333 tal-2015 - Regolamenti tal-2015 tal-Kummissjoni dwar is-Servizz Pubbliku dwar Ħatriet

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,486, 16 ta’ Ottubru, 2015

Taqsima B

Regolamenti tal-2015 tal-Kummissjoni dwar is-Servizz Pubbliku dwar Ħatriet

(1) The title of these regulations is Public Service Citation and

coming into

Commission Appointments Regulations, 2015.

force.

(2) These regulations shall come into force on the 1st February

2016.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the 1960 Regulations" means the Public Service Commission

Regulations;

"advertise" means to issue a notice aimed at bringing a call for

applications to the attention of a wider audience;

"call for applications" means a call for applications for a

vacancy to which regulation 3(1) applies;

"Commission" means the Public Service Commission as

constituted under article 109 of the Constitution;

"Disciplinary Regulations" means any regulations on discipline

in the public service issued under the Constitution;

"Executive Secretary" means the Executive Secretary of the

Public Service Commission;

"Head of Department" means -

(a)

the Principal Permanent Secretary;

(b)

Permanent Secretaries;

(c)

the head of any department of Government that is

listed in the Second Schedule to the Public Administration Act; Cap. 497.

(d)

any public officer at directorship level or higher who

is responsible for human resource management, corporate

services or administration in a ministry; and

(e)

any other public officer or other authority to whom

power to make appointments has been delegated under article

110(1) of the Constitution

Provided that where power to make appointments, or to

take any other action to which these regulations apply, has been

delegated to the holder of a particular office under article 110(1) of

the Constitution, only the holder of that office may exercise the power

so delegated;

"instrument of delegation" means an instrument through which

powers are delegated under article 110(1) of the Constitution;

"merit principle" means any or all of the provisions of the

following, as applicable

(a)

regulation 5 with respect to calls for applications;

(b) regulation 12(2) with respect to the composition of

selection boards;

(c)

regulation 14 with respect to the assessment of

applicants;

(d)

regulation 16(2) with respect to selection criteria;

and

(e)

regulation 25 with respect to appointments;

"ministry" has the meaning assigned by article 2(1) of the Public

Administration Act;

"Permanent Secretary" means a public officer appointed in

terms of article 92(3) of the Constitution;

"post" has the meaning assigned by article 2(1) of the Public

Administration Act;

"Principal Permanent Secretary" means the public officer

appointed in terms of article 14 of the Public Administration Act;

"public officer" or "officer" means a public officer as defined by

article 124(1) of the Constitution, but shall not, for the purposes of

these regulations, include judges or magistrates;

"public service" has the meaning assigned by article 124 of the

Constitution;

"Public Service Management Code" means the body of

instructions to which article 15(5) of the Public Administration Act Cap. 497.

refers;

"publish" includes, with respect to calls for applications,

publication online and circulation to public officers electronically or

through internal channels of communication;

"reasonable accommodation" includes

(a)

making existing facilities used by employees readily

accessible to and usable by persons with disabilities; and

(b) restructuring jobs, instituting part-time or modified

work schedules, reassigning vacant positions, acquiring or

modifying equipment or devices, appropriately adjusting or

modifying examinations, training materials or policies,

providing qualified readers or interpreters, and making any

other similar accommodation for a person with a disability;

"recommendation" means, with respect to appointments, a

recommendation by the Commission under article 110(1) of the

Constitution;

"Registrar of Examinations" means the person appointed in

terms of article 125 of the Education Act;

"selection board" means a body appointed in terms of regulation

"Standing Selection Panel" means a panel established in terms

of regulation 11;

"vacancy" and "vacant post" shall be understood in accordance

with regulation 3(1).

(2) In these regulations, unless the context otherwise requires,

any reference to the holder of a particular office shall include any

person performing the functions of that office during any period in

which it is vacant or the holder thereof is absent.

(1) Unless provided otherwise in these regulations, Applicability of

these regulations apply to the filling of vacancies in the public service these

regulations.

through appointments that are made -

(a)

in terms of article 110(1) of the Constitution,

whether by the Prime Minister or under delegated authority; and

(b)

following the publication of calls for applications.

(2) Regulations 27 to 32 (both inclusive), 35, and 36 apply to

all appointments under article 110(1) of the Constitution.

(3) Where these regulations are in conflict with any instrument

of delegation, these regulations shall prevail unless they or the

instrument of delegation specifically provide otherwise, regardless of

whether the instrument was issued before or after the coming into

force of these regulations.

(4) These regulations are without prejudice to the power of the

Commission to recommend appointments without recourse to a call

for applications where the Commission is satisfied that, in the

circumstances, a call for applications is inappropriate.

(5) The Commission may make special provision, departing

from the provisions of these regulations, for positions of Director and

Director General and other positions equivalent thereto.

Part II - Calls for applications

(1) A Head of Department shall not require the approval

or endorsement of the Commission before publishing a call for

applications, provided that the call conforms to these regulations and

any requirements prescribed by the Commission under regulation 7.

(2) This regulation is without prejudice to the powers of the

Commission as set out hereunder, including the power to annul

provisions of a call and to direct that a call be amended or withdrawn.

(1) Any call for applications shall be published or

advertised in such a manner as to afford those eligible for the vacancy

a reasonable chance to see the call and to submit applications.

(2) No call for applications shall include provisions that are

unfair or unreasonable when set against the duties of the vacant post

and the needs of the public service.

(3) Eligibility requirements for any vacancy shall reflect

solely the duties of the vacant post and the needs of the public

service.

(4) The Commission may take remedial action as provided

hereunder if it considers that a call for applications does not meet the

standards set out in this regulation.

Where a call for applications is published in Maltese and in Publication of

any other language, the Maltese text of the call shall prevail in the calls

than one official

event of any conflicts between the texts.

language.

(1) The Commission may prescribe standard Power of the

requirements with respect to the drafting, publication and Commission

prescribe

advertisement of all calls for applications or any particular category requirements

calls.

thereof.

(2) The Commission may, further, prescribe standard

provisions for inclusion in all calls for applications or any particular

category thereof.

(1) The Commission may, for objective reasons, exempt Power of the

any applicant from any particular requirement in a call for Commission

exempt

applications to which that applicant is subject if the Commission is applicants

requirements in

satisfied that such an exemption is necessary to -

a call.

(a)

eliminate an injustice that would otherwise occur,

bearing in mind the need for fairness towards all applicants

under the same call; or

(b) provide reasonable accommodation to a person with

a disability in terms of the Equal Opportunities (Persons with Cap. 413.

Disability) Act, bearing in mind article 7(2)(f) of the said Act.

(2) Without prejudice to regulation 9, an applicant who is

subject to any mandatory requirement in a call for applications may

be exempted from that requirement only as provided for in this

regulation.

(1) Once a call for applications has been published, the Power of the

Commission shall have the power to rule on the interpretation of any Commission

interpret calls

provisions of the call and, subject to any other law, the ruling of the and

annul provisions

Commission shall be final and definitive.

thereof.

(2) The Commission may modify by interpretation or annul

any provisions of a call for applications which the Commission

considers as -

(a)

unclear;

(b) in conflict with other provisions of the same call

including but not limited to a difference between the different

language versions in which the text of the call was published;

(c)

in conflict with these regulations or any other law;

or

(d)

unreasonable.

(3) Where the Commission considers that action under sub-

regulation (2) would not be sufficient to remedy the defects in a call

for applications, the Commission may take action in terms of

regulation 10.

(1) Where the Commission considers that a published

call for applications is in conflict with these regulations or any other

law, or contains any defect, and regulation 9 is not applicable or

offers an insufficient remedy, the Commission may direct the

responsible Head of Department to

(a)

publish an amendment to the call in such a manner

and containing such provisions as the Commission may direct,

including if appropriate the extension of the time available for

the submission of applications; or

(b) withdraw the call and publish a revised call in such a

manner and with such amendments as the Commission may

direct.

(2) The Commission may in addition issue directions to the

Head of Department concerning the advertisement of the published

amendment or revised call.

Part III - Standing Selection Panels and selection boards

(1) The Permanent Secretary of each ministry shall,

subject to the approval of the Commission, establish a Standing

Selection Panel consisting of suitable and competent persons, who

shall not be serving public officers but who may be former public

officers.

(2) Members of the Standing Selection Panel shall serve

thereon for a period of up to thirty-six months with the possibility of

renewal, subject to approval by the Commission, for further terms of

up to thirty-six months each

Provided that a member of the Panel may be removed by

the Commission, at its discretion, at any time.

(1) Subject to sub-regulation (2), a selection board shall

consist of not less than three persons appointed by the responsible

Head of Department and drawn from any one or more of the

following categories

(a)

suitable and competent serving public officers;

(b) members of the Standing Selection Panel of the

relevant ministry;

(c)

other persons with expertise that is particularly

relevant to the vacant post or the selection process

Provided that the selection board shall include at least one

serving public officer.

(2) Except in so far as the Commission may direct otherwise,

no selection board shall include

(a)

members of staff of the secretariat of the Prime

Minister, or of a Minister, or of a Parliamentary Secretary;

(b) members of the House of Representatives of Malta,

councillors in Maltese local councils, or members of the

European Parliament;

(c)

candidates for election to the House of

Representatives of Malta, or a Maltese local council, or the

European Parliament, or persons who were candidates in the

most recent election to any of the said bodies;

(d) persons who hold posts, paid or unpaid, elected or

appointed, in the structure of a political party, or persons who

held such posts within the last five years;

(e)

any official of a trade union that represents

applicants for the vacant post;

(f)

any person who is under a disqualification issued by

the Commission in accordance with sub-regulation (3); or

(g) any other person who would be placed in a conflict

or an apparent conflict of interest if he sat on the selection

board.

(3) The Commission may disqualify any person from serving

on any or all selection boards, and the disqualification shall be

indefinite or for such a period as the Commission may specify.

(4) If a person is appointed to a selection board

notwithstanding sub-regulation (2), or sub-regulation (2) becomes

applicable to that person following his appointment to the selection

board, that person shall so inform the Head of Department, who shall

remove the person from chairperson or member of the selection

board, unless any applicants have already been interviewed or

otherwise assessed by the selection board, in which case the Head of

Department shall seek directions from the Commission.

(5) All members of a selection board, regardless of their

occupation, shall in their capacity as members of the board be

considered public officers for the purposes of article 92 of the

Criminal Code.

(1) Subject to sub-regulation (2) and to regulation 34,

the suitability of applicants for a vacancy shall be assessed by a

selection board, which shall be responsible for all stages of the

selection process including

(a)

the determination of whether or not applicants

satisfy the eligibility requirements in the call for applications;

(b)

the short-listing of applicants, where applicable; and

(c)

the conduct of interviews.

(2) Where the selection process for a vacancy includes a

written examination, trade test or another selection mechanism of a

specialised nature, such a mechanism may be administered by the

Registrar of Examinations, or by any other person or body that may

be approved for the purpose by the Commission

Provided that a selection board may itself supplement

interviews with other selection mechanisms that are within the

competence of its members to administer, if such mechanisms would

enable the board to better assess applicants against the selection

criteria for the vacant post.

(1)

In the assessment of applicants, a selection board

shall

(a)

apply the eligibility requirements for the vacant post

uniformly to all applicants who are subject thereto in terms of

the call for applications, unless the Commission has granted

exemptions or modified or annulled any such requirements

under regulations 8 or 9 respectively; and

(b) assess applicants who satisfy the eligibility

requirements on a consistent basis against the selection criteria

for the vacant post with a view to identifying the applicant who

is best suited for the post.

(2) Sub-regulation (1)(b) shall be without prejudice to

(a)

the use of short-listing with a view to limiting the

number of applicants who are to undergo the remaining stages

of the selection process, provided that short-listing is carried out

on objective grounds that are directly relevant to the vacant

post, and in accordance with any relevant directions that may be

issued by the Commission; and

(b) the vacancy not being filled if, in the judgement of

the selection board, none of the eligible applicants are capable

of performing the duties of the post to a satisfactory standard.

(3) In the assessment of individual applicants, a selection

board shall not be subject to the direction or control of any person or

authority other than the Commission, acting in the exercise of its

powers under these regulations.

Part IV - The selection process under delegated authority

The provisions of this Part shall apply where -

Application of

this Part.

(a)

power to make appointments has been delegated to a

public officer or other authority, not including the Commission,

by means of an instrument of delegation;

(b) that instrument authorises the officer or other

authority to make appointments without reference to the

Commission; and

(c)

appointments are so made following the publication

of calls for applications.

(1) The selection criteria for a vacant post shall be Selection

established by the responsible Head of Department, who may, without criteria.

prejudice to regulation 14(3), give general directions to the selection

board concerning the interpretation of the selection criteria.

(2) The selection criteria for a vacant post shall reflect solely

the duties of the post and the needs of the public service.

(1) At the end of the selection process, a selection board Conclusion of

shall submit to the responsible Head of Department a report on the the

process and

selection process.

communication

of the outcome

to applicants.

(2) The Head of Department shall ensure that the report of the

selection board satisfies any requirements concerning content and

presentation that may be issued from time to time by the Commission,

and he may refer the report back to the board with instructions to

correct the report if the Head of Department considers that the report

contains shortcomings in this respect; but the Head of Department

may not give directions to the board to alter its conclusions in any

material terms, and if the Head of Department has any concerns with

respect to the selection process he shall submit those concerns

directly to the Commission.

(3) Upon receiving a report from the selection board that is

satisfactory in terms of its content and presentation, the Head of

Department shall arrange for the outcome of the selection process to

be made known to applicants in accordance with any relevant

directions that may from time to time be issued by the Commission.

The Commission may issue directions to regulate any

aspect of the selection process, including but not limited to

(a)

the setting of selection criteria;

(b) the procedure to be followed in dealing with

applications;

(c)

the proceedings of selection boards;

(d)

the use of short-listing;

(e)

the content and presentation of selection board

reports; and

(f)

the manner in which the outcome of the selection

process shall be made known to applicants.

(1) The Commission may, on its own initiative or

following petitions or representations by applicants or submissions by

Heads of Department, inquire into and investigate any selection

process.

(2) In its inquiries and investigations under this regulation the

Commission shall not substitute the judgement of a selection board

with respect to those elements of the selection process that are

legitimately subjective in nature, provided that the Commission is

satisfied that -

(a)

the selection process has been or is being conducted

in accordance with the merit principle;

(b) the selection board has interpreted the eligibility

requirements and the selection criteria in a reasonable manner

and has not been influenced by any considerations extraneous

thereto; and

(c)

the selection board has not committed any

irregularities of procedure or errors in its appreciation of facts

that have had or will have a material effect on the outcome of

the selection process.

(3) Where the Commission finds that a selection process does

not satisfy the requirements set out in sub-regulation (2), or is

otherwise in breach of these regulations, any directions issued by the

Commission, or any relevant directives issued by the Principal

Permanent Secretary, the Commission may take such action as it

deems fit by way of remedy, including

(a)

directing the selection board to interview an

applicant whom it has wrongly deemed ineligible;

(b)

suspending the selection process;

(c)

issuing an amended selection result, or directing the

selection board to do so;

(d) annulling the selection process and directing that it

be repeated by a fresh selection board;

(e)

disqualifying an applicant in accordance with

regulation 20;

(f)

taking action for the revocation of an appointment in

accordance with regulation 32;

(g) instituting disciplinary proceedings under the

Disciplinary Regulations against any public officer responsible

for the deficiencies in the selection process; and

(h) making recommendations to the Prime Minister, or

to other authorities as appropriate, to take such disciplinary or

criminal action as it may consider appropriate in the

circumstances.

(4) The issue of an amended selection result shall not entitle

applicants to submit fresh petitions under regulation 24, but the

Commission may, at its discretion, grant such an opportunity to any

candidates who have been disadvantaged by the amended result.

(5) The issue of an amended selection result shall not affect

the validity period of the result, if the result is subject to such a

period, unless the Commission decides otherwise.

(1) Subject to sub-regulation (2), the Commission may

disqualify, or direct a selection board to disqualify, an applicant if -

(a)

the appointment of that applicant would be contrary

to the law, or the applicant would not, if appointed, be permitted

by law to carry out the duties of the vacant post;

(b) the applicant does not meet or no longer meets the

eligibility requirements for the vacant post or any other

mandatory requirement in the call for applications;

(c)

the applicant is unable to carry out the duties of the

vacant post due to physical or mental infirmity, and it is not

possible to provide reasonable accommodation to enable him to

perform the said duties;

(d) the applicant would, on appointment, be beyond the

established retirement age;

(e)

the applicant has a criminal record which, in the

Commission’s opinion, makes him unfit for the vacant post;

(f)

the applicant was previously dismissed from the

Public Service or has a disciplinary record which, in the

Commission’s opinion, makes him unfit for the vacant post;

(g) the applicant presents incorrect information on his

qualifications, experience or other matters of direct relevance to

the selection process;

(h) the applicant attempts to influence the selection

process through representations with selection board members,

members or staff of the Commission, or other persons, in a

manner otherwise than as permitted by these regulations, the

Public Service Management Code, or any other official

directions or instructions relating to the selection process;

(i)

the applicant would, if appointed, be in a situation of

conflict of interest which in the opinion of the Commission

would interfere with his ability to faithfully discharge the duties

of the post, and he is unable or unwilling to take those steps

necessary to remove the conflict;

(j)

the applicant is unable or unwilling to adhere to any

reasonable conditions or requirements attached to the vacant

post; or

(k)

the Commission considers the applicant to be unfit

for the vacant post for any other valid reason.

(2) Before the Commission disqualifies an applicant on any of

the grounds given in paragraphs (c) and (e) to (k) (both inclusive) of

sub-regulation (1), the Commission shall give the applicant the

opportunity to submit representations in writing.

(3) Sub-regulations (1) and (2) shall be without prejudice to

any arrangements whereby an appointment is temporarily withheld

from an applicant who is facing disciplinary or criminal charges,

provided that -

(a)

if the appointee is cleared of the charges, he shall be

entitled to the appointment; or

(b) if the appointee is found guilty of the charges, and

the Commission considers that he is as a result unsuitable for

the appointment, action for his disqualification shall be taken in

accordance with sub-regulations (1) and (2).

Part V - The selection process where power to make appointments

has not been delegated

(1) Where power to make appointments has not been The selection

delegated as specified in regulation 15, or power so delegated has process

power to make

been withdrawn, the provisions of Part IV shall apply subject to the appointments

has not been

following provisions

delegated or has

been withdrawn.

(a)

the selection criteria shall be drawn up by the

responsible Head of Department, who shall submit them for the

approval of the Commission;

(b) no stage of the selection process involving the use of

selection criteria shall commence unless and until the criteria

are approved by the Commission;

(c)

the selection board shall submit its report on the

outcome of the selection process to the Commission for its

approval, with a copy to the Head of Department; and

(d) the outcome of the selection process shall not be

considered official and shall not made known to any applicants

unless and until the report of the selection board is approved by

the Commission.

(2) The power of the Commission under sub-regulation (1) to

approve the reports of selection boards shall be without prejudice to

the exercise by the Commission of its other powers under these

regulations, including the power to inquire into selection processes, to

consider petitions and to take remedial action.

Part VI - Representations and petitions by applicants

(1) Where an applicant for a vacant post is found

ineligible or is disqualified for any other reason, he shall have the

right to be given the grounds for the ineligibility or disqualification as

applicable.

(2) An applicant for a vacant post who is not short-listed for

the post shall have the right to know on what grounds he has not been

short-listed.

(3) An applicant for a vacant post who goes through all the

stages of the selection process shall have the right to a breakdown of

his marks according to the selection criteria, in so far as the selection

process involves the allocation of marks.

(4) This regulation shall not apply to any component of a

selection process which is administered by a person or body other

than a selection board as provided for by regulation 13(2), if that

person or body has an established procedure whereby an applicant

can seek a review of the assessment of his performance in that

component of the selection process.

(1)

An applicant for a vacant post who -

(a)

is found by the selection board not to satisfy the

eligibility requirements for the post, or who is disqualified by

the selection board for any other reason; and

(b) is of the view that the selection board has decided

wrongly in his regard,

may submit representations to the Commission within five working

days from the date when action is taken to inform him that he has

been found ineligible or otherwise disqualified.

(2) The Commission may consider representations that are

submitted after the time limit set out in sub-regulation (1) if, in the

opinion of the Commission, there is reasonable justification for the

late submission of the said representations.

(3) The Commission shall not be obliged to consider any

representations by an applicant under this regulation unless the

applicant clearly indicates the reasons for which he considers the

decision of the selection board to be incorrect, and unless he submits

such evidence as he may reasonably be expected to submit in support

of his representations.

(4) If an applicant submits representations to the Commission

under this regulation, the selection board shall not be required to

suspend the selection process; but it shall not finalise or submit its

report until the Commission comes to a final decision with respect to

the applicant’s representations.

(5) This regulation shall apply mutatis mutandis to applicants

who are considered eligible but who are not short-listed, if short-

listing is applied in the selection process.

(1) An applicant for a vacant post, who goes through all Petitions by

the stages of the selection process and who feels aggrieved by the applicants

concerning the

result of the selection board on the ground that the result does not outcome

selection

reflect the merit principle, may petition the Commission for redress. process.

(2) A petition under this regulation shall be submitted by the

applicant within ten working days from the date when action is taken

to make the outcome of the selection process known to him.

(3) The Commission may consider a petition that is submitted

after the time limit set out in sub-regulation (2) if, in the opinion of

the Commission, there is particular justification for the late

submission of the said petition.

(4) The Commission shall not be obliged to consider any

petition by an applicant under this regulation unless the applicant

indicates in clear and specific terms the reasons for which he

considers that the outcome of the selection process does not reflect

the merit principle.

(5) Where a petition is submitted to the Commission, action to

fill the vacant post shall be withheld in accordance with regulation

26, unless the Commission decides otherwise as provided therein; and

if the Commission upholds the petition, it shall take such action as is

necessary under regulation 19 by way of a remedy for the applicant

Provided that the Commission shall be obliged to provide a

remedy only if the remedy to which the applicant is entitled according

to the merits of his case is sufficient to make a practical difference to

the outcome of the selection process.

(6) This regulation shall not apply with respect to any

component of a selection process that is administered by a person or

body other than a selection board as provided for by regulation 13(2),

if that person or body has an established procedure whereby an

applicant can seek a review of the assessment of his performance in

that component of the selection process.

Part VII - Appointments

A vacant post shall be filled through the appointment of

the applicant who is the most suitable among those available as

resulting from the selection process, unless the said applicant has

been disqualified by the Commission under regulation 20, or unless

the validity of the selection result has expired.

(1) Subject to sub-regulation (2), appointments to

vacant posts shall be withheld until -

(a)

the period allowed for the submission of petitions

under regulation 24 expires; and

(b) the Commission takes a final decision with respect

to any petitions that may be submitted.

(2) The Commission may take action for or permit a vacancy

to be filled notwithstanding sub-regulation (1) if -

(a)

it is necessary in the public interest to fill the

vacancy without delay; or

(b) redress can be provided, in the event that the

Commission upholds a petition made by an applicant, within a

reasonable time notwithstanding that the vacancy has been

filled.

(3) Where an appointment is withheld for a time in accordance

with sub-regulation (1), the Commission may recommend or

authorise a retroactive appointment if the Commission considers that

such a retroactive appointment is necessary on grounds of equity

Provided that a public officer shall not, by virtue of this

sub-regulation, be entitled to payment for work which he did not

perform.

Where an appointment is to be made on the basis of a

contract of employment, agreement, or similar document requiring

the signature of the appointee as confirmation that he accepts the

conditions attached to the appointment, the appointment shall not

have effect unless the contract, agreement or document is so signed.

Where a serving public officer is appointed to a different

post in the public service, the new appointment shall automatically

supersede and terminate the previous appointment in the public

service, unless the public officer is entitled to retain concurrent

appointments by virtue of arrangements approved by the

Commission.

(1) Where an appointment is subject to a probationary Probation.

period, the extension of the probationary period or the termination of

the appointment during the probationary period may be made only by

the Prime Minister on the recommendation of the Commission, which

recommendation shall not be submitted unless the officer has been

given an opportunity to submit representations, and unless the

Commission is satisfied that there is good cause for such a

recommendation.

(2) This regulation shall apply subject to any instrument of

delegation concerning probationary appointments that may be in

force from time to time, and the provisions of the instrument of

delegation shall prevail in the event of any conflict with this

regulation.

(1) A public officer who is due for a salary increment Withholding of

may have that increment withheld only by the Prime Minister on the salary

increments and

recommendation of the Commission, which shall not submit its progression

higher salary

recommendation unless the officer concerned has been given an scales.

opportunity to submit representations, and unless the Commission is

satisfied that there is good cause for such a recommendation.

(2) Sub-regulation (1) shall be without prejudice to any

arrangements whereby a salary increment due to a public officer may

be provisionally withheld for up to one year

Provided that the increment so withheld shall be restored

to the officer unless its withholding is confirmed through action under

sub-regulation (1).

(3) A public officer who is due for progression to a higher

salary scale under the terms and conditions of his current appointment

may have such progression withheld only by the Prime Minister on

the recommendation of the Commission, which recommendation

shall not be submitted unless the officer concerned has been given an

opportunity to submit representations, and unless the Commission is

satisfied that there is good cause for such a recommendation.

(4) Sub-regulation (3) shall be without prejudice to any

arrangements whereby progression to a higher salary scale may be

temporarily withheld from an officer who is facing disciplinary or

criminal charges, provided that -

(a)

if the officer is cleared of the charges, he shall be

entitled to progression with effect from the date when it was

originally due, and with arrears of salary; or

(b) if the officer is found guilty of the charges, and the

Commission considers that the progression should be

definitively withheld as a result, the procedure established

under sub-regulation (3) shall apply.

(5) This regulation shall apply subject to any instrument of

delegation concerning the withholding of salary increments or

progression to higher salary scales that may be in force from time to

time, and the provisions of the instrument of delegation shall prevail

in the event of any conflict with this regulation.

(1) Where a public officer is due for a promotion which

promotion is not subject to a call for applications, the Commission

shall not be obliged to recommend the promotion of the officer if -

(a)

the performance of the officer is unsatisfactory; or

(b) the officer would be subject to disqualification

under regulation 20 on account of any of the considerations set

out therein, were it not for the inapplicability of the said

regulation

Provided that the Commission may only decide not to

recommend the promotion of the officer after the officer has been

given the opportunity to submit representations thereon.

(2) Sub-regulation (1) shall be without prejudice to any

arrangements whereby a promotion may be temporarily withheld

from an officer who is facing disciplinary or criminal charges,

provided that -

(a)

if the officer is cleared of the charges, he shall be

entitled to the promotion with effect from the date when it was

originally due, and with arrears of salary; or

(b) if the officer is found guilty of the charges, and the

Commission considers that the officer is as a result unsuitable

for the promotion, he shall be given the opportunity to submit

representations in accordance with sub-regulation (1) before the

promotion is definitively withheld.

(3) This regulation shall apply subject to any applicable

instrument of delegation that may be in force from time to time, and

the provisions of the instrument of delegation shall prevail in the

event of any conflict with this regulation.

(1) Notwithstanding any other provision of these Power of the

regulations or of any other regulations made under article 121 of the Commission

recommend the

Constitution, the Commission may recommend the revocation of an revocation

appointments.

appointment made under article 110 of the Constitution if -

(a)

that appointment was made following the

publication of a call for applications, but it was manifestly not

in accordance with the principle of merit for reasons other than

the reason specified in paragraph (b);

(b) the appointee manifestly did not satisfy the

eligibility requirements applying to his appointment, unless he

was granted an exemption under regulation 8;

(c)

the appointee obtained his appointment on the basis

of fraud or misrepresentation;

(d) the appointee is not, or is no longer, permitted by

law to carry out the duties of his post, or no longer holds a

qualification which constituted an eligibility requirement for the

post;

(e)

the appointee has become unable to carry out the

duties of his post due to physical or mental infirmity, and it is

not possible to provide reasonable accommodation to enable

him to perform his duties in spite of such infirmities; or

(f)

very serious reasons emerge that would have led the

Commission to disqualify him from consideration for the post,

had he not already been appointed thereto.

(2) The Commission may only recommend the revocation of

an appointment in accordance with this regulation after giving notice

to the appointee and after giving the appointee the opportunity to

submit representations.

(3) An appointment shall not be subject to revocation in

accordance with sub-regulation (1)(a) unless the Commission notifies

the appointee in accordance with sub-regulation (2) by the end of the

probationary period applying to that appointment, or, in the case of an

appointment that is not subject to probation, by not later than one year

from the effective date thereof.

Part VIII - Additional general provisions

(1) The Commission may issue directions concerning Validity periods

the period during which a call for applications, or the result of the and

of extension

selection process or any stage thereof, should remain valid.

thereof.

(2) Where a validity period is in force as provided for in this

regulation, it may be extended by the Commission if the Commission

considers such an extension appropriate in the public interest.

(1)

Where -

(a)

applicants for a particular vacancy are required to

undergo an examination or other form of assessment that is

administered by an academic, professional or other competent

body; and

(b) in the opinion of the Commission, that examination

or assessment is sufficient to determine the suitability of

applicants for the vacant post,

the Commission may authorise the filling of the vacancy on the basis

of that examination or assessment, subject to any conditions the

Commission may establish for the purpose.

(2) The Commission may authorise the filling of a vacancy on

the basis of a selection process undertaken in whole or in part by an

employment agency or an employment business, subject to any

conditions the Commission may establish for the purpose, and subject

to the provisions of the Employment Agencies Regulations.

(3) The provisions of Parts III to VI (both inclusive) shall not

apply to the filling of vacancies under this regulation, except in so far

as the Commission may specify otherwise in the conditions

established by the Commission with respect thereto.

(1) Where the Commission is empowered by these

regulations to issue directions, to prescribe requirements or standards,

or to take similar actions, the Commission may do so directly or

through directives issued by the Principal Permanent Secretary under

the Public Administration Act with the agreement of the Commission.

(2) Any directions given, rulings issued, requirements

prescribed or decisions taken by the Commission under these

regulations shall be binding on Heads of Department, members of

selection boards, and all other persons or authorities to whom the said

directions, rulings, requirements or decisions apply.

(3) A failure on the part of a public officer to fulfil any

obligations imposed by these regulations shall constitute misconduct

in terms of the Disciplinary Regulations, without prejudice to any

criminal or other action that may be taken according to law.

(1) No member of the Commission, nor the Executive Restriction on

Secretary, nor any other member of the staff of the Office of the disclosure

information.

Commission, nor any other public officer, nor any other person, board

or authority assigned functions under these regulations, shall publish

or disclose any information deriving from selection processes,

representations or petitions under these regulations and pertaining to

individuals unless such publication or disclosure -

(a)

is necessary for a legitimate official purpose in

connection with selection processes, representations or

petitions, appointments, or administrative procedures related

thereto;

(b)

is necessary in connection with court proceedings;

or

(c)

has been authorised in writing by the Prime

Minister.

(2) Failure to comply with the provisions of this regulation

shall, in the case of a public officer, constitute misconduct in terms of

the Disciplinary Regulations.

(1)

The 1960 Regulations shall be revoked.

Revocation and

transitory

provisions.

(2) Any selection processes which have been commenced

under and in accordance with the provisions of the 1960 Regulations

shall be continued and completed under and in accordance with the

said provisions as if they had not been revoked, and any petitions

arising from such selection processes shall also be considered and

resolved under the said provisions.

(3) Sub-regulation (2) shall not apply in cases where a call for

applications has been published but the selection board has not yet

been appointed, and in such cases the selection board shall be

appointed and the selection process held under the present

regulations.

(4) Any provisions that form part of the Public Service

Management Code on the date on which these regulations come into

force, and that govern matters on which the Commission is

empowered by these regulations to issue directions, to prescribe

requirements or standards, or to take similar actions, shall in so far as

they are not in conflict with these regulations be deemed directives

issued by the Principal Permanent Secretary with the agreement of the

Commission for the purposes of regulation 35.

€2.25