In subsection (5)(b), to delete “ Civil Service Commissioners Act, 1956 ,” and substitute “Public Service Management (Recruitment and Appointments) Act 2004“.
\nNo. 16 of 1964 Registration of Title 1964 Act
\nIn subsection (5), to delete “appointed to an established position in the Civil Service with a certificate of qualification from the Civil Service Commissioners” and substitute “duly appointed to an established position in the Civil Service”.
\nNo. 9 of 1962 Coroners Act 1962
\nIn subsection (3) to delete paragraphs (c) to (e).
\nNo. 24 of 1961 Road Traffic Act 1961
\nRoad Traffic Act 2002 ):
\nIn subsection (19)(d) to delete “ Civil Service Commissioners Act, 1956 ,” and substitute “Public Service Management (Recruitment and Appointments) Act 2004“.
\nNo. 27 of 1961 Health (Corporate Bodies) Act 1961
\nIn subsection (2) to delete “the application, with the consent of the Local Appointments Commissioners, of the Local Authorities (Officers and Employees) Acts, 1926 and 1940 to appointments” and substitute “the application, with the consent of the Chief Executive of the Public Appointments Service, of the Local Authorities (Officers and Employees) Acts 1926 to 1983 to appointments”.
\nNo. 38 of 1959 Staff of the Houses of the Oireachtas Act 1959
\nIn subsection (2), to delete “the Commissioners Act, as applied and amended by Part III of this Act” and substitute “the Public Service Management (Recruitment and Appointments) Act 2004“.
\nTo delete “Commissioners Act” and substitute “Public Service Management (Recruitment and Appointments) Act 2004”.
\nTo delete Part III and substitute the following: “PART III APPLICATION OF PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004 TO MEMBERS OF THE JOINT STAFF OF THE HOUSES OF THE OIREACHTAS Application of Public Service Management (Recruitment and Appointments) Act 2004.
\n11.—The provisions of the Public Service Management (Recruitment and Appointments) Act 2004 shall apply to members of the joint staff of the Houses of the Oireachtas.”.
\nNo. 45 of 1956 Civil Service Commissioners Act 1956 The whole Act repealed.
\nNo. 9 of 1955 Local Government Act 1955
\nIn subsection (1) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service”.
\nIn subsection (2) to delete “Local Appointments Commissioners, if they so think fit” and substitute “Chief Executive of the Public Appointments Service, if the Chief Executive so thinks fit”.
\nIn subsection (3): (a) to delete “Local Appointments Commissioners are” and substitute “Chief Executive of the Public Appointments Service is”, and (b) to delete “Local Appointments Commissioners, if they so think fit,” and substitute “Chief Executive, if the Chief Executive so thinks fit”.
\nIn subsection (4): (a) to delete “Local Appointments Commissioners may, with the consent of the appropriate Minister,” and substitute “Chief Executive of the Public Appointments Service may, with the consent of the Commission for Public Service Appointments and the relevant Minister (within the meaning given by section 2 of the Public Service Management (Recruitment and Appointments) Act 2004)”, (b) to delete the last sentence relating to “the appropriate Minister”, and (c) to insert the following subsection after subsection (4): “(5) Rules made under subsection (4) of this section shall, for the purposes of the Statutory Instruments Acts 1947 and 1955, be deemed not to be statutory instruments to which those Acts primarily apply.”.
\nNo. 26 of 1953 Health Act 1953
\nNo. 7 of 1952 Sea Fisheries Act 1952 First Schedule:
\nIn paragraph 7— (a) in subparagraph (5) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in every other place where it occurs, (b) in subparagraph (6) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in both places where it otherwise occurs, and (c) in subparagraph (7) to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” where it last occurs.
\nNo. 9 of 1946 Harbours Act 1946
\nNo. 10 of 1946 Turf Development Act 1946
\nIn subsection (4), to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in both places where it otherwise occurs.
\nIn subsection (5), to delete “Local Appointments Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” and substitute “Chief Executive” in both places where it otherwise occurs.
\nNo. 24 of 1942 Superannuation Act 1942
\nIn subsection (2), to delete “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments”.
\nNo. 27 of 1927 Electricity (Supply) Act 1927
\nTo delete subsections (3) and (4).
\nNo. 39 of 1926 Local Authorities (Officers and Employees) Act 1926
\nIn subsection (1) (inserted by the Local Government Act 1998 ): (a) in paragraph (a) and (b) to delete “Commissioners” in each place where it occurs and substitute “Commission for Public Service Appointments and the Chief Executive of the Public Appointments Service”, and (b) to delete paragraph (c) and substitute the following: “(c) (i) Every order under this subsection, other than an order to which subparagraph (ii) of this paragraph relates, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (ii) Where any proposed order includes a provision that would have the effect of any office ceasing to be an office to which this Act applies, then such an order shall not be made under this subsection unless a draft of it has been laid before and approved of by both Houses of the Oireachtas.”.
\nTo delete subsection (4) and substitute the following: “(2) Every question or dispute as to whether any particular office or employment is or is not an office to which this Act applies shall be decided in the following manner: (a) where the Minister of the Government concerned, the Commission for Public Service Appointments and Chief Executive of the Public Appointments Service are in agreement on the decision to be reached by them, by their decision so reached, (b) in any other case, by the decision of the Minister for Finance after consulting with the Minister of the Government concerned, the Commission for Public Service Appointments and Chief Executive of the Public Appointments Service, and the decision under paragraph (a) or (b) of this subsection shall be final and conclusive.”.
\nSections 3 and 4:
\nTo delete both sections.
\nIn subsections (1) and (2) to delete “Commissioners” in both places where it occurs and substitute “Chief Executive of the Public Appointments Service”.
\nIn subsection (1) to delete “Commissioners” in each place where it occurs and substitute “Chief Executive of the Public Appointments Service”.
\nIn subsection (2) to delete “Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” where it last occurs and insert “Chief Executive”.
\nIn subsection (3) to delete “Commissioners” and substitute “Chief Executive of the Public Appointments Service” and to delete “they” and substitute “the Chief Executive”.
\nTo delete subsection (4) and substitute the following: “(4) On receiving a recommendation under this section from the Chief Executive of the Public Appointments Service, the local authority shall appoint to the said office the person recommended or, where more than one person is so recommended, such one of the persons so recommended as the Chief Executive shall think proper.”.
\nIn subsection (5) (inserted by the Local Government Act 2001 ) to delete “is recommended by the Commissioners” and substitute “is duly recommended”.
\nIn subsection (6) (inserted by the Local Government Act 1955 ): (a) in paragraph (a) to delete “Commissioners” and substitute “Chief Executive of the Public Appointments Service”, and (b) in paragraph (b) to delete “Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service” and to delete “Commissioners” where it last occurs and insert “Chief Executive”.
\nTo delete section 7 and substitute the following: “Qualifications for appointments.
\n7.—Where for the purpose of recommending a person for appointment to an office to which this Act applies a local authority or the Minister requests the Chief Executive of the Public Appointments Service to make such a recommendation, then the relevant provisions of any code of practice under the Public Service Management (Recruitment and Appointments) Act 2004 relating to requirements for appointment to such office shall apply.”.
\nTo delete section 8 and substitute the following: “Selection by competitive examination.
\n8.—(1) The Chief Executive of the Public Appointments Service shall, in selecting any person to be recommended under this Act, have regard to a competition conducted by the Chief Executive in accordance with the relevant codes of practice of the Commissioners for Public Service Appointments under the Public Service Management (Recruitment and Appointments) Act 2004.
\nTo delete the section.
\nTo delete the section.
\nRevocations and Amendments to Statutory Instruments Citation and number and year Amendment, etc.
\nLocal Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ).
\nTo delete references to “Local Appointments Commissioners” and substitute “Commission for Public Service Appointments”.
\nNational Archives Act 1986 (Prescription of Classes of Records) Order 1997 ( S.I. No. 281 of 1997 ).
\nSecond Schedule:
\nTo delete the following: “ Civil Service Commissioners Files relating to competitons held by the Commissioners.
\nLocal Appointments Commissioners Files relating to competitions held by the Commissioners. ” and substitute the following: “ Public Appointments Service Files held by the Public Appointments Service relating to competitions held by it or by the former Civil Service Commissioners or Local Appointments Commissioners.
\nCommission for Public Service Appointments Files held by the Com mission for Public Service Appointments relating to competitions held by the former Civil Service Commissioners or Local Appointments Commissioners. ”.
\nGarda Síochána (Admissions and Appointments) Regulations 1988 ( S.I. No. 164 of 1988 ).
\nRegulation 5:
\nIn paragraph (1)(e) to delete “Civil Service Commissioners” where it first occurs and substitute “Chief Executive of the Public Appointments Service or other licence holder under the Public Service Management (Recruitment and Appointments) Act 2004, as the case may be” and to delete “Civil Service Commissioners” where it last occurs and substitute “Chief Executive or other licence holder”.
\nGarda Síochána (Promotion) Regulations 1987 ( S.I. No. 39 of 1987 ).
\nRegulation 6 (inserted by the Garda Síochána (Promotion) (Amendments) Regulations 2001 ( S.I. No. 392 of 2001 )):
\nTo delete paragraph (d) and substitute the following: “(d) a person nominated by the Commission for Public Service Appointments.”.
\nRegulation 10:
\nIn paragraph (1) to delete “Civil Service Commissioners” and substitute “Commission for Public Service Appointments”.
\nHealth Officers (Regulations) 1953 ( S.I. No. 158 of 1953 ).
\nRegulation 3:
\nIn paragraph (a), to delete “Local Appointments Commissioners” and substitute “Public Appointments Service”.
\nRegulation 8:
\nTo delete “Local Appointments Commissioners” and substitute “Public Appointments Service”.
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