Public Service Management (Recruitment and Appointments) Act 2004

Excluded unestablished positions.

8

8.—(1) This section applies to unestablished positions (not being a position which is in a scheduled occupation) within the Civil Service.

(2) Subject to subsection (3), the Commission may by order declare that a specified unestablished position (not being a position which is in a scheduled occupation) shall be an excluded position F9 [ for the purposes of any provisions of this Act other than Parts 6A and 7A , ] and the Commission may provide in the order that the order is to remain in force for such period only as the Commission determines and specifies in the order.

(3) The Commission shall not make an order under this section except—

( a) at the request of the authority duly authorised to appoint a person to the unestablished position concerned, and

( b) if that authority is not the Minister, with the consent of the Minister.

(4) Where an order has been made or deemed to have been made under section 5 of the Civil Service Commissioners Act 1956 that is in force on the establishment day, then that order shall be deemed to have been made under this section and shall remain in force—

( a) where the order was a limited period order within the meaning of subsection (1)( c) of the said section 5—

(i) for the remainder of the period concerned, or

(ii) where an order under subsection (5) applies, in accordance with that order, or

(iii) if the order is revoked with effect from before the end of the period concerned, until the revocation has effect,

and

( b) in every other case, until the order is revoked under this section.

(5) Where a limited period order referred to in subsection (4) is in force, the Commission may, from time to time, by order extend the period for which the limited period order is to remain in force.

(6) An order made or deemed to have been made under this section may, subject to subsection (3)(a), be amended or revoked.

(7) Where an order is made under this section—

( a) it shall, for the purposes of the Statutory Instruments Acts 1947 and 1955, be deemed not to be a statutory instrument to which those Acts primarily apply,

( b) notice of the making of it shall be published in Iris Oifigiúil as soon as may be after it is made, but failure to so publish shall not affect the order concerned.

(8) Any position to which an order made or deemed to have been made under this section applies shall, so long as the order remains in force, be, F9 [ for the purposes of any provisions of this Act other than Parts 6A and 7A ] , an excluded position, and the expression “excluded position” shall be read accordingly.