Public Service Management (Recruitment and Appointments) Act 2004

Codes of practice.

23

23.—(1) The Commission shall prepare such codes of practice as it considers necessary or appropriate for the purpose of carrying out its functions under section 13 and shall cause such codes of practice to be made publicly available.

(2) Codes of practice to be published by the Commission and to which subparagraphs (i) and (ii) of section 13(1)(b) relate shall set out—

( a) the principles to be put in place, in respect of recruitment and selection procedures and of selecting persons for promotion, in relation to—

(i) the probity, equity and fairness of the process concerned,

(ii) the need to ensure that candidates are selected on the basis of merit,

(iii) the protection of the public interest,

(iv) the implementation of best practice and good governance,

(v) the general procedures (including review procedures) to be adopted in respect of grievances and complaints brought forward by candidates, and

(vi) such other matters the Commission deems to be appropriate,

and

( b) any requirements or other matters to which section 24(4) relates.

(3) Codes of practice to be published by the Commission and to which subparagraph (iii) of section 13(1)(b) relates shall establish and set down—

( a) procedures, including appeal procedures, for dealing with any alleged failure, by any person applying for a position within the Civil Service or other public service body and to which this Act or the Local Authorities (Officers and Employees) Act 1926 applies, to comply with any provision of those Acts or any code of practice to which sub-paragraph (i) or (ii) of section 13(1)(b) relates,

( b) where a failure to so comply is proved, the consequences of such failure, including disqualification, where appropriate.

(4) ( a) The Commission may consolidate, revoke or amend any code of practice as it sees fit, including—

(i) any regulations under section 16 or rules under section 30 of the Civil Service Commissioners Act 1956, and

(ii) any regulations under section 8 of the Local Authorities (Officers and Employees) Act 1926,

which are deemed to be codes of practice by virtue of section 62

( b) The amendment of a code of practice shall not take effect until notice of the amendment is published by the Commission.

( c) The revocation of a code of practice shall not take effect until a replacement code of practice is published by the Commission in respect of the matters concerned.

(5) ( a) Recruitment licences shall not be granted by the Commission, either generally or in respect of any particular post or class of posts, unless there has been duly published a code of practice in respect of the recruitment process to the post or posts to which the licence would relate.

( b) Paragraph (a) does not apply in respect of a licence granted to the Public Appointments Service.