Public Service Management (Recruitment and Appointments) Act 2004

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

“appointment” means the appointment of a person to a position within the Civil Service, a local authority, a health board, F1 [ an education and training board ], the Garda Síochána, or such other body as may be prescribed by order under section 6 F2 [ but does not include redeployment pursuant to Part 6A ] ;

“Board” means the Board of the Public Appointments Service established by section 36 ;

“Chief Executive of the Service” has the meaning given in section 39(1);

“civil servant” has the meaning it has in the Civil Service Regulation Act 1956;

“Civil Service” means the Civil Service of the Government and the Civil Service of the State;

“code of practice” means the instructions and guidelines issued by the Commission under section 23 ;

“Commission” means the Commission for Public Service Appointments established by section 11 ;

“commissioners” means the members of the Commission as referred to in section 12 ;

“Director” means the Director of the Office of the Commission for Public Service Appointments;

“employment agency” means a person who, whether for profit or otherwise, provides services related to either or both of the following:

( a) finding employment for prospective employees,

( b) identifying potential employees for employers;

“established position” means a position in which there is rendered established service;

“established service” means service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts 1834 to 1963 and the Superannuation and Pensions Act 1976;

“establishment day” means the day appointed by order under section 3

( a) in relation to the Commission or the Office of the Commission, to be the establishment day for the Commission for the purposes of section 11 , and

( b) in relation to the Public Appointments Service, to be the establishment day of the Public Appointments Service for the purposes of section 33 ;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“health board” means—

( a) a health board established under the Health Act 1970,

( b) the Eastern Regional Health Authority, or

( c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act 1999;

“licence holder” means a person to whom a recruitment licence has been granted under section 43 and includes a person to whom section 45(2) relates;

“listed recruitment agency” means a recruitment agency included in the list of recruitment agencies under section 25 ;

“local authority” means a local authority for the purposes of the Local Government Act 2001;

“Minister” means the Minister for Finance;

“Office of the Commission” means the Office of the Commission for Public Service Appointments;

“office holder”, in relation to a person who can hold a recruitment licence, means a person to whom section 44 relates;

“officer of the Houses of the Oireachtas” means—

( a) the Clerk or Clerk-Assistant of Dáil Éireann,

( b) the Clerk or Clerk-Assistant of Seanad Éireann,

( c) the Superintendent, Houses of the Oireachtas, or

( d) the Captain of the Guard, Houses of the Oireachtas;

F2 [ pre-existing public service pension scheme has the meaning it has in section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ; ]

F3 [ public service body means, other than for the purposes of Parts 6A and 7A

( a ) the Civil Service,

( b ) the Garda S í och á na,

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

( d ) the Health Service Executive,

( e ) an education and training board, and

( f ) such other body or bodies as may be prescribed by the Minister by order under section 6 in accordance with that section,

and reference to public service shall be read accordingly; ]

“recruitment licence” has the meaning given in section 44 ;

“relevant Minister” means—

( a) in relation to the exercise by a Minister of the Government of any powers, functions or duties vested in him or her by virtue of any enactment, that Minister, and

( b) in relation to the administration and business of the public service by virtue of any enactment by a Minister of the Government or a Department of State in respect of a public service body, the Minister of the Government concerned or the Minister having charge of the Department concerned;

“scheduled occupation” has the meaning given in section 7(3)(a);

F2 [ Single Public Service Pension Scheme means the scheme established by Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ;

superannuation benefit has the meaning it has in section 1 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ; ]

“unestablished position” means a position that is not an established position, and includes a position that is held on a temporary basis or for a definite limited period;

F4 [ ]

(2) In this Act—

( a) a reference to a section is a reference to a section of this Act,

( b) a reference to a schedule is a reference to a schedule to this Act, and

( c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs,

unless it is indicated that a reference to some other provision is intended.

(3) A reference to another enactment is to that enactment as amended or modified at any time by any enactment.

Annotations:

Amendments:

F1

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 47, S.I. No. 211 of 2013.

F2

Inserted (24.12.2013) by Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (47/2013), s. 2(a), (c), (d), commenced on enactment.

F3

Substituted (24.12.2013) by Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (47/2013), s. 2(b), commenced on enactment.

F4

Deleted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 47, S.I. No. 211 of 2013.

Modifications (not altering text):

C9

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.

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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.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 33 of 2004

Public Service Management (Recruitment and Appointments) Act 2004

The whole Act

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Editorial Notes:

E1

Previous affecting provision: definition of “public service body” amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 47, S.I. No. 211 of 2013; substituted as per F-note above.