Seanad amendment 66: Section 51: In page 72, to delete lines 17 to 38 and substitute the following:"(3) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, a recommendation is made under section 6 of the Act of 1926 of a person for appointment as the chief executive, such council shall—(a) within 3 months of the date of the recommendation meet and decide to appoint or not appoint as chief executive the person so recommended, and (b) in the event of deciding not to approve the appointment, furnish to the recommended person the reasons for such decision.(4) (a) The Minister may make regulations relating to the procedures to be followed by every local authority (including a county council or city council in a group of authorities)—(i) when considering a recommendation made to it to which subsection (1)(a) relates, and (ii) for the purposes of subsection (3), and each such local authority shall comply with those regulations.(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for arrangements to be put in place and used in respect of the consideration of a recommendation made under section 6 of the Act of 1926, and for that purpose such arrangements may include—(i) provisions for the purpose of a local authority seeking information from the recommended person in respect of his or her proposed appointment, the time periods within which—(I) such information may be so sought, and (II) further information may be so sought, and the manner of the provision of such information to the local authority,(ii) the manner of dealing with information, whether from the recommended person or otherwise, associated with such a recommendation, (iii) the criteria to apply in respect of the consideration of such a recommendation, (iv) the records to be maintained by a local authority in relation to the consideration of such a recommendation, (v) the conducting otherwise than in public of any meeting, or part of a meeting, that considers or otherwise relates to such a recommendation, and (vi) the keeping in a confidential manner of information obtained, whether from the recommended person or otherwise, and records maintained that relate to such a recommendation.(c) In making regulations under paragraph (a), the Minister may have regard to and take account of any code of practice issued by the Commission for Public Service Appointments under section 23 of the Public Service Management (Recruitment and Appointment) Act 2004 in existence at the time of the making of the regulations that would relate (in whole or in part) to the selection process that precedes a recommendation to which subsection (1)(a) applies.(5) Where, as respects a county council, city council or city and county council, including a county council or city council in a group of authorities, such council has decided to not appoint as chief executive the person recommended to which subsection (1)(a) relates, then, for the purposes of section 6 (other than subsection (4)) of the Act of 1926, and notwithstanding the said subsection (4) or any other provision of this Act or any other enactment, a further request shall be deemed to have been submitted in respect of the employment of a chief executive. (6) Where a position of chief executive becomes vacant the Minister shall appoint a person to be the chief executive temporarily until a permanent appointment to the position is made but such temporary appointment may be terminated by the Minister at any time. (7) Section 5 of the Act of 1926 does not apply to the position of chief executive.".

See this item in context