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45 1956

CIVIL SERVICE COMMISSIONERS ACT, 1956

PART III.

Appointments to certain Positions in the Civil Service.

Chapter I.

Competitive Appointments.

Appointment of persons to established positions, with certain exceptions.

13. —(1) No person shall be appointed to an established position unless the Commissioners, after holding a competition under section 15, have, under section 17, selected him for appointment to that position.

(2) Subsection (1) of this section does not apply to—

(a) the appointment of a person to an established position on promotion or transfer from another established position, or

(b) the appointment of a person to an established position under section 11 of the Regulation Act.

(3) Subsection (1) of this section does not apply to the appointment of a person to a particular established position where—

(a) the appropriate authority with, in case he is not the Minister, the consent of the Minister, recommends the appointment of that person to that established position, and

(b) the Government, having considered such recommendation, decide that such appointment would be in the public interest.

(4) Subsection (1) of this section does not apply to the appointment of a person to a particular established position where—

(a) that person was appointed to an unestablished position as the result of a competition, the regulations for which made under subsection (3) of section 16 provide that a person appointed thereto may, in certain specified circumstances, be subsequently appointed to that established position, and

(b) the Commissioners are satisfied that the provisions of the said regulations, relating to his prospective appointment to the said established position and such conditions as they may determine have been complied with.

Appointment of persons to unestablished positions, with certain exceptions.

14. —(1) No person shall be appointed to an unestablished position unless the Commissioners, after holding a competition under section 15, have, under section 17, selected him for appointment to that position.

(2) Subsection (1) of this section does not apply to—

(a) the appointment of a person to an unestablished position on promotion or transfer from another unestablished position, which is neither a position in a scheduled occupation nor an excluded position, or

(b) the appointment of a person to an unestablished position under section 11 of the Regulation Act.

(3) Subsection (1) of this section does not apply to the appointment of a person to a particular unestablished position where—

(a) the appropriate authority with, in case he is not the Minister, the consent of the Minister, recommends the appointment of that person to that unestablished position, and

(b) the Government, having considered such recommendation, decide that such appointment would be in the public interest.

Competitions.

15. —(1) The Commissioners shall, subject to the consent of the Minister, hold such competitions as they consider necessary for the selection of persons for appointments to which either subsection (1) of section 13 or subsection (1) of section 14 applies.

(2) Where—

(a) it is proposed to make an appointment or appointments to a position or positions and either paragraph (a) of subsection (2) of section 13 or paragraph (a) of subsection (2) of section 14 applies to the appointment or appointments, and

(b) the Minister decides that it is proper that the person or persons to be appointed should be selected by means of competition, and requests the Commissioners to hold such a competition,

then, the Commissioners shall hold the competition.

(3) Every competition shall consist of such one or more of the following types of test as the Commissioners direct—

(a) a written examination,

(b) an oral examination,

(c) an interview,

(d) a practical examination,

(e) any other test or tests considered by the Commissioners to be appropriate.

(4) Where a competition consists of more than one of the types of test specified in subsection (3) of this section not more than one of the tests need be competitive.

(5) The Commissioners may make admission to any test conditional on a candidate's reaching such a standard as the Commissioners consider requisite.

Regulations in respect of competitions.

16. —(1) Where it is proposed to hold a competition for appointment to one or more positions, the Commissioners shall make regulations which shall include provisions in relation to the following matters—

(a) the type or types of test of which the competition shall consist,

(b) where the competition is to be in whole or in part a written examination, the subject or subjects of the written examination,

(c) the mode of application for admission to the competition,

(d) the manner in which the order of merit of the candidates is to be determined.

(2) The Commissioners may, in making regulations under subsection (1) of this section in relation to a competition, provide, in addition to the matters specified in the said subsection (1), for all or any of the following matters—

(a) the confining of the competition to citizens of Ireland,

(b) the confining of the competition to a specified class of persons defined in such manner and by reference to such things (including service in the Civil Service, sex and physical characteristics) as the Commissioners think proper,

(c) the requirement that, where females are not excluded from the competition, a female candidate to be eligible for selection shall be unmarried or a widow,

(d) the age limits for candidates,

(e) the fee to be paid for admission to the competition,

(f) the expenditure (including fees for medical examination) to be met by candidates in satisfying the provisions of the regulations as to health,

(g) such other matters (including qualifications) as the Commissioners think proper.

(3) The Commissioners may, in making regulations under subsection (1) of this section in relation to a competition for an appointment to an unestablished position, provide that the person appointed thereto may, in certain specified circumstances, be subsequently appointed to a specified established position.

(4) The Commissioners may make general regulations relating to all competitions or to competitions for appointments to positions of a particular class, description or grade, and may, in relation to a particular competition, do any of the following things by regulations made under subsection (1) of this section—

(a) provide that all or any of the general regulations shall not apply,

(b) modify all or any of the general regulations.

(5) Regulations under subsections (1), (2), (3) and (4) of this section shall not be made without the consent of the Minister.

Selection of candidates for appointment after a competition.

17. —(1) For the purposes of this section, a person shall be accepted by the Commissioners as qualified for appointment to a position for which a competition is held if, but only if, the Commissioners are satisfied that—

(a) he possesses the requisite knowledge and ability to enter on the discharge of the duties of that position,

(b) he is within the age limits (if any) prescribed for that position by regulations made under section 16 and applicable to the competition,

(c) he is in good health and free from any physical defect or disease which would be likely to interfere with the proper discharge of his duties in that position and possesses the physical characteristics (if any) prescribed for the position by the said regulations,

(d) he is suitable on grounds of character, and

(e) he is suitable in all other relevant respects for appointment to that position.

(2) Where a competition has been held under section 15, the Commissioners shall select for appointment from the competition such number of candidates as they think proper, subject however as follows—

(a) selection shall be made in accordance with the order of merit as determined under the regulations made under section 16 and applicable to the competition,

(b) only candidates who have been accepted by the Commissioners as qualified for appointment and have complied with the said regulations shall be so selected, and

(c) the filling of the positions for which the candidates are required has been approved by the Minister.

(3) If any question arises under this section as to whether a particular candidate is or is not qualified for appointment to a particular position or as to the place of a particular candidate in the order of merit the question shall be decided by the Commissioners whose decision shall be final.