer order shall not prejudice the right of the Minister to make or amend any qualifications declared under this section.

( d) Where the Board declares qualifications by virtue of a transfer order, such declaration has effect as if it had been made by the Minister.

( e) The revocation of a transfer order by the Minister does not affect any existing qualifications declared by the Board unless otherwise expressly provided for in the order.

(3) ( a) Notwithstanding subsections (1) and (2), a local authority may, from time to time, fix qualifications for any employment provided a declaration under subsection (1) in relation to such employment is not in force.

( b) Whenever qualifications are declared under this section by the appropriate Minister, or by the Board by virtue of a transfer order, in relation to a particular employment, any qualifications previously fixed by a local authority in relation to such employment shall cease to have effect.

(4) ( a) Any qualifications declared by the Board under this section may be amended or revoked by the Minister or the Board.

( b) A local authority may amend the qualifications for any employment fixed by it under subsection (3).

(5) A declaration made under section 21 of the Local Government Act, 1941 , before the commencement of this provision shall, on and from such commencement, be deemed to have been made under this section.