Public Service Management (Recruitment and Appointments) Act 2004

SCHEDULE 2

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

PART 1

Repeals and Amendments to Acts

Number and Year

Short Title

Amendment

No. 12 of 2004

Private Security Services Act 2004

Section 10:

In subsection (2), to delete “Civil Service Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

In subsection (3)( a), to delete “Civil Service Commissioners Act 1956” and substitute“ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 25 of 2003

Taxi Regulation Act 2003

Section 14:

In subsection (2) to delete “Civil Service and Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

No. 28 of 2003

Houses of the Oireachtas Commission Act 2003

Section 16:

In subsection (1)( g), to delete “Civil Service Commissioners Act 1956” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004”.

No. 32 of 2003

Official Languages Act 2003

Section 2:

In subsection (1) of the Irish text:

( a) to delete paragraph ( c) of the definition of“ ceann comhlachta phoiblí” and substitute the following:

“( c) i ndáil le hOifig an Choimisiúin um Cheapacháin Seirbhíse Poiblí, Stiúrthóir Oifig an Choimisiúin um Cheapacháin Seirbhíse Poiblí”,

( b) to delete paragraph ( h)of the definition of “ceann comhlachta phoiblí” and substitute the following:

“( h) i ndáil leis an tSeirbhís um Cheapacháin Phoiblí, Príomh-Fheidhmeannach na Seirbhíse um Cheapacháin Phoiblí,”.

In subsection (1) of the English text:

( a) to delete paragraph ( c) of the definition of “head of public body” and substitute the following:

“( c) in relation to the Office of the Commission for Public Service Appointments, the Director of the Office of the Commission for Public Service Appointments,”,

( b) to delete paragraph ( h) of the definition of “head of public body” and substitute the following:

“( h) in relation to the Public Appointments Service, the Chief Executive of the Public Appointments Service,”.

First Schedule:

In paragraph 1(1) of the Irish text, to delete “Oifig Choimisinéirí na Státseirbhíse agus na gCoimisinéirí um Cheapacháin Áitiúla” and substitute the following:

“Oifig an Choimisiúin um Cheapacháin Seirbhíse Poiblí

An tSeirbhís um Cheapacháin Phoiblí”.

In paragraph 1(1) of the English text, to delete “Office of the Civil Service and Local Appointments Commissioners” and substitute the following:

“Office of the Commission for Public Service Appointments

Public Appointments Service”.

No. 1 of 2001

Aviation Regulation Act 2001

F34 [ Section 11: ]

In subsection (4) to delete “unless the Civil Service Commissioners” and substitute “unless the Public Appointments Service or other licence holder concerned under the Public Service Management (Recruitment and Appointments) Act 2004“.

No. 13 of 2001

Valuation Act 2001

Section 10:

In subsection (1), to delete “Civil Service Commissioners Act, 1956” and insert “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 28 of 2001

Company Law Enforcement Act 2001

Section 7:

To delete subsection (3) and substitute the following:

“(3) The Minister shall not appoint a person to be the Director unless the person has been duly selected following a competition under the Public Service Management (Recruitment and Appointments) Act 2004 for that position and the Minister has been advised accordingly.”.

No. 29 of 2001

Agriculture Appeals Act 2001

Section 2:

To delete “following selection at competitions held by the Civil Service and Local Appointments Commissioners,” and substitute “following selection at competitions held under the Public Service Management (Recruitment and Appointments) Act 2004,”.

Section 3:

To delete “the Civil Service and Local Appointments Commissioners” and substitute “held under the Public Service Management (Recruitment and Appointments) Act 2004,”.

No. 37 of 2001

Local Government Act 2001

Section 145:

In subsection (1)( a) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

Section 147:

In subsection (3)( b) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

In subsection (5)( b) to delete “Local Appointments Commissioners” and substitute “Public Appointments Service”.

Section 155:

To delete the definition of “Local Appointments Commissioners”.

Section 160:

In subsection (1)( b) to delete “the Local Appointments Commissioners” and substitute “Commission for Public Service Appointments”.

In subsection (1)( d) to delete “has been recommended by the Local Appointments Commissioners for appointment” and substitute “has been recommended for appointment by the Chief Executive of the Public Appointments Service”.

No. 9 of 2000

Human Rights Commission Act 2000

Section 12:

In subsection (4) to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

Section 17:

In subsection (4) to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 39 of 2000

National Treasury Management Agency (Amendment) Act 2000

Schedule:

To delete “Civil Service Commissioners” and substitute “Commission for Public Service Appointments”.

To delete “Local Appointments Commissioners”.

To insert “Public Appointments Service” after “Ombudsman”.

No. 13 of 1999

Health (Eastern Regional Health Authority) Act 1999

Section 12:

In subsection (1) to delete “the Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

Section 17:

In subsection (1) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

No. 8 of 1998

Courts Service Act 1998

Section 18:

To delete “Civil Service Commissioners Act, 1956,” and substitute ” Public Service Management (Recruitment and Appointments) Act 2004“.

Section 23:

In subsection (4), to delete “ the Civil Service Commissioners Act, 1956, and”.

No. 21 of 1998

Employment Equality Act 1998

Section 51:

In subsection (3), to delete “Civil Service Commissioners Act, 1956,” and substitute ” Public Service Management (Recruitment and Appointments) Act 2004“.

Section 75:

In subsection (2), to delete “Civil Service Commissioners Act, 1956,” and substitute ” Public Service Management (Recruitment and Appointments) Act 2004“.

Section 76:

In subsection (5) to delete paragraphs ( a) and ( b) and substitute the following:

“( a) the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004 in the course of a recruitment or selection process, other than one designed to recruit or select only from and for the holder's own staff,”.

Section 77:

To delete subsection (7) and substitute the following:

“(7) Where the complainant's claim for redress is in respect of discrimination—

( a) by the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004 in the course of such a recruitment or selection process as is referred to in section 76(5)( a),

( b) by the Minister for Defence in the course of a recruitment process for the Defence Forces, or

( c) by the Commissioner of the Garda Síochána in the course of a recruitment process for the Garda Síochána,

the complainant shall in the first instance refer the claim for redress to the holder of the recruitment licence concerned or, as the case may be, to the Minister for Defence or the Commissioner of the Garda Síochána.”.

In subsection (8), to delete “the Commissioners concerned” and substitute “the holder of the recruitment licence concerned”.

No. 51 of 1998

Education Act 1998

Section 13:

In subsection (11), to delete “Civil Service Commissioners Act, 1956,” and substitute ” Public Service Management (Recruitment and Appointments) Act 2004“.

Section 44:

In subsection (4), to delete “Civil Service Commissioners Act, 1956,” and substitute ” Public Service Management (Recruitment and Appointments) Act 2004“.

No. 13 of 1997

Freedom of Information Act 1997

Section 2:

In the definition of “head of a public body”, to delete paragraphs ( h) and ( i).

Section 18:

In subsection (3)( a), to delete “the Civil Service Commissioners pursuant to subparagraph ( d)or ( e)of section 17(1) of the Civil Service Commissioners Act, 1956,” and substitute ”the Public Appointments Service or other licence holder concerned under the Public Service Management (Recruitment and Appointments) Act 2004“.

In subsection (3)( b), to delete “the Local Appointments Commissioners made by virtue of section 7(3) of the Local Authorities (Officers and Employees) Act, 1926,” and substitute “the Chief Executive of the Public Appointments Service made by virtue of section 7 of the Local Authorities (Officers and Employees) Act 1926”.

First Schedule:

In paragraph 1(2) to delete“the Civil Service Commissioners,” and “the Local Appointments Commissioners,”.

In paragraph 1(2) to insert “the Commission for Public Service Appointments,” and “the Public Appointments Service,”.

Second Schedule:

In paragraph 7, to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 27 of 1997

Public Service Management Act 1997

Section 4:

In subsection (1)( h), to delete “Civil Service Commissioners Act, 1956” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

Schedule:

In Part II at reference number 3, to delete “The Office of the Civil Service Commissioners”.

In Part II at reference number 4, to delete “The Office of the Local Appointments Commissioners”.

In Part II, to insert the following after reference number 10:

11.

The Commission for Public Service Appointments

12.

The Public Appointments Service

”.

No. 31 of 1997

Prompt Payments of Accounts Act 1997

Schedule (as amended by the Prompt Payment of Accounts Act 1997 (Amendment of Schedule) Order 2000 ( S.I. No. 383 of 2000)):

( a) to delete “Civil Service Commission”,

( b) after “Commission for Electronic Regulation” to insert “Commission for Public Service Appointments”, and

( c) after “Postgraduate Medical and Dental Board” to insert “Public Appointments Service”.

No. 17 of 1996

Refugee Act 1996

First Schedule (inserted by the Immigration Act 1999):

To delete paragraph 1 and substitute the following:

“1. The position of Commissioner shall be a position in the Civil Service (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004) and a person shall not be appointed to be the Commissioner unless the person has been duly selected following a competition under that Act for the position.”.

In paragraph 7, to delete “Civil Service Commissioners Act, 1956” and insert “ Public Service Management (Recruitment and Appointments) Act 2004“.

Second Schedule (inserted by the Immigration Act 1999):

In paragraph 2 (inserted by the Illegal Immigrants (Trafficking) Act 2000), to delete subparagraph ( b) and substitute the following:

“( b) A person shall not be appointed to be the chairperson unless the person has been duly selected following a competition under the Public Service Management (Recruitment and Appointments) Act 2004 for the position.”.

No. 32 of 1996

Health (Amendment) (No. 3) Act 1996

Section 14:

In subsection (5), to delete “the Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

No. 34 of 1996

Telecommunications (Miscellaneous Provisions) Act 1996

First Schedule:

In paragraph 11, to delete “ the Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 22 of 1995

Ethics in Public Office Act 1995

Section 19:

In subsection (1)( a), to delete “an excluded position (within the meaning of the Civil Service Commissioners Act, 1956)” and substitute “a position to which section 7(1)( e) of the Public Service Management (Recruitment and Appointments) Act 2004 relates”.

To delete subsection (5).

No. 32 of 1995

Civil Legal Aid Act 1995

Section 10:

In subsection (5), to delete “on the recommendation of the Civil Service Commissioners” and substitute “on the recommendation of the Chief Executive of the Public Appointments Service”.

Section 11:

In subsection (6)—

( a) to delete in paragraph ( a) “ the Civil Service Commissioners Act, 1956, and”, and

( b) to delete in paragraph ( b) “under section 5 of the Civil Service Commissioners Act, 1956,” and substitute “under section 8 of the Public Service Management (Recruitment and Appointments) Act 2004“.

No. 21 of 1993

Statistics Act 1993

Section 9:

To delete subsection (3) and substitute the following:

“(3) In relation to members of the staff of the Office, the Taoiseach shall be the appropriate authority for the purpose of the Civil Service Regulation Acts 1956 to 1996.”.

Section 12:

To delete subsection (5) and substitute the following:

“(5) In relation to the staff of the Director General, the Taoiseach shall be the appropriate authority for the purpose of the Civil Service Regulation Acts 1956 to 1996.”.

Section 17:

To delete “Civil Service Commissioners Act, 1956” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 1 of 1992

Patents Act 1992

Section 9:

In subsection (3), to delete “and notwithstanding that the Controller is appointed without a certificate from the Civil Service Commissioners”.

No. 24 of 1991

Competition Act 1991

Schedule:

In paragraph 2(5), to delete “Civil Service Commissioners Act, 1956” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 19 of 1990

Industrial Relations Act 1990

Section 32:

In subsection (2), to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 25 of 1988

Data Protection Act 1988

Second Schedule:

In paragraph 8(4), to delete “ the Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 3 of 1986

Canals Act 1986

Section 3:

In subsection (3)( b), to delete “ the Civil Service Commissioners Act, 1956” and substitute “the Public Service Management (Recruitment and Appointments) Act 2004“.

No. 11 of 1986

National Archives Act 1986

Section 6:

In subsection (3), to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

Schedule:

To delete “Civil Service Commissioners” and “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments” and “Public Appointments Service”.

No. 29 of 1986

Garda Síochána (Complaints) Act 1986

First Schedule:

In paragraph 4(3)—

( a) in clause ( b), to delete “within the meaning of the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 and 1958” and substitute “within the meaning of section 7 of the Public Service Management (Recruitment and Appointments) Act 2004, and the Civil Service Regulation Acts 1956 to 1996”,

( b) in clause ( c):

(i) to delete “ section 5 of the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 and 1958,” and substitute “ section 7 of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 1996”, and

(ii) in subclause (ii), to delete “be, for the purposes of the said section 5 and the said Acts, the appropriate authority” and substitute “be, for the purposes of the said Acts and the said section 7 , the appropriate authority”.

No. 1 of 1983

Local Authorities (Officers and Employees) Act 1983

Section 2 repealed.

No. 1 of 1980

Fisheries Act 1980

Section 27:

In subsection (1)( d) to delete “Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

In subsection (3)( b) to delete “Commissioners” and substitute “Commission for Public Service Appointments”.

In subsection (4)—

( a) to delete “Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service”, and

( b) to delete “Commissioners” where it otherwise occurs and substitute “Chief Executive”.

In subsection (5)—

( a) to delete “Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service”, and

( b) to delete “Commissioners” in both places where it otherwise occurs and substitute “Chief Executive”.

To delete subsections (6) and (7).

Section 60:

In subsection (3), to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 26 of 1980

Ombudsman Act 1980

Section 10:

In subsection (4), to delete “ the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 and 1958, as the appropriate authority,” and substitute “the Civil Service Regulation Acts 1956 to 1996 and section 7 of the Public Service Management (Recruitment and Appointments) Act 2004 as the appointing authority,”.

First Schedule:

In Part 1, to delete “Civil Service Commissioners” and “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments” and “Public Appointments Service”.

No. 1 of 1978

Consumer Information Act 1978

Section 9:

To delete subsection (2) and substitute the following:

“(2) The office of Director shall be a position in the Civil Service and no person shall be appointed to the office unless the person has been duly selected following a competition under the Public Service Management (Recruitment and Appointments) Act 2004 for appointment to the office.”.

No. 16 of 1977

Employment Equality Act 1977

Section 12:

In subsection (3) to delete “by the Local Appointments Commissioners or the Civil Service Commissioners” and substitute “by the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004“.

Section 17B (inserted by the European Communities (Employment Equality) Regulations 1985 ( S.I. No. 331 of 1985)):

In subsection (1) to delete “arrangements or schemes” and insert “arrangements, schemes or codes of practice”.

In subsection (2), to delete paragraph ( b) and substitute the following:

“( b) codes of practice for the purposes of the Public Service Management (Recruitment and Appointments) Act 2004, so far as they relate to employment in the prison service,”.

Section 39:

In subsection (4) to delete “by the Local Appointments Commissioners or the Civil Service Commissioners” and substitute “by the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004“.

No. 3 of 1975

Law Reform Commission Act 1975

Section 10:

To delete subsection (6)( a) and substitute the following:

“( a) The Public Service Management (Recruitment and Appointments) Act 2004 shall apply to members of the clerical staff of the Commission.”.

No. 33 of 1973

Arts Act 1973

Section 8:

In subsection (2), to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 6 of 1971

Local Government Services (Corporate Bodies) Act 1971

Section 4:

In subsection (2)( a) to delete “including, if the Minister thinks fit, provisions for the application, with the consent of the Local Appointments Commissioners, of the Local Authorities (Officers and Employees) Acts, 1926 and 1940,” and substitute “including, if the Minister thinks fit, provisions for the application, with the consent of the Chief Executive of the Public Appointments Service, of the Local Authorities (Officers and Employees) Acts 1926 to 1983”.

No. 27 of 1971

Employment Agency 1971 Act

Section 6:

In subsection (1), to delete paragraphs ( b) and ( c) and substitute the following:

“( b) the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004.”.

No. 1 of 1970

Health Act 1970

Section 13:

In subsection (8), to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

Section 15:

In subsection (1):

( a) to delete “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments and the Chief Executive of the Public Appointments Service”,

( b) to delete “Commissioners” where it last occurs and substitute “Commission and the Chief Executive”.

Section 18:

To delete “Local Appointments Commissioners, after consultation with the Commissioners” and substitute “the Chief Executive of the Public Appointments Service, after consultation with the Commission for Public Service Appointments”.

No. 14 of 1969

Industrial Relations 1969 Act

Section 4:

In subsection (7), to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

Section 13:

In subsection (5)( b), to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 16 of 1964

Registration of Title 1964 Act

Section 9:

In subsection (5), to delete “appointed to an established position in the Civil Service with a certificate of qualification from the Civil Service Commissioners” and substitute “duly appointed to an established position in the Civil Service”.

No. 9 of 1962

Coroners Act 1962

Section 8:

In subsection (3) to delete paragraphs ( c) to ( e).

No. 24 of 1961

Road Traffic Act 1961

Section 103 (inserted by the Road Traffic Act 2002):

In subsection (19)( d) to delete “Civil Service Commissioners Act, 1956,” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004“.

No. 27 of 1961

Health (Corporate Bodies) Act 1961

Section 4:

In subsection (2) to delete “the application, with the consent of the Local Appointments Commissioners, of the Local Authorities (Officers and Employees) Acts, 1926 and 1940 to appointments” and substitute “the application, with the consent of the Chief Executive of the Public Appointments Service, of the Local Authorities (Officers and Employees) Acts 1926 to 1983 to appointments”.

No. 38 of 1959

Staff of the Houses of the Oireachtas Act 1959

Section 8:

In subsection (2), to delete “the Commissioners Act, as applied and amended by Part III of this Act” and substitute “the Public Service Management (Recruitment and Appointments) Act 2004“.

Section 9:

To delete “Commissioners Act” and substitute “ Public Service Management (Recruitment and Appointments) Act 2004”.

Part III (sections 11 to 15):

To delete Part III and substitute the following:

“PART III

APPLICATION OF PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004 TO MEMBERS OF THE JOINT STAFF OF THE HOUSES OF THE OIREACHTAS

Application of Public Service Management (Recruitment and Appointments) Act 2004.

11.—The provisions of the Public Service Management (Recruitment and Appointments) Act 2004 shall apply to members of the joint staff of the Houses of the Oireachtas.”.

No. 45 of 1956

Civil Service Commissioners Act 1956

The whole Act repealed.

No. 9 of 1955

Local Government Act 1955

Section 30:

In subsection (1) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

In subsection (2) to delete “Local Appointments Commissioners, if they so think fit” and substitute “Chief Executive of the Public Appointments Service, if the Chief Executive so thinks fit”.

In subsection (3):

( a) to delete “Local Appointments Commissioners are” and substitute “Chief Executive of the Public Appointments Service is”, and

( b) to delete “Local Appointments Commissioners, if they so think fit,” and substitute “Chief Executive, if the Chief Executive so thinks fit”.

In subsection (4):

( a) to delete “Local Appointments Commissioners may, with the consent of the appropriate Minister,” and substitute “Chief Executive of the Public Appointments Service may, with the consent of the Commission for Public Service Appointments and the relevant Minister (within the meaning given by section 2 of the Public Service Management (Recruitment and Appointments) Act 2004)”,

( b) to delete the last sentence relating to “the appropriate Minister”, and

( c) to insert the following subsection after subsection (4):

“(5) Rules made under subsection (4) of this section shall, for the purposes of the Statutory Instruments Acts 1947 and 1955, be deemed not to be statutory instruments to which those Acts primarily apply.”.

No. 26 of 1953

Health Act 1953

Section 62: In subsection (1)( b)(ii) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.

No. 7 of 1952

Sea Fisheries Act 1952

First Schedule:

In paragraph 7—

( a) in subparagraph (5) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in every other place where it occurs,

( b) in subparagraph (6) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in both places where it otherwise occurs, and

( c) in subparagraph (7) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” where it last occurs.

No. 9 of 1946

Harbours Act 1946

Section 42, to delete subsections (3), (8) and (9).

No. 10 of 1946

Turf Development Act 1946

Section 15:

In subsection (4), to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in both places where it otherwise occurs.

In subsection (5), to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in both places where it otherwise occurs.

No. 24 of 1942

Superannuation Act 1942

Section 7:

In subsection (2), to delete “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments”.

No. 27 of 1927

Electricity (Supply) Act 1927

Section 8:

To delete subsections (3) and (4).

No. 39 of 1926

Local Authorities (Officers and Employees) Act 1926

Section 2:

In subsection (1) (inserted by the Local Government Act 1998):

( a) in paragraph ( a) and ( b) to delete “Commissioners” in each place where it occurs and substitute “Commission for Public Service Appointments and the Chief Executive of the Public Appointments Service”, and

( b) to delete paragraph ( c) and substitute the following:

“( c) (i) Every order under this subsection, other than an order to which subparagraph (ii) of this paragraph relates, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(ii) Where any proposed order includes a provision that would have the effect of any office ceasing to be an office to which this Act applies, then such an order shall not be made under this subsection unless a draft of it has been laid before and approved of by both Houses of the Oireachtas.”.

To delete subsection (4) and substitute the following:

“(2) Every question or dispute as to whether any particular office or employment is or is not an office to which this Act applies shall be decided in the following manner:

( a) where the Minister of the Government concerned, the Commission for Public Service Appointments and Chief Executive of the Public Appointments Service are in agreement on the decision to be reached by them, by their decision so reached,

( b) in any other case, by the decision of the Minister for Finance after consulting with the Minister of the Government concerned, the Commission for Public Service Appointments and Chief Executive of the Public Appointments Service,

and the decision under paragraph ( a) or ( b) of this subsection shall be final and conclusive.”.

Sections 3 and 4:

To delete both sections.

Section 5:

In subsections (1) and (2) to delete “Commissioners” in both places where it occurs and substitute “Chief Executive of the Public Appointments Service”.

Section 6:

In subsection (1) to delete “Commissioners” in each place where it occurs and substitute “Chief Executive of the Public Appointments Service”.

In subsection (2) to delete “Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” where it last occurs and insert “Chief Executive”.

In subsection (3) to delete “Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “they” and substitute “the Chief Executive”.

To delete subsection (4) and substitute the following:

“(4) On receiving a recommendation under this section from the Chief Executive of the Public Appointments Service, the local authority shall appoint to the said office the person recommended or, where more than one person is so recommended, such one of the persons so recommended as the Chief Executive shall think proper.”.

In subsection (5) (inserted by the Local Government Act 2001) to delete “is recommended by the Commissioners” and substitute “is duly recommended”.

In subsection (6) (inserted by the Local Government Act 1955):

( a) in paragraph ( a) to delete “Commissioners” and substitute “Chief Executive of the Public Appointments Service”, and

( b) in paragraph ( b) to delete “Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” where it last occurs and insert “Chief Executive”.

Section 7:

To delete section 7 and substitute the following:

“Qualifications for appointments.

7.—Where for the purpose of recommending a person for appointment to an office to which this Act applies a local authority or the Minister requests the Chief Executive of the Public Appointments Service to make such a recommendation, then the relevant provisions of any code of practice under the Public Service Management (Recruitment and Appointments) Act 2004 relating to requirements for appointment to such office shall apply.”.

Section 8:

To delete section 8 and substitute the following:

“Selection by competitive examination.

8.—(1) The Chief Executive of the Public Appointments Service shall, in selecting any person to be recommended under this Act, have regard to a competition conducted by the Chief Executive in accordance with the relevant codes of practice of the Commissioners for Public Service Appointments under the Public Service Management (Recruitment and Appointments) Act 2004.

(2) Subject to section 4( b) of the Local Authorities (Officers and Employees) Act 1983, competitions conducted pursuant to this section shall be open to all persons desiring to enter the competition who—

( a) possess or claim to possess the prescribed qualifications for the office to which the competition relates, and

( b) pay the fee (if any) provided for under section 10 of the Public Service Management (Recruitment and Appointments) Act 2004 in respect of such competition.

(3) Nothing in this section shall be construed as affecting section 5 of this Act.”.

 

Section 10:

To delete the section.

Section 12:

To delete the section.

Annotations:

Amendments:

F34

Substituted (24.12.2013) by Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (47/2013), s. 8, commenced on enactment.

PART 2

Revocations and Amendments to Statutory Instruments

Citation and number and year

Amendment, etc.

Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999).

Article 33:

To delete references to “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments”.

National Archives Act 1986 (Prescription of Classes of Records) Order 1997 ( S.I. No. 281 of 1997).

Second Schedule:

To delete the following:

Civil Service Commissioners

Files relating to competitons held by the Commissioners.

Local Appointments Commissioners

Files relating to competitions held by the Commissioners.

and substitute the following:

Public Appointments Service

Files held by the Public Appointments Service relating to competitions held by it or by the former Civil Service Commissioners or Local Appointments Commissioners.

Commission for Public Service Appointments

Files held by the Com mission for Public Service Appointments relating to competitions held by the former Civil Service Commissioners or Local Appointments Commissioners.

”.

Garda Síochána (Admissions and Appointments) Regulations 1988 ( S.I. No. 164 of 1988).

Regulation 5:

In paragraph (1)( e) to delete “Civil Service Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service or other licence holder under the Public Service Management (Recruitment and Appointments) Act 2004, as the case may be” and to delete “Civil Service Commissioners” where it last occurs and substitute “Chief Executive or other licence holder”.

Garda Síochána (Promotion) Regulations 1987 ( S.I. No. 39 of 1987).

Regulation 6 (inserted by the Garda Síochána (Promotion) (Amendments) Regulations 2001 ( S.I. No. 392 of 2001)):

To delete paragraph ( d) and substitute the following:

“( d) a person nominated by the Commission for Public Service Appointments.”.

Regulation 10:

In paragraph (1) to delete “Civil Service Commissioners” and substitute “Commission for Public Service Appointments”.

Health Officers (Regulations) 1953 ( S.I. No. 158 of 1953).

Regulation 3:

In paragraph ( a), to delete “Local Appointments Commissioners” and substitute “Public Appointments Service”.

Regulation 8:

To delete “Local Appointments Commissioners” and substitute “Public Appointments Service”.