Public Service Management (Recruitment and Appointments) Act 2004

Functions of Public Appointments Service.

34

34.—(1) The functions of the Public Appointments Service are as follows:

( a) to act as the centralised recruitment, assessment and selection body for the Civil Service and to provide a similar service, where requested, to the local authorities and health boards, the Garda Síochána and any other public service body;

( b) to ensure that standards of probity, merit, equity and fairness, consistent with the codes of practice set down by the Commission are followed in the public interest in the recruitment, assessment and selection of persons for appointments in the Civil Service and other public service bodies;

( c) to carry out all the procedures necessary to undertake the recruitment, assessment and selection of suitable candidates for appointment;

( d) to undertake such other selection competitions, including promotion competitions under section 57

(i) in respect of the Civil Service, at the request of the Minister for Finance, or any other office holder concerned,

(ii) in respect of local authorities, at the request of the Minister for the Environment, Heritage and Local Government or the office holder concerned,

(iii) in respect of Health Boards, at the request of the Minister for Health and Children or the office holder concerned,

F16 [ (iv) in respect of education and training boards, at the request of the Minister for Education and Skills or the office holder concerned, ]

(v) in respect of the Garda Síochána, at the request of the Minister for Justice, Equality and Law Reform or of the office holder concerned, and

(vi) in respect of any other public service body, at the request of the Minister or the office holder concerned;

( e) to determine having due regard to relevant criteria, such as the requirements of the position concerned—

(i) the criteria for selection, and

(ii) the form of selection process to be adopted,

subject to the codes of practice issued by the Commission and to matters relating to formulation of policy for recruitment and promotion—

(I) by the Minister under section 58(1),

(II) by the Minister for the Environment, Heritage and Local Government under section 58(2),

(III) by the Minister for Health and Children under section 58(3),

(IV) by the Minister for Education and Science under section 58(4), or

(V) by the Minister for Justice, Equality and Law Reform under section 58(5);

( f) to provide advice and expert services, including research and development, to the Civil Service and other public service bodies on recruitment, assessment and selection and related matters;

( g) without prejudice to the granting of a licence under section 43(1)(b) to any office holder, to exercise the functions which, immediately before the commencement of this provision, were exercisable by the Local Appointments Commissioners in respect of any recruitment and selection;

( h) except where section 7(1) applies, to undertake such other competitions, examinations, interviews and tests, which are not otherwise provided for by paragraphs (a) to (g), as the Government may from time to time direct;

( i) to inform itself of best practice in relation to all recruitment, assessment and selection matters, and, on the basis of this information, to provide advice to the Civil Service and public service bodies;

( j) subject to the public interest, to make its expertise in recruitment and selection services otherwise available on such terms and conditions as it deems appropriate.

(2) Subject to this Act, the Public Appointments Service is independent in the exercise of its functions.

(3) The Minister may, after consulting the Commission, by order—

( a) confer on the Public Appointments Service such additional functions relating to recruitment, assessment and selection and connected with the functions conferred on the Service by subsection (1) or an order made under this subsection, as the Minister considers appropriate,

( b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Public Appointments Service of functions so conferred.

(4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(5) Every order made by the Minister under this section 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 the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Amendments:

F16

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.

Modifications (not altering text):

C10

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:

E11

Power pursuant to subs. (3) exercised (3.12.2006) by Public Service Management (Recruitment and Appointment) Act 2004 (Additional Function for Licence Holders) Order 2006 (S.I. No. 602 of 2006).