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33 2004

Public Service Management (Recruitment and Appointments) Act 2004

PART 8

Transitional, Repeals and Consequential Amendments

Definition (Part 8).

59.— In this Part “dissolved bodies” means the Civil Service Commissioners and the Local Appointments Commissioners.

Transfer of rights and liabilities and continuance or completion of matters.

60.— (1) On the establishment day and subject to the other provisions of this Part, all rights and liabilities of the dissolved bodies shall—

(a) in so far as they relate only to the conduct of competitions, stand transferred to the Public Appointments Service, and

(b) in every other case, stand transferred to the Commission.

(2) Every right and liability transferred by subsection (1) to—

(a) the Public Appointments Service, or

(b) the Commission,

may be sued on, recovered or enforced by or against the Service or the Commission, as the case may be, in the name of the Service or the Commission, respectively, and it shall not be necessary for the Service or the Commission to give notice to the person whose right or liability is transferred by this section of such transfer.

(3) All legal proceedings pending immediately before the establishment day to which either or both of the dissolved bodies were a party shall continue with the substitution for the dissolved body concerned of the Commission or the Public Appointments Service, as appropriate having regard to subsection (1).

(4) On the establishment day all property including choses-in-action, which immediately before that day was the property of either or both of the dissolved bodies shall stand vested, without any assignment, in—

(a) the Public Appointments Service, in so far as it relates only to the conduct of competitions, and

(b) the Commission in every other case.

(5) Every chose-in-action transferred by subsection (4) to the Commission or the Public Appointments Service may, after the establishment day, be sued on, recovered or enforced by it in the name of the Commission or the Service, respectively, and it shall not be necessary for the Commission or the Service to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(6) Anything commenced but not completed before the establishment day by either or both of the dissolved bodies may be carried on and completed on or after that day—

(a) in so far as it relates only to the conduct of competitions, by the Public Appointments Service, and

(b) in every other case, by the Commission.

Repeals, revocations and amendments.

61.— (1) The Acts referred to in the first and second columns of Part 1 of Schedule 2 are amended or repealed to the extent specified in the third column of that Part opposite the references to the Act concerned.

(2) (a) The statutory instruments set out in the first column of Part 2 of Schedule 2 are amended or revoked to the extent specified in the second column of that Part opposite the reference to the instrument concerned.

(b) The amendment of a statutory instrument by this Act shall not be read as restricting any further amendment of the instrument (including the amendment by this Act) or its revocation in a manner otherwise duly provided for.

Saver for certain regulations and rules.

62.— (1) Where immediately before the establishment day there are in force any regulations made under section 16 or 29 of the Civil Service Commissioners Act 1956 or section 8 of the Local Authorities (Officers and Employees) Act 1926 , then the following shall apply in respect of those regulations—

(a) where the regulations relate to one or more particular competitions for appointment or to one or more particular examinations, then references (express or implied) to either of the dissolved bodies shall, for the purposes of section 60 (6)(a), be construed as references to the Public Appointments Service, and

(b) in every other case—

(i) references (express or implied) to either of the dissolved bodies shall be construed as references to the Commission, and

(ii) the regulations shall be deemed to be codes of practice to which section 23 relates.

(2) Where immediately before the establishment day there are in force any rules made under section 30 of the Civil Service Commissioners Act 1956 then the following shall apply in respect of those rules—

(a) references (express or implied) to the Civil Service Commissioners shall be construed as references to the Commission, and

(b) the rules shall be deemed to be codes of practice to which section 23 relates.

(3) Where immediately before the establishment day there is in force any order under section 2 of the Local Authorities (Officers and Employees) Act 1926 declaring an office to be an office to which that Act applies, then every such order—

(a) shall continue and be deemed to comply with the requirements of that section as amended by this Act, and

(b) may be amended or revoked under that section as so amended.

References to dissolved bodies in enactments.

63.— (1) Where in any enactment there is a reference, however expressed, to either or both of the dissolved bodies, then the reference shall, where appropriate and subject to the other provisions of this Act, be read—

(a) in so far as it relates only to the conduct of competitions, as a reference to the Public Appointments Service, and

(b) in every other case, as a reference to the Commission.

(2) Nothing in this section shall be read as restricting any power duly exercisable to amend or otherwise affect an enactment made under any Act.

Final accounts of dissolved bodies.

64.— (1) Final accounts of the dissolved bodies shall be drawn up by the Chief Executive of the Service as soon as may be after the establishment day in such form as may be approved of by the Minister, and in respect of such period or periods as may be specified by the Minister.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Chief Executive of the Service to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.