FREEDOM OF INFORMATION ACT, 1997
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
117 amending acts · 2015-05-13, SPORT IRELAND ACT 2015
Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies and to enable persons to have personal information relating to them in the possession of such bodies corrected and, accordingly, to provide for a right of access to records held by such bodies, for necessary exceptions to that right and for assistance to persons to enable them to exercise it, to provide for the independent review both of decisions of such bodies relating to that right and of the operation of this Act generally (including the proceedings of such bodies pursuant to this Act) and, for those purposes, to provide for the establishment of the office of Information Commissioner and to define its functions, to provide for the publication by such bodies of certain information about them relevant to the purposes of this Act, to amend the Official Secrets Act, 1963, and to provide for related matters
- (6)
- (a) Where an appeal under this section by a person other than a head is dismissed by the High Court, that Court may, if it considers that the point of law concerned was of exceptional public importance, order that some or all of the costs of the person in relation to the appeal be paid by the public body concerned.
- (b) The High Court may order that some or all of the costs of a person (other than a head) in relation to a reference under this section be paid by the public body concerned.
- F62[(c) The Supreme Court may order that some or all of the costs of a person (other than a head) in relation to an appeal to that Court from a decision of the High Court under this section be paid by the public body concerned if it considers that a point of law of exceptional public importance was involved in the appeal and, but for this paragraph, that Court would not so order.]
- (7) A decision of the High Court following an appeal under subsection (1), (2) or (3) shall, where appropriate, specify the period within which effect shall be given to the decision.
- (8) F63[…]
43. Precautions by High Court and Commissioner against disclosure of certain information.
43.—(1) In proceedings in the High Court under or in relation to this Act, that Court shall take all reasonable precautions to prevent the disclosure to the public or, if appropriate, to a party (other than a head) to the proceedings of—
- (a) information contained in an exempt record, or
- (b) information as to whether a record exists or does not exist in a case where the head concerned is required by this Act not to disclose whether the record exists or does not exist.
- (2) Without prejudice to the generality of subsection (1), precautions under that subsection may include—
- (a) hearing the whole or part of any such proceedings as aforesaid otherwise than in public,
- (b) prohibiting the publication of such information in relation to any such proceedings as it may determine, including information in relation to the parties to the proceedings and the contents of orders made by the High Court in the proceedings, and
- (c) examining a record or a copy of a record without giving access or information in relation thereto to a party (other than a head) to the proceedings.
- F64[(3) In the performance of his or her functions under this Act, the Commissioner shall take all reasonable precautions (including conducting the whole or part of a review under section 34 or an investigation under section 36 otherwise than in public) to prevent the disclosure to the public or, in the case of such a review, to a party (other than a head) to the proceedings concerned of information specified in paragraph (a) or (b) of subsection (1) or matter that, if it were included in a record, would cause the record to be an exempt record.]
44. Stay on certain decisions.
44.—(1) This section applies to—
- (a) a decision to grant a request to which section 29 applies, and
- (b) a decision under section 34.
- (2) Effect shall not be given to a decision to which this section applies before—
- (a) the expiration of the time for—
- (i) making an application for a review of the decision under section 34, or
- (ii) bringing an appeal to the High Court from the decision,
as may be appropriate,
or
- (b) if such an application or appeal is made or brought, the determination or withdrawal thereof,
whichever is the later.
45. Immunity from legal proceedings.
45.—(1) This section applies to—
- (a) an act consisting of the grant or the grant in part under section 8 or by virtue of section 14 or 34 of a request under section 7,
- (b) an act consisting of the furnishing to a person under section 18 of a statement specified in that section, or
- (c) an act consisting of the publication under section 15 or 16 of a document specified in that section,
being an act that was required or authorised by, and complied with the provisions of, this Act or was reasonably believed by the head concerned to have been so required or authorised and to comply with the provisions of this Act.
- (2) Subject to the provisions of this section, civil or criminal proceedings shall not lie in any court—
- (a) against—
- (i) the State,
- (ii) a public body,
- (iii) a head,
- (iv) a director or a member of the staff of a public body, or
- (v) a person providing a service for a public body under a contract for services with the body,
in respect of an act to which this section applies or any consequences of such an act, or
- (b) against the author of a record to which an act specified in subsection (1)(a) relates or any other person in respect of any publication involved in, or resulting from, that act by reason of that author or other person having supplied the record to the public body.
- (3) Subsection (2) does not apply in relation to proceedings for breach of a duty imposed by section 16.
- (4) Civil or criminal proceedings shall not lie in any court against the Commissioner or a member of the staff of the Commissioner in respect of anything said or done in good faith by the Commissioner or member in the course of the performance or purported performance of a function of the Commissioner or member.
- (5) The grant of a request under section 7 shall not be taken as constituting an authorisation or approval—
- (a) for the purposes of the law relating to defamation or breach of confidence, of the publication of the record concerned or any information contained therein by the requester concerned or any other person,
- (b) for the purposes of the law of copyright, of the doing by the requester concerned of any act comprised within the copyright in—
- (i) any literary, dramatic, musical or artistic work,
- (ii) any sound recording, cinematograph film, television broadcast or sound broadcast, or
- (iii) a published edition of a literary, dramatic, musical or artistic work, contained in the record concerned, or
- (c) for the purposes of the Performers' Protection Act, 1968, of the doing by the requester concerned, in relation to any record or cinematograph film (within the meaning, in each case, of that Act) contained in the record concerned, of an act prohibited by that Act.
- (6) Words or expressions that are used in subparagraph (i), (ii) or (iii) of subsection (5)(b) and are also used in the Copyright Act, 1963, have in those subparagraphs the same meanings as in that Act.
46. Restriction of Act.
46.—(1) This Act does not apply to—
- (a) a record held by—
- (i) the courts,
- (ii) a tribunal to which the Tribunals of Inquiry (Evidence) Act, 1921, is applied, or
- (iii) a service tribunal within the meaning of section 161 of the Defence Act, 1954,
and relating to, or to proceedings in, a court or such a tribunal other than—
- (I) a record that relates to proceedings in a court or such a tribunal held in public but was not created by the court or tribunal and whose disclosure to the general public is not prohibited by the court or the tribunal, or
- (II) a record relating to the general administration of the courts or the offices of the courts or such a tribunal or any offices of such a tribunal,
- (b) a record held or created by the Attorney General or the Director of Public Prosecutions or the Office of the Attorney General or the Director of Public Prosecutions (other than a record concerning the general administration of either of those Offices),
- F65[(ba) a record held or created under the Companies Acts, 1963 to 2001, by the Director of Corporate Enforcement or an officer of the Director (other than a record concerning the general administration of the Director's office),]
- F66[(bb) a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 (other than a record concerning the general administration of the Medical Bureau of Road Safety),]
- (c) a record relating to—
- (i) a review under section 34 or an investigation under section 36,
- (ii) an audit, inspection or examination carried out by the Comptroller and Auditor General under the Comptroller and Auditor General Acts, 1923 and 1993, the Exchequer and Audit Department Acts, 1866 and 1921, or any other enactment, F67[…]
- F68[(iii) an examination or investigation carried out by the Ombudsman under the Ombudsman Act 1980, F69[…]
- F70[(iv) an examination or investigation carried out by the Ombudsman for Children under the Ombudsman for Children Act 2002, or
- F71[(v) an examination or investigation carried out by the Pensions Ombudsman under the Pensions Act 1990.]]]
other than—
- (I) such a record that was created before the commencement of the review, investigation, audit, inspection or examination aforesaid, or
- (II) a record relating to the general administration of the Office of the Commissioner, the Office of the Comptroller and Auditor General F68[, the Office of the Ombudsman F72[, the office of the Ombudsman for Children ]]
- (d) a record relating to the President,
- F73[(da) a record held by a public body relating to the costing, assessment or consideration of any proposal of a political party carried out for or on behalf of that party.
- (db) a record given by a public body to a member of the Government or a Minister of State for use by him or her for the purposes of any proceedings in either House of the Oireachtas or any committee of either or both of such Houses or any subcommittee of such a committee (including such proceedings in relation to questions put by members of either such House to members of the Government or Ministers of State (whether answered orally or in writing)).
- F74[(dc) a record held or created under the relevant statutory provisions by the Health and Safety Authority or an employee of the Authority, relating to or arising from its enforcement functions (other than a record concerning any other functions of the Authority or the general administration of the Authority),]]
- F75[(dd) a record held or created under the relevant statutory provisions by the Adoption Authority or an employee of the Authority, relating to or arising from the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010, (other than a record concerning any other functions of the Authority or the general administration of the Authority),]
- (e) a record relating to any of the private papers (within the meaning of Article 15.10 of the Constitution) of a member of either House of the Oireachtas or an official document of either or both of such Houses that is required by the rules or standing orders of either or both of such Houses to be treated as F76[confidential],
- F77[(ea) a record relating to any private paper or confidential communication, within the meaning of Part 10 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, or official document, within the meaning of Part 11 of that Act, unless consent has been given under that Act for its disclosure, or]
- (f) a record relating to information whose disclosure could reasonably be expected to reveal or lead to the revelation of—
- (i) the identity of a person who has provided information to a public body in confidence in relation to the enforcement of the criminal law, or
- (ii) any other source of such information provided in confidence to a public body.
- (2) Subject to subsection (3), this Act does not apply to—
- (a) a record that is available for inspection by members of the public whether upon payment or free of charge, or
- (b) a record a copy of which is available for purchase or removal free of charge by members of the public,
whether by virtue of an enactment (other than this Act) or otherwise.
- (3) A record shall not be within subsection (2) by reason only of the fact that it contains information constituting personal data to which the Data Protection Act, 1988, applies.
47. Fees.
47.—(1) Subject to the provisions of this section, a fee of such amount as may be appropriate having regard to the provisions of this section shall be charged by the public body concerned and paid by the requester concerned to the body in respect of the grant of a request under section 7.
- (2) Subject to the provisions of this section, the amount of a fee under this section shall be equal to—
- (a) the estimated cost of the search for and retrieval of the record concerned, and
- (b) the estimated cost of any copy of the record made by the public body concerned for the requester concerned,
as determined by the head concerned.
- (3) For the purposes of subsection (2)—
- (a) the amount of the cost of the search for and retrieval of a record shall be calculated at the rate of such amount per hour as stands prescribed for the time being in respect of the time that was spent, or ought, in the opinion of the head concerned, to have been spent, by each person concerned in carrying out the search and retrieval efficiently, and
- (b) the amount of the cost specified in subsection (2)(b) shall not exceed such amount (if any) as stands prescribed for the time being and the determination of that amount shall be in compliance with any provisions standing prescribed for the time being in relation to such determination.
- (4) Where the record or records concerned contains or contain only personal information relating to the requester concerned, then, in calculating the amount of the fee under subsection (1)—
- (a) paragraph (a) of subsection (2) shall be disregarded unless the grant concerned relates to a significant number of records, and
- (b) paragraph (b) of that subsection shall be disregarded if, in the opinion of the head concerned, it would not be reasonable, having regard to the means of the requester and the nature of the record concerned, to include the cost specified in that paragraph in the calculation.
- (5) A head may reduce the amount of or waive a fee or deposit under subsection (1) or (7) if, in his or her opinion, some or all of the information contained in the record concerned would be of particular assistance to the understanding of an issue of national importance.
- (6) A fee shall not be charged under subsection (1) if, in the opinion of the head concerned, the cost of collecting and accounting for the fee together with any other administrative costs incurred by the public body concerned in relation to the fee would exceed the amount of the fee.
- F80[(6A)
- (a) A fee of such amount (if any) as may be prescribed shall be charged by the public body concerned and paid by the requester or, as the case may be, the applicant, concerned to the body in respect of a request under section 7 or an application under section 14 or 34.
- (b) A fee under this subsection shall be paid at the time of the making of the request or application concerned and, if it is not so paid, the head concerned or, as the case may be, the Commissioner shall refuse to accept the request or application, and it shall be deemed, for the purposes of this Act, not to have been made.
- (c) A fee under this subsection shall not be charged if the record or records concerned contains or contain only personal information relating to the requester or, as the case may be, the applicant.
- (d) Fees of different amounts may be prescribed under paragraph (a) in respect of different classes of requester or different classes of applicant.
- (e) Subsection (2) does not apply to a fee under this subsection.]
- (7) Where, in the opinion of the head concerned, the estimated cost, as determined by the head, of the search for and retrieval of a record the subject of a request under section 7 is likely to exceed £40 or such other amount as may stand determined for the time being—
- (a) a deposit of such amount as may be determined by the head (not being less than 20 per cent. of such cost) shall be charged by the public body concerned and paid by the requester concerned to the body,
- (b) the process of search for and retrieval of the record shall not be commenced by the body until the deposit has been paid, and
- (c) the head shall, not later than 2 weeks after the receipt of the request aforesaid, cause a request in writing for payment of the deposit to be given to the requester and the document shall include an estimate of the length of time that the process of searching for and retrieving the record will occupy and a statement that the process will not be begun until the deposit has been paid and that the date on which a decision will be made in relation to the request will be determined by reference to the date of such payment.
- (8) In a case to which subsection (7) applies, the head concerned shall, if so requested by the requester concerned—
- (a) specify to him or her the amendments (if any) to the request under section 7 concerned that, if made, would have the effect of reducing or eliminating the deposit payable under that subsection, and
- (b) if amendments are specified under paragraph (a), make such of them (if any) to the request as the requester may determine.
- (9) Where a deposit under subsection (7) is paid, the amount of the fee under subsection (1) payable in respect of the grant of the request under section 7 concerned shall be reduced by the amount of the deposit.
- (10) Where a deposit under subsection (7) is paid and, subsequently, the grant of the request under section 7 concerned is refused or is granted in relation to a part only of the record concerned, the amount of the deposit or, if a fee under this section is payable in respect of the grant, so much (if any) of that amount as exceeds the amount of the fee shall be repaid to the requester concerned.
- (11) Where a fee or deposit under this section is paid and, subsequently, the fee or deposit is annulled or varied under section 14, 34 or 42, the amount of the fee or deposit so annulled or, as the case may be, any amount thereof in excess of the amount thereof as so varied shall be repaid to the requester concerned.
- (12) Section 8 (1) shall be construed and have effect—
- (a) in relation to a case in which a deposit is payable under subsection (7), as if the reference to 4 weeks were a reference to a period consisting of 4 weeks together with the period from the giving of the request under subsection (7) concerned to the requester concerned to the date of the receipt of the deposit,
- (b) in relation to a case in which such a deposit is annulled following a review under section 14 or 34 or an appeal under section 42, as if the reference to 4 weeks were a reference to a period consisting of 4 weeks together with the period from the giving of the request under subsection (7) concerned to the requester concerned to the date of the decision under section 42 or, as the case may be, of the giving to the requester concerned of notice under section 14 or 34 of the decision, and
- (c) in relation to a case in which an amendment pursuant to subsection (8) has the effect of eliminating such a deposit, as if the reference to the receipt of a request under that section were a reference to the making of the amendment.
- (13) The Public Offices Fees Act, 1879, shall not apply to fees under this section.
48. Amendment of Official Secrets Act, 1963.
48.—(1) A person who is, or reasonably believes that he or she is, authorised by this Act to communicate official information to another person shall be deemed for the purposes of section 4 of the Official Secrets Act, 1963, to be duly authorised to communicate that information.
- (2) In a prosecution for an offence under section 5 or 9 of that Act, it shall be a defence to prove that the act to which the charge of the offence relates is authorised, or is reasonably believed by the person charged to be authorised, by this Act.
FIRST SCHEDULE Public Bodies
Each of the following shall be a public body for the purposes of this Act:
- (1) the Department of Agriculture, Food and Forestry,
the Department of Arts, Culture and the Gaeltacht,
the Department of Defence,
the Department of Education,
the Department of Enterprise and Employment,
the Department of the Environment,
the Department of Equality and Law Reform,
the Department of Finance,
the Department of Foreign Affairs,
the Department of Health,
the Department of Justice (including the Probation and Welfare Service),
the Department of the Marine,
F81[the Department of Public Expenditure and Reform,]
the Department of Social Welfare,
the Department of the Taoiseach,
the Department of Tourism and Trade,
the Department of Transport, Energy and Communications,
the Office of the Tánaiste,
the Office of the Attorney General.
- (2) the Army Pensions Board,
the Blood Transfusion Service Board,
the Board of the National Library of Ireland,
the Board of the National Museum of Ireland,
An Bord Pleanála,
the Censorship of Publications Board,
the Central Statistics Office,
F82[…]
An Coimisiún Logainmneacha,
An Comhairle na Nimheanna,
F83[…]
F84[the Commission for Electricity Regulation,]
F85[the Commission for Public Service Appointments,]
the Commissioners of Charitable Donations and Bequests,
the Companies Registration Office,
the Competition Authority,
the Commissioners of Public Works,
the Defence Forces,
F86[…]
F87[…]
the Environmental Protection Agency,
F87[…]
F88[the Health Information and Quality Authority]
the Heritage Council,
the Ireland — United States Commission for Educational Exchange,
F89[the Irish Fiscal Advisory Council]
the Irish Manuscripts Commission,
the Irish Medicines Board,
the Irish Sports Council,
the Land Registry,
F82[…]
the National Archives,
the National Archives Advisory Council,
F90[the National Consumer Agency]
the National Council for Curriculum and Assessment,
F91[the National Economic and Social Development Office,]
the National Gallery of Ireland,
F92[the National Sports Campus Development Authority,]
F93[the National Tourism Development Authority]
the Office of the Appeal Commissioners for the purposes of the Tax Acts,
the Office of the Chief Medical Officer for the Civil Service,
the Office of the Commissioner,
the Office of the Commissioner of Valuation and Boundary Surveyor for Ireland,
the Office of the Comptroller and Auditor General,
the Office of the Director of Consumer Affairs,
F94[the Office of the Director of Corporate Enforcement,]
the Office of the Director of Public Prosecutions,
the F95[Houses of the Oireachtas Service],
the Office of the Official Censor of Films,
the Office of the Ombudsman,
the Office of the Registrar of Friendly Societies,
F96[the Houses of the Oireachtas Commission,]
the Patents Office,
the Pensions Board,
F85[the Public Appointments Service,]
the Public Offices Commission,
F97[the Qualifications and Quality Assurance Authority of Ireland,]
the Registry of Deeds,
F98[the Residential Institutions Statutory Fund Board,]
the Revenue Commissioners,
F99[An tSeirbhís Oideachais Leanúnaigh agus Scileanna]
the Social Welfare Appeals Office,
the State Laboratory.
F100[Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland.]
F101[the Teaching Council,]
- (3) a local authority.
F102[ (4) the Health Service Executive and the Child and Family Agency]
- (5) any body, organisation or group standing prescribed for the time being, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, and being—
- (a) the Garda Siochána, F103[the office of the Ombudsman for Children,]
- (b) a body, organisation or group established—
- (i) by or under any enactment (other than the Companies Acts, 1963 to 1990) or any scheme administered by a Minister of the Government,
or
- (ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,
- (c) any other body, organisation or group financed as aforesaid,
- (d) a company (within the meaning of the Companies Act, 1963) a majority of the shares in which are held by or on behalf of a Minister of the Government,
- (e) any other body, organisation or group appointed by the Government or a Minister of the Government,
- (f) subject to paragraph 2, any other body, organisation or group on which functions in relation to the general public or a class of the general public stand conferred by any enactment, or
- (g) a subsidiary of a body, organisation or group specified in any of the foregoing provisions of this subparagraph.
A body, organisation or group standing prescribed pursuant to regulations for the purposes of clause (f) of paragraph 1 (5) shall be a public body only as respects functions referred to in that clause.
The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, by regulations amend subparagraph (2) of paragraph 1 by the deletion of a reference to any public body.
A reference in subparagraph (1) of paragraph 1 to any particular Department of State shall be construed as—
- (a) including a reference to a body, organisation or group specified in relation to that Department of State in the Schedule to the Ministers and Secretaries Act, 1924 (not being a public body specified in subparagraph (2) of that paragraph), and
- (b) not including any other body, organisation or group.
SECOND SCHEDULE The Information Commissioner
Subject to the provisions of this Schedule, a person appointed to be the Commissioner shall hold the office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.
A person appointed to be the Commissioner—
- (a) may at his or her own request be relieved of office by the President,
- (b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his or her removal,
- (c) shall in any case vacate the office on attaining the age of 67 years : but where the person is a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, then the requirement to vacate office on grounds of age shall not apply.
(1) Where a person who holds the office of Commissioner is—
- (a) nominated as a member of Seanad Éireann,
- (b) elected as a member of either House of the Oireachtas or a local authority or to the European Parliament, or
- (c) regarded, pursuant to section 15 (inserted by the European Parliament Elections Act, 1993) of the European Assembly Act, 1977, as having been elected to the European Parliament to fill a vacancy,
he or she shall thereupon cease to be the Commissioner.
- (2) A person who is for the time being entitled under the standing orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for being appointed to be the Commissioner.
F107[4. A person who holds the office of Commissioner shall not hold any other office or employment in respect of which emoluments are payable (other than the office of Ombudsman) or be a member of the Reserve Defence Force.]
The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister may from time to time determine.
(1) The Minister may make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or allowances on retirement or death to, or in respect of, persons who have held the office of Commissioner.
- (2) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this paragraph.
- (3) A scheme under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may determine from time to time.
- (2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act, 1956).
- (3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the F108[Public Service Management (Recruitment and Appointments) Act 2004] and the Civil Service Regulation Acts, 1956 and 1958, as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then, so long as the delegation remains in force—
- (a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and
- (b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.
(1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.
- (2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner in the following year on a date not later than a date specified by the Minister to the Comptroller and Auditor General for audit and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Commissioner to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.
The Commissioner may delegate to a member of the staff of the Commissioner any of the functions of the Commissioner (other than those under this paragraph or section 40) and subsections (2) to (4) of section 4 shall, with any necessary modifications, have effect for the purposes of a delegation under this paragraph as they have effect for the purposes of a delegation under that section; and references in this Act to the Commissioner shall be construed, where appropriate having regard to any delegation under this paragraph, as including references to any person to whom functions stand delegated by the delegation.
THIRD SCHEDULE Enactments Excluded from Application of Section 32.
PART I Statutes
| Number and Year | Short Title | Provision |
| F109[ 39 & 40 Vict., c. 77 1876] | F109[Cruelty to Animals Act 1876] | F109[section 12C(1)] |
| No. 26 of 1946 | Industrial Relations Act 1946. | Section 22. |
| No. 1 of 1963 | Official Secrets Act 1963 | Sections 4, 5 and 9. |
| No. 14 of 1969 | Industrial Relations Act 1969 | Section 14. |
| No. 30 of 1976 | Gas Act 1976 | Section 20. |
| No. 16 of 1977 | Employment Equality Act 1977 | Section 43(5). |
| No. 5 of 1979 | Údarás na Gaeltachta Act 1979 | Section 15. |
| No. 36 of 1980 | Irish Film Board Act 1980 | Section 18. |
| No. 26 of 1983 | Postal and Telecommunications Services Act 1983 | Section 37. |
| No. 28 of 1983 | Local Government (Planning and Development) Act 1983 | Section 13. |
| No. 2 of 1984 | National Social Services Board Act 1984 | Section 16. |
| No. 9 of 1986 | Industrial Development Act 1986 | Sections 42 and 43. |
| No. 14 of 1986 | Combat Poverty Agency Act 1986 | Section 20. |
| No. 31 of 1986 | Transport (Re-organisation of Córas Iompair Éireann) Act 1986 | Section 22. |
| No. 10 of 1987 | Labour Services Act 1987. | Section 13. |
| No. 31 of 1987 | Restrictive Practices (Amendment) Act 1987 | Section 36. |
| No. 18 of 1988 | Agriculture (Research, Training and Advice) Act 1988 | Section 14. |
| No. 26 of 1988 | Forestry Act, 1988. | Section 33. |
| F110[…] | F110[…] | F110[…] |
| No. 1 of 1990 | Bord Glas Act 1990 | Section 23. |
| No. 18 of 1990 | National Treasury Management Agency Act 1990 | Section 14. |
| No. 19 of 1990 | Industrial Relations Act 1990 | Section 25(6). |
| No. 25 of 1990 | Pensions Act 1990 | Section 24. |
| F111[No. 25 of 1990] | F111[Pensions Act 1990.] | F111[Section 145 (inserted by the Pensions (Amendment) Act 2002).] |
| No. 2 of 1991 | Marine Institute Act 1991 | Section 15. |
| No. 9 of 1991 | Radiological Protection Act 1991 | Section 36(1)(d). |
| No. 22 of 1991 | Trade and Marketing Promotion Act 1991 | Section 10. |
| No. 24 of 1991 | Competition Act 1991 | Paragraph 9 of Schedule. |
| No. 7 of 1992 | Environmental Protection Agency Act 1992 | Section 39. |
| No. 14 of 1993 | Roads Act 1993 | Section 38. |
| No. 19 of 1993 | Industrial Development Act 1993 | Paragraphs 4 and 5 of Second Schedule. |
| No. 27 of 1993 | Irish Aviation Authority Act 1993 | Section 35. |
| F112[No. 16 of 1994] | F112[Health Insurance Act 1994] | F112[section 34(1)] |
| No. 18 of 1994 | Irish Horseracing Industry Act 1994 | Section 17. |
| No. 25 of 1994 | Milk (Regulation of Supply) Act 1994 | Section 16(1). |
| No. 29 of 1995 | Irish Medicines Board Act 1995 | Section 23. |
| No. 4 of 1996 | Voluntary Health Insurance (Amendment) Act 1996 | Section 8. |
| No. 11 of 1996 | Harbours Act 1996 | Section 33. |
| F113[No. 22 of 1994] | F114[An Bord Bia Act 1996] | Section 26. |
| F115[No. 39 of 1997] | F115[Taxes Consolidation Act 1997] | F115[Section 857] |
| F116[No. 29 of 1998] | F116[Food Safety Authority of Ireland Act 1998] | F116[section 43(1).] |
| F117[No. 42 of 1998] | F117[Western Development Commission Act 1998] | F117[Section 18] |
| F118[Electricity Regulation Act 1999] | F118[Section 13] | |
| F111[No. 1 of 2000] | F111[Comhairle Act 2000.] | F111[Section 18.] |
| F119[Aviation Regulation Act 2001] | F119[Section 19] | |
| F120[No. 43 of 2001] | F120[Ordnance Survey Ireland Act 2001] | F120[Section 23] |
| F121[Family Support Agency Act 2001] | F121[Section 21] | |
| F122[Transport (Railway Infrastructure) Act 2001] | F122[Section 30] | |
| F123[No. 6 of 2002] | F123[Public Health (Tobacco) Act 2002] | F123[section 20(1).] |
| F124[No. — of 2002] | F124[Housing (Miscellaneous Provisions) Act 2002] | F124[Section 13.] |
| F125[Gas (Interim) (Regulation) Act 2002] | [F125Section 19..] | |
| F126[Communications Regulation Act 2002] | F126[Section 24.] | |
| F127[National Tourism Development Authority Act 2003] | F127[section 22.] | |
| F128[Digital Hub Development Agency Act 2003] | F128[section 27.] | |
| F129[Arts Act 2003] | F129[section 20.] | |
| F130[Taxi Regulation Act 2003] | [F130section 21. (1)] | |
| F131[Health Act 2004] | F131[section 26.] | |
| F132[Veterinary Practice Act 2005] | F132[section 25.] | |
| F133[Safety, Health and Welfare at Work Act 2005] | F133[Section 73.] | |
| F134[Railway Safety Act 2005] | [F134Section 21(1).] | |
| F135[No. 17 of 2006] | F135[Health (Repayment Scheme) Act 2006] | F135[section 12(4).] |
| F136[Sea-Fisheries and Maritime Jurisdiction Act 2006] | F136[Section 58.] | |
| F137[Road Safety Authority Act 2006] | F137[Section 26.] | |
| F138[National Sports Campus Development Authority Act 2006] | F138[section 17.] | |
| F139[National Economic and Social Development Office Act 2006] | F139[Section 23.] | |
| F140[Health Act 2007] | F140[section 84.] | |
| F141[Consumer Protection Act 2007] | F141[Section 32.] | |
| F142[National Oil Reserves Agency Act 2007] | F142[section 24.] | |
| F143[Dublin Transport Authority Act 2008] | F143[Section 38.] | |
| F144[1998, No. 24 | Air Navigation and Transport (Amendment) Act 1998 | Section 36.] |
| F145[Inland Fisheries Act 2010] | F145[Section 36.] | |
| F146[No. 6 of 1987] | F146[Air Pollution Act 1987] | F146[section 16(4).] |
| F147[Nurses and Midwives Act 2011] | F147[Section 17.] | |
| F148[Qualifications and Quality Assurance (Education and Training) Act 2012] | F149[paragraph 13 of Schedule 1.] | |
| F150[Further Education and Training Act 2013] | F150[section 18.] | |
| F151[No. 34 of 1998] | F151[Industrial Development (Enterprise Ireland) Act 1998] | F151[Section 16.] |
| F151[No. 30 of 2003] | F151[Industrial Development (Science Foundation Ireland) Act 2003] | F151[Section 17.] |
| F152[Child and Family Agency Act 2013] | F152[ section 40.] |
PART II Statutory Instruments
| Number and Year | Short Title | Provision |
| F154[No. 105 of 1971] | F154[Health Services Regulations, 1971.] | F154[Article. 5.] |
| F155[No. 187 of 1971] | F155[St. James Hospital Board (Establishment) Order 1971] | F155[Article 29] |
| F156[No. 288 of 1976] | F156[The European Communities (Recognition of Medical Qualifications) Regulations 1976] | F156[Article 8(b)] |
| F157[No. 237 of 1980] | F157[The European Communities (Recognition of General Nursing Qualifications) Regulations 1980] | F157[Article 7(b)] |
| F158[No. 20 of 1983] | F158[The European Communities (Recognition of Midwifery Nursing Qualifications) Regulations 1983] | F158[Article 8(b)] |
| No. 222 of 1983 | Housing (Rent Tribunal) Regulations, 1983. | Article 14(3). |
| No. 175 of 1983 | Fire Services Council (Establishment) Order, 1983. | Article 13. |
| F159[No. 279 of 1986] | F159[The Health Research Board (Establishment) Order 1986] | F159[Article 23] |
| F160[No. 226 of 1993] | F160[Nursing Homes (Care and Welfare) Regulations 1993] | F160[Article 20] |
| F161[No. 252 of 1994] | F161[The European Communities (Medical Devices) Regulations 1994] | F161[Articles 24A and 26(1)(c)] |
| F162[No. 253 of 1994] | F162[The European Communities (Active Implantable Medical Devices) Regulations 1994] | F162[Article 20(1)(c)] |
| F163[No. 97 of 1997] | F163[The National Social Work Qualifications Board (Establishment) Order 1997] | F163[Article 37.] |
| F164[No. 120 of 1997] | F164[The National Council on Ageing and Older People (Establishment) Order 1997] | F164[Article 24] |
| F165[No. 278 of 1997] | F165[The Women’s Health Council (Establishment) Order 1997] | F165[Article 24] |
| F166[No. 125 of 1998] | [F166European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998] | F166[Article 7 and 8.] |
| F167[No. 253 of 1999] | F167[St Luke’s Hospital Board (Establishment) Order 1999] | F167[Article 25] |
| F168[No. 376 of 1999] | F168[The National Council for the Professional Development of Nursing and Midwifery (Establishment) Order 1999] | F168[Article 25] |
| F169[No. 109 of 2000] | F169[The Pre-Hospital Emergency Care Council (Establishment) Order 2000] | F169[Article 35] |
| F170[No. 304 of 2001] | F170[European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 ] | F170[Articles 17(4)(c) and 20] |
| F171[No. 446 of 2001] | F171[Crisis Pregnancy Agency (Establishment) Order 2001] | F171[Article 24] |
| F172[No. 179 of 2004] | F172[National Treatment Purchase Fund Board (Establishment) Order 2004] | F172[Article 16] |
| F173[No. 451 of 2004] | F173[National Haemophilia Council (Establishment) Order 2004] | F173[Article 23] |
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