Public Service Management (Recruitment and Appointments) (Amendment) Act 2013
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — In this Act “Principal Act” means the Public Service Management (Recruitment and Appointments) Act 2004 .
num: 2
paragraphs: — Section 2(1) of the Principal Act is amended—
(a) in the definition of “appointment”, by inserting “but does not include redeployment pursuant to Part 6A” after “section 6”,
(b) by substituting the following for the definition of “public service body”:
“ ‘public service body’ means, other than for the purposes of Parts 6A and 7A—
(a) the Civil Service,
(b) the Garda SÃ­ochÃ¡na,
(c) a local authority within the meaning of the Local Government Act 2001 ,
(d) the Health Service Executive,
(e) an education and training board, and
(f) such other body or bodies as may be prescribed by the Minister by order under section 6 in accordance with that section,
and reference to ‘public service’ shall be read accordingly;”,
(c) by inserting the following after the definition of “officer of the Houses of the Oireachtas”:
“ ‘pre-existing public service pension scheme’ has the meaning it has in section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ;”,
and
num: 3
paragraphs: — Section 7 of the Principal Act is amended—
(a) in subsection (2) by deleting paragraph (a), and
(b) by substituting the following for subsection (4):
“(4) Nothing in this section shall be read as affecting—
(a) the application of section 34(1)(i) to appointments to which this section applies, or
(b) the operation of Part 7A.”.
num: 4
paragraphs: — Section 8 of the Principal Act is amended—
(a) in subsection (2) by substituting “for the purposes of any provisions of this Act other than Parts 6A and 7A,” for “for the purposes of this Act,”, and
(b) in subsection (8) by substituting “for the purposes of any provisions of this Act other than Parts 6A and 7A” for “for the purposes of this Act”.
num: 5
paragraphs: — The Principal Act is amended by inserting the following section after section 34:
“Additional functions of Public Appointments Service.
34A.— In addition to the functions set out in section 34, the Public Appointments Service shall have the functions set out in Part 6A.”.
num: 6
paragraphs: — The Principal Act is amended by inserting the following Part after Part 6:
“PART 6A
Redeployment
Interpretation of Part and operation of designations under it.
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,
num: 7
paragraphs: — The Principal Act is amended by inserting the following Part after Part 7:
“PART 7A
SICK LEAVE REMUNERATION
Interpretation of Part.
58A.— (1) In this Part—
‘condition’ includes, if the Minister so determines and makes (whether in respect of the whole of a period claimed to be sick leave or portion of such a period) provision in that behalf in the regulations concerned, a condition that a medical practitioner of a class specified in the regulations certify in writing that the public servant concerned is unable to attend to his or her duties due to illness or injury;
‘public service body’ means—
(a) the Civil Service,
(b) that category of persons referred to in section 30 (g) of the Defence Act 1954 , namely civilians employed thereunder by the Minister for Defence,
(c) the Garda SÃ­ochÃ¡na,
(d) a local authority within the meaning of the Local Government Act 2001 ,
(e) the Health Service Executive,
(f) an education and training board,
num: 8
paragraphs: — Schedule 2 to the Principal Act is amended in the third column of Part 1 by substituting “Section 11” for “Section 14” opposite the reference in the second column to the Aviation Regulation Act 2001 .
num: 9
paragraphs: — The Schedule, numbered “3” and set out in the Schedule to this Act, is inserted after Schedule 2 to the Principal Act.
num: 10
paragraphs: — This Act may be cited as the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013.