Public Service Management (Recruitment and Appointments) Act 2004

F27 [ Exclusions.

57E

57E . (1) Without prejudice to subsection (2) , this Part does not apply to the following:

( a ) the President;

( b ) a member of either House of the Oireachtas;

( c ) a member of the European Parliament for a constituency in the State, being a member who is in receipt of the salary specified in section 2 (2) of the European Parliament (Irish Constituency Members) Act 2009 ;

( d ) the holder of a qualifying office, within the meaning of section 13 (amended by section 11 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ) of the Ministerial and Parliamentary Offices Act 1938 ;

( e ) to the extent not otherwise provided by this subsection, an office holder within the meaning given to office holder by section 2 of the Ethics in Public Office Act 1995 for the purposes of that Act;

( f ) the position of special adviser within the meaning of section 19 of the Ethics in Public Office Act 1995 ;

( g ) the position of an officer of the Houses of the Oireachtas;

( h ) a position the appointment to which is made by the President;

( i ) to the extent not otherwise provided by this subsection, an office holder under the Constitution;

( j ) to the extent not otherwise provided by this subsection, a member of the Permanent Defence Force;

( k ) to the extent not otherwise provided by this subsection, a member of the Garda S í och á na;

( l ) a position the appointment to which is made by the Government;

( m ) to the extent not otherwise provided by this subsection, a position where

(i) the appropriate authority (within the meaning of section 2 of the Civil Service Regulation Act 1956 ) with the consent of the Minister (where the Minister is not the appropriate authority) recommends the appointment of the person to that position, and

(ii) the Government, having considered such recommendation, decides that such appointment would be in the public interest;

( n ) staff of the Central Bank of Ireland;

( o ) staff of the National Treasury Management Agency;

( p ) an Appeal Commissioner under section 850 of the Taxes Consolidation Act 1997 .

(2) The Minister may, having regard to the policy for the time being of the Government on the allocation of human and financial resources to different sectors of the public service, by order declare that this Part shall not apply to one or more public service bodies specified in the order and this Part shall accordingly not apply to the public service body or bodies specified in such an order that is in force. ]