Public Service Management (Recruitment and Appointments) Act 2004

Recruitment licence.

43

43.—(1) ( a) The Commission shall grant a recruitment licence to the Chief Executive of the Service with effect from the establishment day.

( b) Where an application under section 44 has been duly made by a person to hold a recruitment licence then, subject to this section, the Commission may grant a licence to the applicant in respect of some or all of the classes of employees or positions to which the application relates.

(2) The Commission shall only grant a recruitment licence to an applicant if it is satisfied that—

( a) the applicant is an office holder (including a person to whom section 45(1) relates) for the purposes of section 44 , and

( b) in the context of the public service body concerned, that the applicant can and will observe the appropriate standards and codes of practice.

(3) ( a) A recruitment licence granted by the Commission shall—

(i) be capable of identifying the class or classes of employees or the position or positions to which it relates,

(ii) include the terms and conditions set out in paragraph (b), and

(iii) include such other terms and conditions, including any restrictions, as they consider appropriate in the circumstances.

( b) The terms and conditions to be included in a recruitment licence are that the office holder to whom the licence is granted (including any person who, for the time being, is exercising the functions of that office) shall—

(i) in so far as they relate to the licence granted, comply fully with the principles and codes of practice published by the Commission,

(ii) supply any information required from time to time by the Commission and any other body or bodies specified by it,

(iii) co-operate with and comply with any direction which may be duly issued from time to time by the Commission, and

(iv) inform the Commission and any other body or bodies specified by it of the details of proposed recruitment in such manner as the Commission may prescribe.

(4) A licence holder is responsible to the Commission for ensuring that the terms and conditions of the licence and the relevant codes of practice are fully complied with.

(5) The Commission shall, from time to time as it considers appropriate, examine and evaluate, or cause to be examined and evaluated, every licence holder for the purpose of finding out whether or not each of them has complied with the conditions of this section.