Residential Tenancies Act 2004

• (18) An application for a warrant under subsection (13) shall be made to a judge of the District Court for the time being assigned to the District Court District within which the premises in respect of which the application is made is situated.

• (19) In this section "records" includes books, accounts or other documents or any written or printed material or copies thereof, in any form including material created, stored, maintained or preserved by means of any mechanical or electronic device whether or not created, stored, maintained or preserved in non-legible form.]

148T. F442[Complaint

148T.—(1) A person (in this section referred to as a "complainant") may make a complaint in writing to the Board alleging that improper conduct by a landlord has occurred or is occurring.

• (2) Where the Board receives a complaint, it shall cause an investigation of the matter the subject of the complaint to be carried out unless, following the making of such inquiries as it thinks fit, the Board is satisfied that—

• (a) insufficient information is provided with the complaint to enable the Board to form a view whether the complaint should be investigated,

• (b) the complaint does not relate to improper conduct,

• (c) the complaint is not made in good faith,

• (d) the complaint is frivolous or vexatious or without substance or foundation, or

• (e) the complaint should be referred to the Board for resolution under Part 6.

• (3) Where the Board decides that a complaint falls within paragraph (a), (b), (c), (d) or (e) of subsection (2), it shall give notice in writing to the complainant and the landlord of the decision and the reasons for the decision.

• (4) Where a complaint is withdrawn by a complainant before the decision maker has made a decision under section 148X(4) or (5), the Board may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

• (5) Where, pursuant to subsection (4), the Board proceeds as if a complaint had not been withdrawn, the investigation concerned shall thereupon be treated as an investigation initiated by the Board, and other provisions of this Part shall be construed accordingly.]

148U. F443[Board to appoint authorised officer and decision maker

148U.—(1) Subject to section 148T(2) and (4) the Board shall, following receipt of a complaint and may, of its own volition, cause an investigation to be carried out and decided upon under this Part and for that purpose shall appoint an authorised officer and a decision maker.

• (2) The Board may appoint more than one authorised officer to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the authorised officers so appointed and the other provisions of this Part shall, with all necessary modifications, be construed accordingly.

• (3) The terms of appointment of an authorised officer may define the scope of the investigation to be carried out by the authorised officer, whether as respects the matters or the period to which it is to extend or otherwise, and, in particular, may limit the investigation to matters connected with particular circumstances.]

148V. F444[Notice of investigation

148V. —(1) The authorised officer appointed by the Board under section 148U shall, subject to subsection (2), as soon as is practicable after being so appointed—

• (a) if the investigation arises following receipt of a complaint by the Board—

• (i) give notice in writing to the landlord in relation to whose improper conduct the complaint relates of the receipt of the complaint and setting out particulars of the complaint,

• (ii) give the landlord copies of any documents relevant to the investigation, and

• (iii) without prejudice to the generality of section 148S, afford to the landlord an opportunity to respond within 21 days from the date on which the landlord received the notice referred to in subparagraph (i), or such further period not exceeding 21 days as the authorised officer allows, to the complaint,

• (b) if the investigation arises on the volition of the Board—

• (i) give notice in writing to the landlord concerned of the matters to which the investigation relates,

• (ii) give the landlord copies of any documents relevant to the investigation, and

• (iii) without prejudice to the generality of section 148S, afford the landlord an opportunity to respond, within 21 days from the date on which the landlord received the notice referred to in subparagraph (i), or such further period not exceeding 21 days as the authorised officer allows, to the matter to which the investigation relates.

• (2) The notice under paragraph (a) or (b) of subsection (1) shall advise the landlord that he or she may acknowledge a contravention under section 148W.

• (3) Where an investigation arises following receipt of a complaint by the Board, the authorised officer appointed to carry out the investigation—

• (a) shall, as soon as is practicable, give the complainant a copy of the notice referred to in subsection (1)(a)(i) given to the landlord in relation to whose improper conduct the complaint relates, and

• (b) shall make reasonable efforts to ensure that the complainant is kept informed of progress on the investigation.]

148W. F445[Acknowledg-ment of contravention

148W.—(1) A landlord may, within 21 days of receipt of a notice under section 148V(1), acknowledge to the authorised officer that improper conduct by the landlord has occurred or is occurring.

• (2) On receipt of an acknowledgment by the landlord under subsection (1) the authorised officer shall submit a copy of the notice to the landlord under paragraph (a) or (b) of section 148V(1), together with the acknowledgment of the landlord to the decision maker appointed by the Board under section 148U.

• (3) On receipt of the documents and information under subsection (2) the decision maker shall determine, in accordance with this Part, what if any sanction shall be imposed on the landlord.]

148X. F446[Investigation report and decision

148X.—(1) Subject to subsection (3), where an authorised officer has completed an investigation, the authorised officer shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records provided to the authorised officer pursuant to any requirement under section 148S, any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to in section 148S(14) or otherwise)—

• (a) prepare a draft of the investigation report, and

• (b) give to the landlord to whom the investigation relates and, if the investigation arose following receipt of a complaint, the complainant—

• (i) a copy of the draft of the investigation report,

• (ii) a copy of this section, and

• (iii) a notice in writing stating that the landlord and complainant (if any) may, not later than 21 days from the date on which the notice was respectively received by them, or such further period not exceeding 21 days as the authorised officer allows, each make submissions in writing to the authorised officer on the draft of the investigation report.

• (2) Subject to subsection (3), an authorised officer who has complied with subsection (1) shall, as soon as is practicable after—

• (a) the expiration of the period referred to in subsection (1)(b)(iii), and

• (b) having—

• (i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

• (ii) made any revision to the draft of the investigation report which, in the opinion of the authorised officer, is warranted following such consideration,

prepare the final form of the investigation report and submit it to the decision maker appointed by the Board under section 148U with any such submissions annexed to the report.

• (3) Where an authorised officer states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the landlord has occurred or is occurring, the authorised officer shall not make any recommendation, or express any opinion, in the report as to the sanction that he or she thinks ought to be imposed on the landlord in respect of such improper conduct in the event that the decision maker is also satisfied that improper conduct by the landlord has occurred or is occurring.

• (4) Subject to subsection (6), where the decision maker has considered an investigation report (and any submissions annexed thereto) submitted to him or her under subsection (2), he or she shall decide to do one of the following:

• (a) if he or she is satisfied that improper conduct by the landlord has occurred or is occurring, may, subject to subsection (9) and section 148Z impose a sanction on the landlord as he or she thinks fit in the circumstances of the case;

• (b) if he or she is not satisfied that improper conduct by the landlord has occurred or is occurring but is of the opinion that a further investigation of the landlord is warranted, shall direct the Board to cause a further investigation on the matters to which, in the opinion of the decision maker the further investigation should relate;

• (c) if he or she is not satisfied that improper conduct by the landlord has occurred or is occurring and is not of the opinion that a further investigation of the landlord is warranted, and the investigation arose—

• (i) following the receipt of a complaint by the Board, shall dismiss the complaint,

• (ii) on the volition of the Board, shall decide that no further action under this Part is warranted.

• (5) Subject to subsection (7), where the decision maker has considered an acknowledgment by a landlord under section 148W(1) submitted to him or her under section 148W(2) he or she may decide, subject to subsection (9) and section 148Z, to impose a sanction on the landlord as he or she thinks fit in the circumstances of the case.

• (6) Where the decision maker has considered an investigation report (and any submissions annexed thereto) submitted to him or her under subsection (2), the decision maker may, if he or she considers it proper to do so for the purposes of assisting him or her to make a decision under subsection (4), or for the purposes of observing fair procedures, for those purposes—

• (a) conduct an oral hearing and give to the landlord and, if the investigation arose following receipt of a complaint, the complainant—

• (i) a copy of the investigation report (and any submissions annexed thereto), and

• (ii) a notice in writing stating that the landlord and complainant may, not later than 14 days from the date on which the notice was respectively received by them, or such further period not exceeding 14 days as the decision maker allows, each make submissions in writing to the decision maker on the investigation report,

or

• (b) give to the landlord and, if the investigation arose following receipt of a complaint, the complainant a copy of the investigation report and the notice referred to in paragraph (a)(ii).

• (7) Where the decision maker has considered an acknowledgment under section 148W(1) submitted to him or her under section 148W(2) the decision maker may, if he or she considers it proper to do so for the purposes of assisting him or her to make a decision under subsection (5) or for the purposes of observing fair procedures—

• (a) conduct an oral hearing and give to the landlord and, if the investigation arose following receipt of a complaint, the complainant—

• (i) a copy of the acknowledgment by the landlord, and

• (ii) a notice in writing stating that the landlord and complainant may, not later than 14 days from the date on which the notice was respectively received by them, or such further period not exceeding 14 days as the decision maker allows, each make submissions in writing to the decision maker on the acknowledgment by the landlord under section 148W(1),

or

• (b) give to the landlord and, if the investigation arose following receipt of a complaint, the complainant a copy of the acknowledgement by the landlord and the notice referred to in paragraph (a)(ii).

• (8) Part 2 of Schedule 3 shall have effect for the purposes of an oral hearing referred to in subsection (6)(a) or (7)(a).

• (9) Where subsection (4)(a) or (5) applies, the decision maker shall in deciding the sanction to be imposed on the landlord take into consideration the matters referred to in section 148AD.

• (10) The decision maker shall, as soon as practicable after making a decision under subsection (4) or (5), give notice in writing of the decision and the reasons for it to the Board.

• (11) In this section, "sanction" in relation to improper conduct, means one, more than one, or all of the following:

• (a) a direction in writing to the landlord to pay to the Board a sum specified in the direction not exceeding €15,000, by way of financial penalty for the improper conduct by the landlord specified in the direction;

• (b) a direction in writing to the landlord to pay to the Board a sum specified in the direction not exceeding €15,000, being all or part of the costs incurred by the Board in investigating the matter to which the direction relates;

• (c) the giving of a caution in writing to the landlord.]

148Y. F447[Receipt of decision by Board

148Y.—(1) On receipt of the notice of the decision under section 148X(10) the Board shall prepare a written record of it (in this section referred to as a "decision notice") and issue it to the landlord.

• (2) If the decision maker has made a decision to impose a sanction under subsection (4)(a) or (5) of section 148X the decision notice shall set out—

• (a) the sanction imposed on the landlord for the improper conduct by the landlord in respect of which the decision maker is satisfied under subsection (4)(a) or (5) of section 148X, and

• (b) the reasons for the imposition of the sanction as the case may be.

• (3) If the decision maker has given a direction to the Board under section 148X(4)(b) the Board shall cause a further investigation to be carried out under section 148V(1).

• (4) The decision notice under subsection (2) shall inform the landlord when, subject to section 148Z, the decision under subsection (4)(a) or (5) of section 148X shall become binding.

• (5) Where the decision of the decision maker under section 148X(4) or 148X(5) relates to an investigation which arose following receipt of a complaint by the Board, the Board shall give the complainant a copy of the decision notice given or to be given to the landlord at the same time as the notice is given to the landlord or as soon as practicable thereafter.]

148Z. F448[Decision and requirement of confirmation

148Z.—(1) The landlord has a right to appeal the decision to impose a sanction under subsection (4)(a) or (5) of section 148X in accordance with section 148AA.

• (2) The decision to impose a sanction under subsection (4)(a) or (5) of section 148X shall not take effect unless it is confirmed by the Circuit Court on appeal under section 148AA, or under section 148AB.]

148AA. F449[Appeal to Circuit Court against decision to impose sanction

148AA.—(1) A landlord the subject of a decision under subsection (4)(a) or (5) of section 148X by the decision maker to impose a sanction on the landlord may, not later than 21 days from the giving by the Board to the landlord of the decision notice, appeal to the Circuit Court against the decision.

• (2) The Circuit Court may, on the hearing of an appeal under subsection (1) by a landlord, consider any evidence adduced or argument made, whether or not adduced or made to an authorised officer or the decision maker.

• (3) Subject to subsection (4), the Circuit Court may, on the hearing of an appeal under subsection (1) by a landlord—

• (a) either—

• (i) confirm the decision the subject of the appeal,

• (ii) set aside the decision the subject of the appeal, or

• (iii) set aside that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

• (I) to impose a different sanction on the landlord, or

• (II) to impose no sanction on the landlord,

and

• (b) make such order as to costs as it thinks fit in respect of the appeal.

• (4) The Circuit Court shall, for the purposes of subparagraph (i) or (iii)(I) of subsection (3)(a), take into consideration the matters referred to in section 148AD.

• (5) An appeal under subsection (1) shall be brought before a judge of the Circuit Court for the time being assigned to the Circuit in which the appellant resides or carries on any profession, trade or business.]

148AB. F450[Application to Circuit Court to confirm decision to impose sanction

148AB.—(1) Where a landlord does not, within the period allowed under section 148AA(1), appeal to the Circuit Court against a decision under subsection (4)(a) or (5) of section 148X by the decision maker to impose a sanction on the landlord, the Board shall, as soon as is practicable after the expiration of that period and on notice to the landlord, make an application in a summary manner to the Circuit Court for confirmation of the decision.

• (2) The Circuit Court shall, on the hearing of an application under subsection (1), confirm the decision under subsection (4)(a) or (5) of section 148X the subject of the application unless the Court considers that there is good reason not to do so.

• (3) An application under subsection (1) shall be made to a judge of the Circuit Court for the time being assigned to the Circuit in which the landlord to whom the decision concerned applies resides or carries on any profession, trade or business.]

148AC. F451[Provisions supplementary to sections 148AA and 148AB

148AC.—(1) The decision of the Circuit Court on an appeal under section 148AA or an application under section 148AB is final except that the Board or the landlord the subject of the decision may, by leave of the Circuit Court, appeal against the decision to the High Court on a point of law.

• (2) Where the Circuit Court confirms or gives a decision under section 148AA(3) or 148AB(2), the Board shall, as soon as is practicable after the decision is confirmed or given, as the case may be, give notice in writing of the decision to the landlord.

• (3) The Board may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Board pursuant to a decision confirmed or given under section 148AA(3) or 148AB(2) by the Circuit Court.

• (4) All payments made to the Board of any amount due to the Board pursuant to a decision confirmed or given under section 148AA(3) or 148AB(2) by the Circuit Court shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct.

• (5) Where an investigation arose following receipt of a complaint by the Board, the Board shall give to the complainant a copy of a notice given or to be given under subsection (2) to a landlord at the same time as the notice is given to the landlord or as soon as is practicable thereafter.]

148AD. F452[Matters to be considered in determining nature of sanction

148AD.—The Circuit Court or the decision maker, as appropriate, in considering the sanction (if any) to be imposed on a landlord pursuant to subsection (4)(a) or (5) of section 148X or confirmed or given under section 148AA(3) or 148AB(2), shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—

• (a) the need to ensure that any sanction imposed—

• (i) is appropriate and proportionate to the improper conduct,

• (ii) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future, and

• (iii) if applicable, will act in the public interest to encourage compliance with this Act,

• (b) the seriousness of the improper conduct,

• (c) if the landlord has, under section 148W(1), acknowledged the improper conduct,

• (d) the extent of any failure by the landlord to co-operate with the investigation concerned of the improper conduct by the landlord,

• (e) any explanation by the landlord for the improper conduct or failure to co-operate with the investigation concerned,

• (f) any gain (financial or otherwise) made by the landlord or by any person in which the landlord has a financial interest as a consequence of the improper conduct,

• (g) the amount of any loss suffered or costs incurred as a result of the improper conduct and any steps taken by the landlord to remediate the loss suffered or costs incurred,

• (h) the duration of the improper conduct,

• (i) if applicable, a re-occurrence of the improper conduct by the landlord,

• (j) if applicable, the continuation of the improper conduct after the landlord was notified of the investigation concerned,

• (k) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct, and

• (l) whether a sanction has previously been imposed under this Part on the landlord on foot of a similar occurrence of improper conduct.]

148AE. F453[Publication of sanctions

148AE.—The Board shall publish particulars, in such form and manner and for such period as it thinks fit of any imposition of a sanction on a landlord under section 148AA(3) or 148AB(2).]

148AF. F454[Procedural rules

148AF.—(1) The procedure to be followed under this Part in relation to an investigation shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.

• (2) Without prejudice to the generality of subsection (1), rules under this section may—

• (a) specify any forms to be used under this Part by a complainant, landlord, authorised officer or decision maker, and

• (b) specify the period within which, in relation to a complaint the Board shall appoint an authorised officer or decision maker under section 148U.

• (3) Subject to this Part and rules under this section, the procedure for carrying out an investigation by an authorised officer or making a decision by a decision maker shall be such as the authorised officer or decision maker considers appropriate in all the circumstances of the case.

• (4) The authorised officer or decision maker shall perform his or her functions without undue formality where that is consistent with the due performance of those functions.]

148AG. F455[Relationship between investigation and criminal proceedings

148AG.—(1) If a sanction is imposed on a landlord under section 148AA(3) or 148AB(2) and the improper conduct in respect of which the sanction is imposed is an offence under this Act, the landlord is not liable to criminal proceedings for the offence in respect of the improper conduct concerned F456[or to a fixed payment notice under section 12, 22B, 144 or 144A being served in respect of that offence].

• (2) If criminal proceedings have been or are being brought against a landlord F456[, or a fixed payment notice under section 12, 22B, 144 or 144A has been served on the landlord,] and the offence in respect of which the proceedings have been or are being brought is improper conduct, F456[or the fixed payment notice has been served, as the case may be,] a sanction may not be imposed on the landlord under section 148AA(3) or 148AB(2) in respect of the offence concerned.

• (3) An acknowledgment by a landlord under section 148W(1) is not admissible against the landlord in criminal proceedings other than criminal proceedings for an offence under section 148S(16).]

PART 8 Private Residential Tenancies Board

Chapter 1 Establishment and principal functions of Board

149. Establishment day.

149.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.

150. Establishment of Board.

150.—(1) On the establishment day there shall stand established a board to be known as An Bord um Thionóntachtaí Cónaithe Príobháideacha or, in the English language, the Private Residential Tenancies Board (in this Act referred to as “the Board”) to perform the functions conferred on it by this Act.

• (2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land, or an interest in land and to acquire, hold and dispose of any other property.

• (3) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions.

• (4) The Board shall have all such powers as are necessary or expedient for or incidental to the performance of its functions under this Act.

151. Functions of Board.

151.—(1) The principal functions of the Board shall be—

• (a) the resolution of disputes between tenants and landlords in accordance with the provisions of Part 6,

• (b) the registration of particulars in respect of tenancies in accordance with the provisions of Part 7,

• F457[(ba) the investigation of landlords and the imposition of sanctions in accordance with the provisions of Part 7A,]

• (c) the provision to the Minister of advice concerning policy in relation to the F458[…] rented sector,

• F459[(ca) F460[…]]

• F459[(cb) the publication of statistics under section 114A,]

• (d) the development and publication of guidelines for good practice by those involved in the F458[…] rented sector,

• (e) the collection and provision of information relating to the F458[…] rented sector, including information concerning prevailing rent levels,

• (f) where the Board considers it appropriate, the conducting of research into the F458[…] rented sector and monitoring the operation of various aspects of the F458[…] rented sector or arranging for such research and monitoring to be done,

• F461[(fa) the performance of the functions transferred to it by section 76 of the Residential Tenancies (Amendment) Act 2015,]

• (g) the review of the operation of this Act (and, in particular, Part 3) and any related enactments and the making of recommendations to the Minister for the amendment of this Act or those enactments,

• (h) the performance of any additional functions conferred on the Board under subsection (3).

• (2) The Board shall provide information to the Minister on such matters related to its functions and the F458[…] rented sector as may be requested by the Minister from time to time.

• F462[(2A)
• (a) The Minister shall, not earlier than 12 months and not later than 15 months after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019, request the Board to provide him or her with such information in relation to prevailing rent levels in the rented sector (other than lettings referred to in paragraph (b) of the definition of that term) as he or she may specify by such date (which shall be a date that falls not later than 3 months after the date of the request concerned) as he or she may specify.

• (b) The Board shall comply with a request under paragraph (a).

• (c) The Minister shall, not later than 3 months after the date specified under paragraph (a) in respect of the request concerned—

• (i) prepare a report in relation to prevailing rent levels in the rented sector (other than lettings referred to in paragraph (b) of the definition of that term), and

• (ii) lay a copy of that report before each House of the Oireachtas.]

• (3) The Minister may, if he or she so thinks fit or if so requested by another Minister of the Government, after consultation with—

• (a) the Board,

• (b) that other Minister of the Government, and

• (c) the Minister for Finance,

by order—

• (i) confer on the Board such additional functions connected with the functions for the time being of the Board or activities that the Board is authorised for the time being to undertake as he or she considers appropriate,

• (ii) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Board of functions under this subsection or the performance by the Board of functions so conferred.

• F463[(4) In this section "rented sector" means—

• (a) the sector of commercial activity in the State consisting of the letting of dwellings, and

• (b) the letting, by approved housing bodies, of dwellings, referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), to households referred to in that subsection.]

152. Model lease.

152.—(1) Guidelines published under section 151(1)(d) may include a precedent for a model lease of a dwelling.

• (2) Such a precedent shall—

• (a) contain all of the provisions necessary to make the lease of the dwelling concerned an instrument which is consistent with this Act and any other relevant enactments,

• (b) be worded, so far as is practicable, in plain language, and

• (c) to the extent necessary having regard to the requirements of paragraph (a), contain provisions best calculated to ensure harmonious relations between the parties to the lease as regards their conduct towards one and another in their capacity as such parties.

Chapter 2 Composition of Board

153. Membership of Board.

153.—(1) The members of the Board shall be such number, not less than 9 and F465[not more than 12], as the Minister considers appropriate from time to time.

• (2) The members of the Board shall be appointed by the Minister as soon as may be after the establishment day and shall be persons who, in the Minister’s opinion, have experience in a field of expertise relevant to the Board’s functions.

• (3) Except as provided for by subsection (2), the members of the Board shall be appointed from time to time as occasion requires by the Minister.

• (4) The Minister shall, in so far as is practicable, ensure an equitable balance between the numbers of members of the Board who are women and the number of them who are men.

• (5) The Minister when appointing a member shall fix such member’s period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister may determine.

• (6) The members of the Board (including the chairperson) may be paid such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

154. Supplemental provisions as to membership of Board.

154.—(1) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.

• (2) A member of the Board may, at any time, be removed from membership of the Board by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

• (3) A person shall cease to be, and shall be disqualified from being, a member of the Board where he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

• (c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

• (d) is disqualified or restricted from being a director of any company.

• (4) If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the casual vacancy so caused.

• (5) A member of the Board whose term of membership of the Board expires shall be eligible for re-appointment as a member of the Board.

155. Chairperson of Board.

155.—(1) The Minister shall appoint a person, from among the members of the Board, as chairperson of the Board.

• (2) Where the chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.

• (3) The chairperson of the Board may at any time resign his or her office as chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.

• (4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as chairperson of the Board.

Chapter 3 Meetings and committees

156. Meetings of Board.

156.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

• (2) The Minister shall fix the date, time and place of the first meeting of the Board and the Board shall fix the date, time and place of subsequent meetings.

• (3) The quorum for a meeting of the Board F466[shall be 4].

• (4) At a meeting of the Board the chairperson of the Board shall, if present, chair the meeting and if not present, or if the office of chairperson is vacant, the members of the Board present at the meeting shall choose one of their number to chair the meeting.

• (5) At a meeting of the Board each person present, including the chairperson, shall have a vote and any question on which a vote is required so as to establish the Board's position on a matter shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second and casting vote.

• (6) The Board may act notwithstanding one or more vacancies among its members (but this subsection is without prejudice to subsection (3)).

• (7) Subject to the provisions of this Act, the Board may regulate its own procedures and business.

157. Committees of Board.

157.—(1) The Board may establish committees consisting F467[, subject to subsections (2A) and (2B) (inserted by section 68 of the Residential Tenancies (Amendment) Act 2015),] in whole or in part of persons who are members of the Board—

• (a) to assist and advise the Board on matters relating to any of its functions or on such matters as the Board may from time to time determine, or

• (b) to perform such functions of the Board as may be delegated by it from time to time.

• (2) Without prejudice to the generality of subsection (1), the Board shall establish a committee which shall be known and is in this Act referred to as the “Dispute Resolution Committee”.

• F467[(2A) Subject to subsection (2B), a member of the Board shall not be eligible for appointment to the Dispute Resolution Committee.

• (2B) Notwithstanding subsection (2A), the member of the Board who is appointed under section 155 as chairperson of the Board, shall be the chairperson, and member, of the Dispute Resolution Committee for the period for which he or she is appointed as chairperson of the Board.]

• (3) The Board, when appointing a member of a committee, shall—

• (a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee,

• (b) have regard to the desirability of such balance between the numbers of each sex on the committee as is appropriate and determined from time to time,

• (c) fix the member's period of membership (which, in the case of a member of the Dispute Resolution Committee, shall not be less than a period of 3 years),

• (d) fix the terms of his or her membership.

• (4) The members of a committee may be paid by the Board such fees as the Board may determine, subject to the consent of the Minister and the Minister for Finance.

158. Supplemental provisions as to committees of Board.

158.—(1) In this section “committee” means a committee established under section 157.

• (2) A member of a committee may be removed by the Board at any time for stated reasons.

• (3) The acts of a committee and the performance by a committee of functions delegated to it under section 157 shall be subject to confirmation by the Board, unless the Board otherwise determines.

• (4) The Board may, subject to this Act, determine the terms of reference and regulate, by standing orders or otherwise, the procedures and business of a committee including the filling of casual vacancies but, subject to any such regulation, a committee may regulate its own procedures.

• (5) A committee shall appoint, from time to time, a chairperson from among its members.

• (6) The Board may at any time dissolve a committee.

• (7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of its activities and operation, for the purposes of the performance of the functions of the Board.

• (8) Subsections (4) to (6) do not apply to the Dispute Resolution Committee.

159. Dispute Resolution Committee.

159.—(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109 F468[…] and 124) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157.

• F469[(2) The Dispute Resolution Committee shall consist of not more than 45 members which shall include the chairperson of the Dispute Resolution Committee.]

• (3) A member of the Board shall not be eligible for appointment as a member of the Dispute Resolution Committee F470[…].

• F471[(3A) When the member of the Board ceases to be the chairperson of the Board he or she shall also cease to be chairperson of the Dispute Resolution Committee.]

• (4) The members of the Dispute Resolution Committee shall be appointed by the Board after consultation with the Minister.

• (5) The Board, after consultation with the Minister, shall appoint a member of the Dispute Resolution Committee as chairperson of the Committee; that member must be a person who is also a member of the Board.

• (6) The Dispute Resolution Committee shall adopt, subject to the approval of the Board and the Minister, rules and procedures for the conduct of its meetings and the performance of its functions generally.

• (7) A member of staff of the Board shall act as secretary to the Dispute Resolution Committee.

Chapter 4 Management of Board

160. Director of Board.

160.—(1) There shall be a chief officer of the Board who shall be known and is referred to in this Act as the “Director”.

• (2) The Director shall be appointed by the Board in accordance with procedures that have been determined by the Board with the consent of the Minister.

• (3) The first appointment by the Board of a person to be the Director shall be made within 3 years from the establishment day.

• (4) The Director may, at any time, for stated reasons be removed from office by the Board with the consent of the Minister.

• (5) The Director shall carry on, manage and control generally the administration and business of the Board and perform such other functions as may be determined by the Board.

• (6) The Director shall hold office for such period and upon and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be determined from time to time by the Minister, after consultation with the Board and with the consent of the Minister for Finance.

161. Supplemental provisions in relation to Director.

161.—(1) The Director shall perform his or her functions subject to such policies as may be determined from time to time by the Board and shall be answerable to the Board for the efficient and effective management of the Board and for the due performance of his or her functions.

• (2) The Director may delegate any of his or her functions to a member of staff of the Board (other than functions that have been delegated to the Director subject to a condition that they are not to be sub-delegated), and the member of staff shall be accountable to the Director for the performance of the functions so delegated.

• F472[(2A) During a period when—

• (a) the Director is, by reason of illness or otherwise, unable to perform the functions of Director, or

• (b) the office of Director is vacant,

specified functions of the Director may, during that period, at the request of the Board and with the consent of the Minister, be performed by a member of staff of the Board designated to act as the deputy for the Director (in this section referred to as the "Deputy Director").]

• (3) Notwithstanding subsection (2), the Director shall at all times remain accountable to the Board for the performance of functions delegated by him or her.

• (4) The Director may make proposals to the Board on any matter relating to the activities of the Board.

• (5) The Director shall not be a member of the Board or of any committee of the Board, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or the committee or both and shall be entitled to speak at and advise such meetings.

• F472[(5A) A reference in this Act to the Director, in so far as it relates to a function to be performed by a Deputy Director under subsection (2A), shall include a reference to the Deputy Director designated under that subsection to perform that function.]

Chapter 5 Staff of Board and superannuation matters

162. Staff of Board.

162.—(1) In addition to the Director, the Board may, from time to time, appoint such and such number of persons to be members of the staff of the Board as it may determine with the consent of the Minister and the Minister for Finance.

• (2) The grades of the staff of the Board, the numbers of staff in each grade and the appropriate level of remuneration for each grade shall be determined by the Board with the consent of the Minister and the Minister for Finance.

• (3) Subject to such conditions as it thinks fit, the Board may delegate to the Director any of the functions of the Board in relation to the employment of staff and the determination of selection procedures.

• (4) The staff of the Board shall—

• (a) be paid out of moneys available to the Board,

• (b) perform such functions as determined from time to time by the Director, and

• (c) hold office or employment for such period and upon and subject to such terms and conditions as may be determined from time to time by the Director, with the consent of the Minister and the Minister for Finance.

• (5) Every member of the staff of the Minister designated by order made by the Minister for the purposes of this section shall, on being so designated, be transferred to and become a member of the staff of the Board.

• (6) The Minister may make an order for the purposes of subsection (5) at any time but shall not do so without first having—

• (a) notified in writing any recognised trade union or staff association concerned of the Minister's intention to do so, and

• (b) considered, within such time as may be specified in the notification, any representations made by such trade unions or staff associations in relation to the matter.

• (7) Except in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (5) shall not, while in the service of the Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which he or she was entitled and the terms and conditions of service to which he or she was subject immediately before his or her transfer into such service.

163. Superannuation.

163.—(1) As soon as practicable after the establishment day, the Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Board as it may think fit.

• (2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

• (4) A scheme submitted by the Board under this section shall, if approved by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.

• (5) Superannuation benefits granted under schemes under this section to persons, who immediately before their being designated by an order under section 162, were members of the staff of the Minister, and the terms and conditions relating to those benefits, shall not be less favourable to those persons than those to which they were entitled immediately before such designation.

• (6) No superannuation benefit shall be granted by the Board nor shall any other arrangements be entered into by the Board for the provision of such a benefit to or in respect of a member of the staff of the Board otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.

• (7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

• (8) A scheme under this section 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.

Chapter 6 Appointment or engagement of certain persons

164. Mediators and adjudicators.

164.—(1) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “mediators” to carry out the functions assigned to them by the Board in accordance with Part 6.

• (2) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “adjudicators” to carry out the functions assigned to them by the Board in accordance with Part 6.

• (3) The Board may appoint a person as both a mediator and an adjudicator.

• (4) The Board shall form 2 panels, one comprising the names of the persons who stand appointed as mediators and the other comprising the names of the persons who stand appointed as adjudicators.

• (5) Mediators and adjudicators shall each be appointed for such period (not being less than 3 years) as the Board may determine and shall be paid such fees and expenses as the Board, with the consent of the Minister and of the Minister for Finance, may determine from time to time; the other terms and conditions on which each of them shall stand appointed shall be such as the Board may determine from time to time.

• (6) Those other terms and conditions shall, in relation to adjudicators, include such terms and conditions as are likely, in the opinion of the Board, to secure the independence and impartiality of the adjudicators.

• (7) A mediator or adjudicator may at any time resign from his or her appointment as mediator or adjudicator.

• (8) Neither the Civil Service Commissioners Act 1956 (or any enactment that replaces in whole or in part that Act) nor the Civil Service Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.

164A. F473[Authorised officers and decision makers

164A. (1) For the purposes of Part 7A the Board shall appoint, as it thinks fit—

• (a) a person to be an authorised officer, and

• (b) a person to be a decision maker.

• (2) A person appointed under subsection (1)(a) may be a member of staff of the Board.

• (3) A person shall not at the same time stand appointed as both an authorised officer and a decision maker.

• (4) The Board shall form 2 panels, one comprising the names of persons who stand appointed as authorised officers and one comprising the names of persons who stand appointed as decision makers.

• (5) Other than an appointment of a person referred to in subsection (2), an appointment under subsection (1) shall be for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Board, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, may determine.

• (6) Each authorised officer or decision maker shall be given a warrant of appointment by the Board and when exercising a power conferred on him or her under Part 7A shall, if requested by a person affected by the exercise of the power, produce the warrant or a copy of it together with a form of personal identification.

• (7) An authorised officer or decision maker may at any time resign from his or her appointment as an authorised officer or decision maker.

• (8) An appointment under this section as an authorised officer or decision maker shall cease—

• (a) if the Board revokes the appointment,

• (b) if the appointment is for a fixed period, on the expiry of that period, or

• (c) if the authorised officer or decision maker resigns.]

165. Removal of an adjudicator from the panel.

165.—(1) The Board may, in accordance with this section, remove an adjudicator from the panel formed under section 164(4) (“the panel”).

• (2) If it appears to the Board that an adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, it may apply to the District Court for an order under subsection (3) authorising the removal of the adjudicator from the panel.

• (3) On the hearing of an application under this section and having considered the evidence adduced by the Board in the matter and any evidence adduced by or on behalf of the adjudicator, the District Court shall, if it finds that the adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, make an order authorising the Board to remove the adjudicator from the panel.

• (4) On the making of such an order (or, if the order is appealed to the Circuit Court and the Circuit Court confirms the order, on the order being so confirmed), the Board shall remove the adjudicator from the panel.

• (5) Save where the period of his or her appointment has expired or a failure (not amounting to misconduct) by him or her to comply with the terms and conditions upon which he or she was appointed occurs, an adjudicator shall not be removed from the panel otherwise than in accordance with this section or with his or her consent.

• (6) In this section “misconduct” means any conduct likely to bring the procedures for determinations by adjudicators under Part 6 into disrepute and includes—

• (a) any demonstration by an adjudicator of bias towards the interests of a party before him or her,

• (b) gross discourtesy by an adjudicator to one or more of the parties before him or her, and

• (c) wilful failure by an adjudicator to attend to his or her duties as an adjudicator.

166. Consultants and advisers.

166.—(1) Subject to such conditions (if any) as may for the time being stand specified by the Minister for the purposes of this section, the Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.

• (2) Any person who wishes to be engaged by the Board as a consultant or adviser pursuant to this section may notify the Board in writing of this fact and any notification for that purpose shall include particulars of the person's qualifications and experience.

• (3) The Board shall maintain a list of the persons who notify the Board pursuant to subsection (2).

• (4) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on that list.

• (5) The Board shall include in its annual report under section 180 a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.

167. Provision of services to Board.

167.—(1) For the purposes of enabling the Board to perform its functions as and from the establishment day, the Minister may, for such period as he or she thinks appropriate, supply to the Board any services, including services of staff, required by the Board and the Board may avail itself of such services for which arrangements are made under this section.

• (2) The supply of services of staff under subsection (1) may include the supply of services of a person to perform the functions of the Director under this Part and Part 6.

• (3) For so long as the services of a person are provided for the purpose mentioned in subsection (2)—

• (a) the functions mentioned in that subsection shall be performable by that person, and

• (b) sections 160(6) and 161 shall apply to that person.

Chapter 7 Supplemental provisions with regard to Board's administration and management

168. Indemnification of certain persons.

168.—(1) Where the Board is satisfied that a person to whom this section applies has discharged the functions appropriate to that person in relation to the functions of the Board in good faith, it shall indemnify that person against all actions or claims however they arise in respect of the discharge by that person of those functions.

• (2) This section applies to—

• (a) a member of the Board,

• (b) a member of a committee of the Board,

• (c) a member of staff of the Board,

• (d) a mediator or adjudicator,

• F474[(da) an authorised officer or decision maker appointed under section 164A,]

• (e) an adviser or consultant to the Board engaged under section 166, and

• (f) a person whose services are provided to the Board under section 167.

169. Membership of either House of the Oireachtas, etc.

169.—(1) Where a member of the Board or the Dispute Resolution Committee or a member of the staff of the Board—

• (a) accepts nomination as a member of Seanad Éireann,

• (b) is elected to either House of the Oireachtas or to the European Parliament,

• (c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to that Parliament, or

• (d) becomes a member of a local authority,

he or she shall thereupon—

• (i) in the case of a member of the Board or the Dispute Resolution Committee, cease to be a member of the Board or that Committee,

• (ii) in the case of a member of the staff of the Board, stand seconded from employment by the Board for the period specified in subsection (2).

• (2) A person who stands seconded under subsection (1)(ii) shall not be paid by, or be entitled to receive from, the Board any remuneration in respect of the period commencing on such nomination or election or his or her membership of the local authority or the date on which he or she is so regarded as having been elected, as the case may be, and ending on the date on which he or she ceases to be a member of either such House or such Parliament or such local authority.

• (3) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Board for the purposes of any superannuation benefits.

• (4) 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 representative in the European Parliament or a member of a local authority shall, while he or she is so entitled or is such a representative or member, be disqualified from becoming a member of the Board or the Dispute Resolution Committee or a member of the staff of the Board.

170. Disclosure of interests.

170.—(1) Where a member of the Board, a member of a committee of the Board, a member of the staff of the Board or a consultant or adviser engaged under section 166 has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Board or a committee, he or she shall comply with the following requirements:

• (a) he or she shall disclose to the Board the fact of such interest and the nature of the interest in advance of any consideration of the matter;

• (b) he or she shall neither influence nor seek to influence a decision in relation to the matter;

• (c) he or she shall take no part in any consideration of the matter;

• (d) if he or she is a member of the Board or a committee or both or a member of the staff of the Board, he or she shall withdraw from any meeting concerned for so long as the matter is being discussed or considered and shall not vote or otherwise act as such Board or committee member or member of staff in relation to the matter.

• (2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest in, or material to, a matter referred to in that subsection if—

• (a) the person or any member of his or her household, or any nominee of him or her or of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, such a matter,

• (b) the person or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

• (c) the person or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning property to which such a matter relates, or

• (d) any member of his or her household has a beneficial interest in, or material to, such a matter.

• (3) A person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of the person or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on any question with respect to the matter, or in performing any function in relation to that matter.

171. Section 170: supplemental provisions.

171.—(1) Where at a meeting or proceeding of the Board or a committee of the Board a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by the person to comply with the requirements of section 170, then, if the meeting or proceeding is of a committee, it shall be adjourned until the question has been referred to and determined by the Board, and if the meeting is of the Board, the question shall be determined by the Board, whose decision in all cases shall be final, and particulars of the determination shall be recorded in the minutes of the Board's meeting.

• (2) Where a disclosure is made under section 170, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being considered or discussed by the meeting, the person by whom the disclosure is made, where he or she is a member of the Board, shall not be counted in the quorum for the meeting unless the Board otherwise determines.

• (3) A person who contravenes section 170 is guilty of an offence.

• (4) In any proceedings for an offence under subsection (3), it shall be a defence for the defendant to prove that at the time of the alleged offence he or she did not know and had no reason to believe that a matter in which, or in relation to which, he or she had a beneficial interest had fallen to be considered by him or her, by the Board or by a committee of the Board or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 170 applied.

• (5) A member of the Board, or of a committee of the Board, if convicted of an offence under subsection (3) shall, on such conviction, cease to be and be disqualified from being such a member.

172. Disclosure of information.

172.—(1) Save as otherwise provided by law and subject to subsection (3), a person shall not, other than with the consent of the Board, disclose confidential information obtained by him or her while performing (or as a result of having performed) functions as—

• (a) a member of the Board,

• (b) a member of the staff of the Board,

• (c) a member of a committee of the Board,

• (d) an adviser or consultant to the Board engaged under section 166.

• (2) A person who contravenes subsection (1) is guilty of an offence.

• (3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made to the Board or made by, or on behalf of, the Board to the Minister.

• (4) In this section “confidential information” includes—

• (a) information that is expressed by the Board or a committee of the Board, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description,

• (b) proposals of a commercial nature or tenders submitted to the Board by contractors, consultants or any other person,

• (c) information the disclosure of which is prohibited by virtue of section 128(4).

• (5) A member of the Board or of a committee of the Board, if convicted of an offence under subsection (2) shall, on such conviction, cease to be and be disqualified from being such a member.

173. Seal of Board.

173.—(1) The Board shall, as soon as may be after its establishment, provide itself with a seal.

• (2) The seal of the Board shall be authenticated by the signature of—

• (a) the chairperson of the Board or another member of the Board authorised by the Board to act in that behalf, and

• (b) the Director or a member of the staff of the Board authorised by the Board to act in that behalf.

• (3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal of the Board (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

Chapter 8 Financial and accountability provisions

174. Grants to Board.

174.—The Minister may, in each financial year, after consultation with the Board in relation to its proposed work programme and projected expenditure for that year, make to the Board a grant of such amount, as may be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas for the purposes of expenditure by the Board in the performance of its functions.

175. Borrowings by Board.

175.—(1) The Board may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Board or otherwise).

• (2) The exercise of this power is subject to the consent of the Minister and the Minister for Finance and to such conditions as they may specify.

176. Fees.

176.—(1) The Board may charge, receive and recover such fees as the Board may from time to time determine, subject to the consent of the Minister, in relation to the performance by the Board of its functions, the provision by it of services (other than a service consisting of the provision of information or advice to the Minister) and the carrying on by it of activities.

• (2) Subsection (1) does not apply in respect of any fee provision for the charging for, or payment of, which is made by any other provision of this Act.

• (3) Without prejudice to the generality of subsection (1), the Board may charge fees in respect of all or any of the following:

• (a) access to records of determination orders F475issued under *[section 121]*,

• (b) provision of a F476[…] certified copy of a determination order F475issued under *[section 121]*,

• F477[(ba) the making of an application under section 134 which is not made in electronic form,]

• (c) copies of publications produced by the Board,

• (d) the provision of details of an aggregated nature under section 131.

• (4) The Board may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this or any other provision of this Act.

• (5) Fees received by the Board under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the F478[Minister for Public Expenditure and Reform] may direct.

• (6) The Public Offices Fees Act 1879 shall not apply to any fees payable under this Act.

177. Accounts.

177.—(1) The Director shall submit estimates of income and expenditure of the Board to the Minister in such form, in respect of such periods, and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Board of its functions over a period of years, as required.

• (2) The Director shall consult with the Board in performing the functions under subsection (1) and may submit to the Minister any estimates, information, proposals or other matters under that subsection only after obtaining the Board's consent to do so.