Public Service Management (Recruitment and Appointments) Act 2004
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Excluded positions generally. |
7.—(1) Subject to subsection (4), this Act does not apply to, and no order shall be made under section 6 in respect of, a position where the appointment concerned— | |
(a) is to a position of an office holder— | ||
(i) under the Constitution, or | ||
(ii) otherwise within the meaning given to office holder by section 2 of the Ethics in Public Office Act 1995 for the purposes of that Act, | ||
(b) is to be made by the President, | ||
(c) is to be made by the Government, | ||
(d) is to the position of an officer of the Houses of the Oireachtas, | ||
(e) is to a position of special adviser within the meaning of section 19 of the Ethics in Public Office Act 1995 , or | ||
(f) is of a person to a particular unestablished 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. | ||
(2) Subject to subsection (4), unless an order is made under section 6 , either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned— | ||
(a) is recommended by the committee known as the Top Level Appointments Committee, or by any body replacing that Committee, following a competition where it was a requirement that all candidates be serving civil servants, | ||
(b) is to a scheduled occupation to which subsection (3) relates, | ||
(c) is of a superannuated person to an established position consequential on his or her being duly called upon, under section 11 of the Superannuation Act 1859 , to serve again in the Civil Service, whether or not he or she is required to serve on trial under section 12 of the Civil Service Regulation Act 1956 , | ||
(d) is to a position in which such person is required to serve on trial under section 11 of the Civil Service Regulation Act 1956 , | ||
(e) is to a position under section 7 or 15 of the Civil Service Regulation Act 1956 , | ||
(f) is to the position of an Appeal Commissioner under section 850 of the Taxes Consolidation Act 1997 , | ||
(g) is by way of employment of civilians by the Minister for Defence under section 30 of the Defence Act 1954 , | ||
(h) is to the position of a person designated by the Minister under section 23 (3) of the Industrial Relations Act 1990 for the purposes of section 23(1) of that Act. | ||
(3) (a) Each of the occupations specified in Schedule 1 is, except where paragraph (b) applies, a scheduled occupation for the purposes of this Act. | ||
(b) Paragraph (a) does not apply where the service to be rendered by the person to be appointed is to be established service. | ||
(c) If any question arises as to whether a particular occupation is or is not a scheduled occupation, the question shall be decided by the Minister after consultation with the Commission. | ||
(d) If any question arises as to whether an appointment to a scheduled occupation is or is not or was or was not an appointment to a position in the Civil Service, the question shall be decided by the Minister. | ||
(4) Nothing in this section shall be read as affecting the application of section 34 (1)(i) to appointments to which this section applies. | ||
(5) Nothing in this Act shall be read as affecting section 13 of the British statute passed in the year 1854 and entitled “An Act to provide for the Establishment of a National Gallery of Paintings, Sculpture, and the Fine Arts, for the Care of a Public Library, and the Erection of a Public Museum, in Dublin”. |