Amendment

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“.

Section 14:

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

Section 16:

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

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“.

Section 10:

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

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.”.

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,”.

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”.

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“.

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”.

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”.

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”.

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”.

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“.

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“.

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”.

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.”.

Section 14:

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

First Schedule:

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

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).

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“.

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“.

Section 9:

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

Schedule:

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

Section 32:

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

Second Schedule:

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

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“.

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”.

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”.

Section 2 repealed.

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“.

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”.

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.”.

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“.

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.”.

Section 8:

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

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”.

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.”.

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”.

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“.

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”.

Coroners Act 1962

Section 8:

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

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“.

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”.

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:

The whole Act repealed.

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

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.

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

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.

Section 7:

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

Section 8:

To delete subsections (3) and (4).