Regolamenti tal-Kummissjoni dwar is-Servizz Pubbliku dwar Ħatriet

KUMMISSJONI DWAR IS-SERVIZZ

[ L.S.KOST.05

PUBBLIKU DWAR ĦATRIET

Regolamenti tal-Kummissjoni dwar is-Servizz

Pubbliku dwar Ħatriet

The title of these regulations is Public Service Commission

Appointments Regulations.

(1)

In these regulations, unless the context otherwise

requires

"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;

"Central Standing Selection Panel" means a panel established in

terms of regulation 11;

" C o m m i s si o n " m e a n s t h e P u b l i c S e r v i c e C o m m i s s i o n a s

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;

(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;

*see regulation 1(2) of these Regulations as originally promulgated.

"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(4) of the Public Administration Act

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 65 of the Education Act;

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

12;

"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, these

regulations apply to the filling of vacancies in the public service

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 Assistant

Director, 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 req uirements prescribed by the Com missi on 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

v a c a n c y a r e a so n a b l e c h a n c e t o se e t h e c a l l a n d t o s u b m i t

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

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

event of any conflicts between the texts.

(1) The Commission may prescribe standard requirements

with respect to the drafting, publication and advertisement of all

calls for applications or any particular category 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

any applicant from any particular requirement in a call for

applications to which that applicant is subject if the Commission is

satisfied that such an exemption is necessary to -

(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 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

Commission shall have the power to rule on the interpretation of

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

of the Commission shall be final and definitive.

(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 – Central Standing Selection Panel and Selection Boards

The Head of the Public Service shall establish a Central

Standing Selection Panel consisting of suitable and competent

persons, who shall not be serving public officers but who may be

former public officers

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 Central Standing Selection Panel;

(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 -

(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

established by the responsible Head of Department, who may,

without 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

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

selection process.

(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) Where an amended selection result is issued in terms of sub-

regulation (3), any applicant disadvantaged by the amended result

shall be granted the right to submit a petition in terms of regulation 24.

The petition shall address the elements of the result that were modified

by way of the revision, unless the Commission had treated a petition

by the applicant concerned on these same elements in the first instance

that the result was issued.

(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 terms 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

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

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

following provisions

(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

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

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

reflect the merit principle, may petition the Commission for

redress.

(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

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 may

have that increment withheld only by the Prime Minister on the

recommendation of the Commission, which shall not submit its

recommendation 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.

(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

sa l a r y s c a l e u n d e r t h e t e r m s a n d c o n d i t i o n s o f h i s c u r r e n t

appointment may have such progression withheld only by the Prime

Minister on the recommendation of the Commission, which

r e c o m m e n d a t i o n s h a l l n o t b e s u b m i t t e d u n l e s s t h e o ff i c e r

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

regulations or of any other regulations made under article 121 of

the Constitution, the Commission may recommend the revocation

of an 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.

(1)Notwithstanding any other provision of these

regulations, if a Head of Department considers that an officer

should be retired from the service in the public interest he shall

report the fact to the Head of the Public Service who shall

(a) obtain from the Heads of the Departments in which the

officer has served during the previous twelve years, or

since the date of first appointment, whichever is less,

reports as to his work and conduct;

(b) allow the officer an opportunity of considering all

reports and other documentation that shall be used by

the Head of the Public Service in justification of the

officer’s retirement, in order to allow the officer to

show cause why he should not be retired from the

service.

(2) If the Head of the Public Service, after considering the

reports and the officer ’s statement and having regard to all the

circumstances of the case, is of the opinion that the officer should

be retired from the service in the public interest, he shall forward to

the Commission the reports of the Heads of Department and the

statement of the officer together with his own recommendation,

which shall be copied to the officer’s Head of Department and to

the officer concerned.

(3) Notwithstanding any other provision of these regulations, if

the Head of the Public Service, on information which has come to

his knowledge in any manner, is of the opinion that an officer

should be retired from the service in the public interest, he shall

observe the procedure prescribed in sub-regulation (1)(a), (1)(b)

and (2).

(4) The Commission shall give the officer against whom

proceedings are being taken, and his representative every

opportunity to make oral representations before the Commission.

(5)

The Commission, after making such further enquiry as it

deems necessary, shall then recommend to the Prime Minister the

action, if any, that it considers should be taken against the officer.

Part VIII - Additional general provisions

(1) The Commission may issue directions concerning the

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

selection process or any stage thereof, should remain valid.

(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

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

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) Any selection processes which have been commenced

under and in accordance with the provisions of the Public Service

Commission 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.

(2) Sub-regulation (1) 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

app ointed and the selection process held under the present

regulations.

(3) 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.

*revoked by these Regulations.