Public Service Management (Recruitment and Appointments) Act 2004

Selection for promotion.

57

57.—(1) For the purposes of selecting persons for promotion and without prejudice to the generality of functions set out in this Act, the Public Appointments Service shall, at the request of the Minister and after consulting with such other Minister of the Government (if any) as the Minister considers appropriate in the circumstances, hold one or more than one competition from among either or both of the following or any class of either or both—

( a) civil servants, and

( b) the staff of one or more than one other public services body.

(2) In undertaking the conducting of selection procedures for promotion, the Public Appointments Service shall do so in accordance with the codes of practice published by the Commission.

(3) ( a) Nothing in subsection (1) shall be read as restricting the due holding, otherwise than under that subsection, of any competition for the purpose of selecting persons for promotion within the public service.

( b) A competition to which paragraph (a) relates shall be subject to so much of any code of practice under section 23 which relates to the selection for promotion to the post concerned.

(4) If requested by one or more public service bodies, the Public Appointments Service may—

( a) assist the body or bodies (as the case may be) in the operation of any selection procedures for promotion, and

( b) undertake any part or all of the promotion competition concerned.

(5) On completion of the selection process the successful candidate or candidates may, subject to subsection (6), be duly appointed to the post or posts concerned.

(6) Subject to subsection (7), a person shall be selected for appointment to a post in the order of merit as determined by the selection process.

(7) A candidate shall not be appointed to a post unless—

( a) he or she agrees to undertake the duties attached to the post concerned and to accept the conditions under which those duties are, or may be required to be, performed, and

( b) he or she is fully competent and available to undertake, and fully capable of undertaking, the duties attached to that position, having regard to the conditions under which those duties are, or may be required to be, performed.

(8) Without prejudice to subsections (1) to (4) the Commission may, after consulting the Chief Executive of the Service and other licence holders concerned, appoint any such other licence holder to carry out selection procedures for the purposes of promotion on such terms and conditions as it sees fit.

(9) Nothing in this section shall be read as affecting the application of the Employment Equality Act 1998 in circumstances where that Act applies.