Public Service Management (Recruitment and Appointments) Act 2004

F23 [ Interpretation of Part and operation of designations under it.

57A

57A. (1) In this Part

( a ) basic pay means, in relation to the person the subject of the designation concerned, the amount of the person s pay or salary, by virtue of the position held in the public service body, by the person immediately before the redeployment day, other than amounts in respect of

(i) specific work or a specific duty undertaken,

(ii) unsocial or atypical hours worked,

(iii) shift work,

(iv) piece work, or

(v) overtime;

( b ) employee includes an officer and the holder of a position;

( c ) public service body means

(i) the Civil Service,

(ii) that category of persons referred to in section 30 ( g ) of the Defence Act 1954 , namely civilians employed thereunder by the Minister for Defence,

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

(iv) the Health Service Executive,

(v) an education and training board,

(vi) any other body (other than a body referred to in Schedule 3 (inserted by the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013)) established

(I) by or under an enactment (other than the Companies Acts), or

(II) under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

(vii) any other body (other than a body referred to in Schedule 3) that is wholly or partly funded directly or indirectly out of monies provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

(viii) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997 ) by, a body to which subparagraph (iii) , (iv) , or (vi) relates and in respect of which a pre-existing public service pension scheme exists or applies or may be made, or in respect of which the Single Public Service Pension Scheme is applicable,

and reference to public service shall be read accordingly;

( d ) recognised trade union or staff association means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees of public service bodies;

( e ) redeployment day shall be read in accordance with subsection (2) ; and

( f ) a reference to a person s being redeployed to a position is a reference to the appointment of the person to the position as provided for by subsection (2) .

(2) The designation, pursuant to this Part, of an employee for his or her redeployment to a position in another public service body operates, from the date that is specified in the designation in that behalf (in this Act referred to as the redeployment day ), to effect the appointment of the person (subject to and as provided for in this Part) to that position; and such an appointment shall be deemed to have been made by that public service body.

(3) The functions conferred on the Public Appointments Service by this Part are performable notwithstanding the provisions of any other enactment and, in particular, the fact that the person, the subject of a designation under section 57B , is an employee of a public service body by virtue of the exercise of powers conferred by any other enactment. ]