Adoption Act 2010

• (3) The following persons may apply to the Authority to enter particulars of an intercountry adoption effected outside the State in the register of intercountry adoptions:

• (a) the adopted person;

• (b) a person by whom the adopted person was adopted;

• (c) any other person having an interest in the matter.

• (4) Not later than 3 months after the date when a child first enters the State after his or her intercountry adoption in another state by parents habitually resident in the State, the adopters shall ensure that an application to the Authority is made under subsection (3) to enter particulars of the adoption in the register of intercountry adoptions.

• (5) If any of the persons referred to in subsection (3) apply in accordance with this section to enter in the register of intercountry adoptions particulars of an adoption referred to in subsection (4)—

• (a) where the applicant is a person mentioned in paragraph (a) or (c) of subsection (3), the application relieves both of the adopters of the duty under subsection (4), or

• (b) where the applicant is one of the adopters, the application relieves the other adopter of the duty under subsection (4).

• (6) An application under subsection (3) shall be accompanied by the certificate referred to in section 57 issued by the competent authority of the state of adoption.

• (7) If the Authority is satisfied that the adoption is an intercountry adoption effected outside the State that complies with the requirements of this Act in relation to such an adoption, the Authority shall enter particulars of the adoption in the register of intercountry adoptions, together with a copy of the certificate referred to in section 57 concerned.

• (8) If the High Court so directs under section 92(1), an entry shall be made in the register of intercountry adoptions concerning a specified intercountry adoption effected outside the State.

• (9) An entry in the register of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152.

• (10) A person making an application to the Authority under subsection (3) is required to furnish the Authority with such information as the Authority may reasonably require and the information shall be in such form (if any) as may be specified by the Authority.

• (11) An error in an entry in the register of intercountry adoptions may be corrected and, if the High Court so directs, a specified correction shall be made in the register.

91. Certified copy of entry in register of intercountry adoptions as evidence of facts stated.

91.— (1) A document purporting to be a copy, and to be certified by an employee of the Authority to be a true copy, of an entry in the register of intercountry adoptions—

• (a) is evidence of the fact that the adoption to which it relates is an intercountry adoption effected outside the State and is deemed by this Act to have been effected by an adoption order made on the date specified in the copy, and

• (b) shall be issued by the Authority to any person on application by him or her to the Authority in that behalf and on payment by him or her to the Authority of such fee as may be specified by the Authority with the consent of the Minister.

• (2) Any requirement of law for the production of a certificate of birth is satisfied by the production of a document described in subsection (1) and certified to be a true copy of an entry in the register of intercountry adoptions in accordance with that subsection.

91A. F88[Register of gender recognition of intercountry adoptions

91A.— (1) The Authority shall establish and maintain, in the Authority, a register to be called the register of gender recognition of intercountry adoptions, for the purpose of the registration of gender recognition of intercountry adoptions.

• (2) An entry in the register of gender recognition of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152A.

• (3) The Authority shall keep an index to make traceable the connection between each entry in the intercountry adoptions register and the corresponding entry in the register of gender recognition of intercountry adoptions.

• (4) The index kept under subsection (3) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

• (5) A court shall not make an order referred to in subsection (4), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.]

91B. F89[Certified copy of entry in register of gender recognition of intercountry adoptions as evidence of facts stated

91B.— (1) Subject to subsection (3), the Authority shall, on application by a person referred to in subsection (2), in that behalf in writing and on payment to the Authority of the prescribed fee—

• (a) search the register of gender recognition of intercountry adoptions and the index to that register, or

• (b) give the person—

• (i) a copy certified by him or her to be a true copy,

• (ii) a copy, or

• (iii) a certified extract,

of an entry in the register of gender recognition of intercountry adoptions specified by the person.

• (2) The following persons may make an application to the Authority under subsection (1):

• (a) the person to whom the entry on the register of gender recognition of intercountry adoptions relates;

• (b) a person who is, in relation to the person referred to in paragraph (a) —

• (i) the surviving spouse or civil partner,

• (ii) if no surviving spouse or civil partner, the child,

• (iii) if no surviving spouse or civil partner or child, a parent, or

• (iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

• (3) A certified copy of a document referred to in subsection (1) shall not disclose the fact that the entry is contained in the register of gender recognition of intercountry adoptions.

• (4) Any requirement of law for the production of a certificate of birth is satisfied by the production of a certified copy of the document described in subsection (1).

• (5) In subsection (2) "civil partner" has the same meaning as in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.]

91C. F90[Entry in register of gender recognition of intercountry adoptions

91C.— A person referred to in subparagraph (iv) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact the Authority and request that the particulars relating to the recognition of the gender of the person are entered in the register of gender recognition of intercountry adoptions.]

91D. F91[Cancellation or amendment of entry in register of gender recognition of intercountry adoptions

91D.— (1) The Authority, as soon as practicable following receipt of a notice under section 14(9)(c) or 15(11)(c) of the Act of 2015, shall cancel the appropriate entry in the register of gender recognition of intercountry adoptions and the index referred to in section 91A(3).

• (2) The Authority, as soon as practicable following receipt of a notice under section 16(8)(c) of the Act of 2015, shall correct the appropriate entry in the register of gender recognition of intercountry adoptions and the original entry shall be retained in the register.

• (3) The Authority, following a correction of an error of an entry in the register of intercountry adoptions under section 90(11) which corresponds to an entry in the register of gender recognition of intercountry adoptions, shall amend the appropriate entry in the second referred to register accordingly.]

Chapter 3 Directions of High Court in Relation to Register of Intercountry Adoptions

92. Directions of High Court in relation to entries in register of intercountry adoptions.

92.— (1) If, on application to the High Court in that behalf by a person who may make an application to the Authority under section 90(3), the High Court is satisfied that an entry with respect to an adoption in the register of intercountry adoptions should be made, cancelled or corrected, the High Court may by order, as appropriate—

• (a) direct the Authority to procure the making of a specified entry in the register of intercountry adoptions,

• (b) subject to subsection (2), direct the Authority to procure the cancellation of the entry concerned in the register of intercountry adoptions, or

• (c) direct the Authority to make a specified correction in the register of intercountry adoptions.

• (2) Unless satisfied that it would be in the best interests of the adopted person to do so, the High Court shall not give a direction under subsection (1) (b) based solely on the fact that, under the law of the state in which an adoption was effected, the adoption has been set aside, revoked, terminated, annulled or otherwise rendered void.

• (3) Where the High Court gives a direction under subsection (1) (b), it may make orders in respect of the adopted person that appear to the High Court—

• (a) to be necessary in the circumstances, and

• (b) to be in the best interests of the person,

including orders relating to the guardianship, custody, maintenance and citizenship of the person.

• (4) An order under subsection (3), notwithstanding anything in any other Act, applies and shall be carried out to the extent necessary to give effect to the order.

• (5) If the High Court—

• (a) refuses to give a direction under subsection (1)(a), or

• (b) gives a direction under subsection (1)(b),

the intercountry adoption effected outside the State shall not be recognised under this Act.

• (6) The High Court—

• (a) may direct that notice of an application under subsection (1) shall be given by the person making the application to such other persons (including the Attorney General and the Authority) as the High Court may determine, and

• (b) of its own motion or on application to it by the person concerned or a party to the application proceedings, may add any person as a party to the proceedings.

• (7) The Attorney General—

• (a) of his or her own motion, or

• (b) if so requested by the High Court,

may make submissions to the High Court in relation to the application, without being added as party to the application proceedings.

• (8) If the High Court so determines, proceedings under this section shall be heard in private.

PART 11 Proof and Registration of Intercountry Adoptions effected outside the State

93. Proof of intercountry adoptions effected outside State.

93.— (1) Documents, duly authenticated, that purport to be copies of the documents by which an intercountry adoption effected outside the State was made—

• (a) are deemed without further proof to be true copies of the documents unless the contrary is shown, and

• (b) are admissible as evidence of the adoption.

• (2) A document purporting to be a copy of a document or of one of the documents by which an intercountry adoption effected outside the State is made shall be regarded, for the purposes of this section, as being duly authenticated if the document purports—

• (a) to bear the seal of the court or other authority or the person or persons by which or by whom it was issued or executed, or

• (b) to be certified—

• (i) by a person in his or her capacity as a judge or officer of that court or in his or her capacity as that authority or as a member or officer of that authority, or

• (ii) by the person or persons by whom it was issued or executed.

• (3) The Minister, by regulations, may make provision in relation to the proof of intercountry adoptions effected outside the State and the regulations may make different provision for different states and different classes of adoptions.

• (4) Where an intercountry adoption effected outside the State is made in another state, it shall be presumed, unless the contrary is shown, that it was effected under and in accordance with the law of that state.

PART 12 Adoption Authority

Chapter 1 Authority Established

94. Establishment of Adoption Authority.

94.— (1) On the establishment day, a body to be known as Údarás Uchtála na hÉireann or, in the English language, the Adoption Authority of Ireland is established to perform the functions assigned to it by this Act.

• (2) The Authority is a body corporate with perpetual succession and may—

• (a) sue and be sued in the Authority’s own name,

• (b) with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of land or an interest in land, and

• (c) acquire, hold and dispose of any other property.

95. Seal of Authority.

95.— (1) The Authority shall provide itself with a seal as soon as may be after the establishment day.

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

• (a) the signatures of 2 members of the Authority, or

• (b) the signatures of both—

• (i) a member of the Authority, and

• (ii) an employee of the Authority authorised by the Authority to authenticate the seal.

• (3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority authenticated in accordance with this section, shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

96. Functions of Authority.

96.— (1) Without prejudice to the functions assigned to the Authority under this Act or any other enactment, the functions of the Authority include the following:

• (a) on and after the establishment day, performing the functions in relation to adoptions that before that day were performed by An Bord Uchtála;

• (b) as specified in section 66, performing in the State the role of a Central Authority under the Hague Convention;

• (c) at the request of the Minister, providing general advice to him or her about adoption matters;

• (d) undertaking or assisting in research projects and activities relating to adoption services;

• (e) compiling statistical information and other records as to the proper planning, development and provision of those adoption services;

• (f) maintaining the register of accredited bodies; F92[…]

• (g) maintaining the register of intercountry F93[adoptions;]

• F94[(h) maintaining the register of gender recognition of intercountry adoptions and the index referred to in section 91A(3).]

• (2) The Authority has all the powers as are necessary or expedient for the performance by it of its functions.

• (3) The Authority may make such enquiries as it considers necessary for the performance of its functions.

• (4) The Authority shall endeavour to ensure that its adoption enquiries under this Act and adoption hearings before the Authority are conducted in a non-adversarial manner.

97. Rules.

97.— (1) The Authority, with the consent of the Minister, may make rules—

• (a) respecting its procedure, and

• F95[(b) governing the consultation that is required by this Act to be carried out with a relevant non-guardian (which shall include a person who believes himself to be the father) of a child before the child is placed for adoption or before an adoption order is made in respect of that child.]

• (2) The Minister shall ensure that every rule made by the Authority under subsection (1) is laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the rule is passed by either House within the next 21 days on which that House has sat after the rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

98. Membership of Authority.

98.— (1) The Authority shall consist of 7 members, being the chairperson, the deputy chairperson and 5 ordinary members, appointed by the Minister in accordance with this section.

• (2) A person is not eligible for appointment as chairperson or deputy chairperson unless the person—

• (a) is or was, at any time during the 2 years immediately before the appointment, a Judge of the Supreme Court, F96[the Court of Appeal,] the High Court, the Circuit Court or the District Court, or

• (b) is of not less than 10 years standing as a barrister or solicitor.

• (3) Of the 5 ordinary members to be appointed by the Minister—

• (a) one shall be a social worker with experience in adoption practice,

• (b) one shall be a social worker with research expertise in child welfare, child protection or both,

• (c) one shall be a barrister or solicitor with experience in the practice of law in relation to families and children,

• (d) one shall be a medical practitioner whose name is for the time being included in a division of the register of medical practitioners referred to in paragraph (a) or (b) of subsection (2) of section 43 of the Medical Practitioners Act 2007 (as amended by the Health (Miscellaneous Provisions) Act 2007, No. 42 of 2007), and

• (e) one shall be a person with appropriate training in psychology.

• (4) The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Authority.

• (5) Each member of the Authority shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office.

• (6) An appointed member who completes a term of office is eligible for reappointment to the Authority, but may not serve as a member for more than 2 consecutive terms.

• (7) An appointed member may resign office by letter addressed to the Minister and the resignation takes effect on the later of—

• (a) the date specified in the letter, or

• (b) the receipt of the letter by the Minister.

• (8) If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister as soon as practicable shall appoint a person to fill the casual vacancy so occasioned.

• (9) A person appointed under subsection (8) holds office for the unexpired portion of his or her predecessor’s term of office.

• (10) An appointed member, with the consent of the Authority, may vacate his or her office for a specified period of time if, in that member’s opinion, he or she has a conflict of interest in relation to a matter being considered by the Authority.

• (11) The Minister may at any time remove an appointed member of the Authority from office if—

• (a) in the Minister’s opinion—

• (i) the member has become incapable through ill-health of performing the functions of the office,

• (ii) the member has committed stated misbehaviour, or

• (iii) the member’s removal from office is necessary for the Authority to perform its functions in an effective manner,

• (b) the member has contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Act 1995 that by a regulation made under section 3 of that Act applies to that member, or

• (c) in performing functions under this Act, the member has not complied with a code of conduct under section 10(3) of the Standards in Public Office Act 2001.

• (12) A person immediately ceases to be a member of the Authority if the person—

• (a) is adjudicated bankrupt,

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

• (c) is convicted of an indictable offence,

• (d) is convicted of an offence involving fraud or dishonesty,

• (e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act,

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

• (g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession.

99. Membership of either House of Oireachtas, European Parliament or local authority.

99.— (1) A person is not eligible for appointment as a member of the Authority or of a committee of the Authority, if the person is—

• (a) a member of either House of the Oireachtas or of the European Parliament,

• (b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

• (c) a member of a local authority.

• (2) An appointed member of the Authority or a member of a committee of the Authority immediately ceases to hold office on—

• (a) being nominated as a member of Seanad Éireann,

• (b) being elected as a member of either House of the Oireachtas or of the European Parliament,

• (c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

• (d) becoming a member of a local authority.

100. Meetings of Authority.

100.— (1) The Minister, in consultation with the Authority, shall fix the date, time and place of the first meeting of the Authority.

• (2) The Authority shall hold as many meetings as are necessary for performing its functions but shall hold at least 12 meetings a year.

• (3) The chairperson at any reasonable time may call a meeting of the Authority.

• (4) Any 4 members of the Authority may call a meeting of the Authority if the chairperson—

• (a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 4 members, or

• (b) without refusing to call a meeting, does not call one within 7 days after being presented with the requisition.

• F97[(5) Subject to subsection (7), the members present at a meeting called under subsection (4) shall choose one of their number to chair the meeting.]

• F97[(6) The quorum for a meeting of the Authority is—

• (a) the chairperson or deputy chairperson, or

• (b) in the case of a meeting called under subsection (4), and where applicable, the member chosen under subsection (5) to chair the meeting who, for that meeting, shall be regarded as the chairperson for the purposes of subsections (9) and (10),

and 2 other members, one of whom may be the deputy chairperson where the chairperson or another member chosen under subsection (5) is presiding.]

• (7) The chairperson shall preside at all meetings of the Authority at which he or she is present.

• (8) Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

• (9) In the case of an equal division of votes, the chairperson, or in the absence of the chairperson, the deputy chairperson has a second or casting vote.

• (10) Each decision of the Authority shall be announced by the chairperson, the deputy chairperson or the other member authorised by the chairperson and neither the existence of nor the content of any opinion of any other member, whether assenting or dissenting, shall be disclosed.

• (11) Subject to this Act, the Authority may regulate, by standing orders or otherwise, the procedures and business of the Authority.

101. Committees of Authority.

101.— (1) The Authority may—

• (a) establish one or more committees to provide assistance and advice to the Authority in relation to the performance of the Authority’s functions, and

• (b) determine the membership and terms of reference of each committee.

• (2) Each committee—

• (a) shall be chaired by a member of the Authority,

• (b) may include as members persons who are not members or employees of the Authority, and

• (c) consists of the chairperson of the committee and the other persons, whether members of the Authority or not, who the Authority may appoint.

• (3) The Authority may regulate the procedure of each committee but, subject to any such regulation, a committee may regulate its own procedure.

• (4) At any time, the Authority may—

• (a) dissolve any of the committees, or

• (b) remove a member of any of the committees from his or her membership.

102. Remuneration and expenses of members of Authority and committees.

102.— (1) A person—

• (a) appointed as chairperson of the Authority, or

• (b) who is the deputy chairperson of the Authority, in respect of any period during which he or she acts as chairperson of the Authority,

shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may from time to time determine with the consent of the Minister for Finance.

• (2) A member of the Authority and a member of a committee of the Authority shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may determine with the consent of the Minister for Finance.

Chapter 2 Chief Executive Officer

103. Chief executive officer.

103.— (1) The Authority shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Authority.

• (2) Notwithstanding subsection (1), the Minister may appoint the first chief executive officer for a term to be determined by the Minister.

• (3) A person is not eligible for appointment as the chief executive officer if the person is—

• (a) a member of either House of the Oireachtas or of the European Parliament,

• (b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

• (c) a member of a local authority.

• (4) The chief executive officer holds office, subject to subsection (3), on the terms and conditions (including those relating to remuneration, allowances and superannuation) to be determined by the Authority with the approval of the Minister given with the consent of the Minister for Finance.

• (5) The chief executive officer, with the approval of the Minister, may be removed from office by the Authority for stated reasons.

• (6) The chief executive officer may attend any meeting of the Authority or of a committee of the Authority.

104. Functions of chief executive officer.

104.— (1) The chief executive officer shall—

• (a) carry on and manage and control generally the administration and business of the Authority,

• (b) perform such other functions as may be assigned to him or her by or under this Act or any other enactment or as may be determined by the Authority, and

• (c) provide the Authority with information (including financial information) relating to the performance of his or her functions as the Authority may require.

• (2) The chief executive officer is responsible to the Authority for—

• (a) the performance of the chief executive officer’s functions and the implementation of the Authority’s policies,

• (b) supporting the Authority in all functions of a judicial nature conferred on the Authority by this Act,

• (c) maintaining on behalf of the Authority—

• (i) the register of accredited bodies, and

• (ii) the register of intercountry adoptions.

• (3) Such of the functions of the chief executive officer as he or she may specify from time to time may be performed, with the consent of the Authority, by such employee of the Authority as may be authorised by the chief executive officer.

• (4) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this section may be performed by an employee of the Authority designated by the Authority.

105. Accountability of chief executive officer to Public Accounts Committee.

105.— (1) The chief executive officer, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, shall give evidence to that Committee on—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare,

• (b) the economy and efficiency of the Authority in the use of its resources,

• (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Authority referred to in any—

• (i) special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or

• (ii) other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) In the performance of the duties of the chief executive officer under this section, the chief executive officer shall not question or express an opinion on—

• (a) the merits of any policy of the Government or of a Minister of the Government, or

• (b) the objectives of such a policy.

106. Accountability of chief executive officer to other Oireachtas Committees.

106.— (1) In this section, “committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

• (a) the Committee on Members’ Interests of Dáil Éireann,

• (b) the Committee on Members’ Interests of Seanad Éireann, and

• (c) the Committee referred to in section 105(1),

or a sub-committee of such a committee.

• (2) Subject to subsection (3), the chief executive officer, at the request in writing of a committee, shall attend before it to give account for the general administration of the Authority.

• (3) The chief executive officer is not required to give account before a committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

• (4) Where the chief executive officer is of opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (3) applies—

• (a) he or she shall inform the committee of the opinion and the reasons for it, and

• (b) unless the information is conveyed to the committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

• (5) Where the chief executive officer has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (2) insofar as it relates to a matter the subject of that opinion—

• (a) the chief executive officer, not later than 21 days after being informed by the committee of its decision not to withdraw the request, may apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

• (b) the chairperson of the committee, on behalf of the committee, may make such an application,

and the High Court shall determine the matter.

• (6) Pending determination of an application under subsection (5), the chief executive officer shall not attend before the committee to give account for the matter that is the subject of the application.

• (7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the committee to give account for the matter.

• (8) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

Chapter 3 Accountability, Plans, Reports and Funding

107. Directions to Authority.

107.— (1) The Minister may give general directions in writing to the Authority for any purpose in relation to the provisions of this Act, or any other enactment, and for any matter or thing referred to in this Act—

• (a) as specified or to be specified, or

• (b) as determined or to be determined.

• (2) The Minister may direct the Authority to supply the Minister with information, reports or statistics, in the manner and within the period, both as the Minister may determine, in relation to the performance of the functions assigned by or under this Act to the Authority.

• (3) The Authority shall comply with a direction under subsection (1) or (2) given by the Minister.

108. Corporate plan of Authority.

108.— (1) The Authority shall prepare, adopt and at the times specified in subsection (2), submit to the Minister for approval a corporate plan for the 3 years immediately following the date of its submission.

• (2) A corporate plan shall be submitted at the following times:

• (a) within 6 months of the establishment day;

• (b) within 6 months of the appointment of a new Minister for Health and Children if he or she requests that a new corporate plan be submitted;

• (c) at the end of the 3 year period since the last corporate plan was submitted.

• (3) The corporate plan shall be prepared in a form and manner in accordance with any direction given by the Minister and shall specify—

• (a) the key objectives of the Authority for the 3 year period concerned and the strategies for achieving those objectives, and

• (b) the uses to which the Authority proposes to apply its resources.

• (4) In preparing the corporate plan, the Authority shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Authority.

• (5) Within 3 months of receiving a corporate plan, the Minister shall—

• (a) approve the plan, or

• (b) refuse to approve the plan if the plan is not amended in accordance with any directions that may be given by the Minister to the Authority.

• (6) An approved corporate plan may be amended by the Minister at any time or may be amended by the Authority, but in the latter case only after—

• (a) the Authority submits the proposed amendment to the Minister for approval, and

• (b) the amendment is approved by the Minister.

• (7) Subsections (3) to (6) apply with the necessary modifications in respect of an amendment by the Authority to an approved corporate plan.

• (8) Nothing in a corporate plan is to be taken to prevent the Authority from, or to limit the Authority in, performing its functions.

• (9) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

• (a) within 21 days of the plan being approved by the Minister, and

• (b) if the plan is amended under subsection (6) after being approved by the Minister, within 21 days of—

• (i) in the case of an amendment made by the Minister, the making of the amendment, or

• (ii) in the case of an amendment made by the Authority, the approval of the amendment by the Minister.

• (10) The Authority shall ensure that, as soon as practicable after copies of an approved plan are laid before the Houses of the Oireachtas, the plan is published—

• (a) on the Internet, and

• (b) in accordance with such other arrangements as the Minister may specify.

• (11) The Authority shall provide the Minister with a progress report on the implementation of an approved corporate plan for the Authority in the Authority’s annual report and, at the request of the Minister, at other times that the Minister may specify.

109. Grants to Authority.

109.— The Minister shall advance to the Authority out of moneys provided by the Oireachtas such sum as the Minister may, with the consent of the Minister for Finance, determine for the purposes of expenditure by the Authority in the performance of its functions.

110. Submission of business plan.

110.— (1) The Minister may, at any time before the beginning of a financial year, request the Authority to submit to the Minister a business plan for that financial year, and the Authority shall comply with such a request.

• (2) A business plan shall—

• (a) be prepared in the form and manner and in accordance with any directions given by the Minister,

• (b) indicate the Authority’s activities for the period to which the business plan relates,

• (c) contain estimates of the number of employees of the Authority for the period to which the plan relates,

• (d) contain any other information specified by the Minister, and

• (e) accord with policies and objectives of the Minister and the Government.

• (3) In preparing the business plan, the Authority shall have regard to the corporate plan in operation at that time approved under section 108 and any direction given by the Minister under section 107.

• (4) The Authority shall give effect to the business plan unless the Minister, within 30 days of the submission of the plan, directs the Authority in writing to either amend the plan or not to give effect to it.

• (5) At the same time as giving a direction to the Authority under subsection (4), the Minister shall give his or her reasons in writing for the direction to the Authority.

• (6) The Authority shall comply with a direction under subsection (4).

111. Code of governance.

111.— (1) As soon as practicable after the Authority is established, it shall submit to the Minister for approval a code of governance that includes an outline of—

• (a) the guiding principles applicable to the Authority as a public body having the functions described in section 96,

• (b) the structure of the Authority, including the role and responsibilities of the Authority and the chief executive officer,

• (c) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Authority by or under this Act, and

• (d) the Authority’s internal controls, including its procedures relating to internal audit, risk management, public procurement and financial reporting.

• (2) The Authority shall review the code of governance periodically at the times that may be specified by the Minister and shall revise the code as the Authority considers appropriate.

• (3) In preparing or making revisions to the code of governance, the Authority shall have regard to any direction given by the Minister under section 107.

• (4) Following the Minister’s approval of the code of governance or of any revisions to it, the Authority shall arrange for the publication of the code or the revised code.

• (5) The Authority shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

112. Accounts of Authority.

112.— (1) The chief executive officer shall cause to be kept all proper and usual books or other records of account of—

• (a) all income and expenditure of the Authority,

• (b) the source of the income and the subject matter of the expenditure, and

• (c) the property, assets and liabilities of the Authority.

• (2) Without prejudice to the generality of subsection (1), the chief executive officer shall also keep such special accounts as the Minister may direct.

• (3) The books, records and special accounts kept under this section shall be—

• (a) kept in the form, and

• (b) for the accounting periods,

that the Minister may specify, with the consent of the Minister for Finance.

• (4) The accounts of the Authority prepared by the chief executive officer and approved by the Board shall be submitted to the Comptroller and Auditor General for audit not later than 3 months after the end of the financial year to which the accounts relate.

• (5) Within one month of the Comptroller and Auditor General issuing an audit certificate for the accounts of the Authority, a copy of—

• (a) the accounts, and

• (b) the report of the Comptroller and Auditor General on the accounts,

shall be presented to the Minister who, within 2 months after their receipt, shall cause copies thereof to be laid before each House of the Oireachtas.

• (6) If required by the Minister, the Authority shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of the Authority.

• (7) The Authority, the chief executive officer and other employees of the Authority—

• (a) whenever so requested by the Minister, shall permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period, and

• (b) shall facilitate the examination,

and the Authority shall pay such fee as may be fixed by the Minister for the examination.

Chapter 4 Standards, Codes of Conduct, Disqualification, etc.

113. Standards of integrity.

113.— (1) In performing functions under this or any other enactment as—

• (a) a member of the Authority or a committee of the Authority,

• (b) the chief executive officer or an employee of the Authority,

• (c) a person engaged under section 124 by the Authority as an adviser, or

• (d) an employee of a person referred to in paragraph (c),

a person shall maintain proper standards of integrity, conduct and concern for the public interest.

• (2) Subsection (1) applies to an employee of a person referred to in subsection (1)(c) in respect only of duties of employment relating to the purposes for which the Authority has engaged that person.

114. Codes of conduct.

114.— (1) For the purposes of section 113 (1), the Authority shall issue codes of conduct for the guidance of persons who are—

• (a) members of a committee of the Authority but are not members of the Authority,

• (b) employees of the Authority other than employees to whom a code of conduct under section 10(3) of the Standards in Public Office Act 2001 applies,

• (c) engaged under section 124 by the Authority as advisers, or

• (d) employees of persons referred to in paragraph (c).

• (2) A code of conduct issued under this section for the guidance of persons referred to in subsection (1) shall indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

• (3) A person to whom the code of conduct relates is required to have regard to and be guided by the code in performing functions under this or any other enactment.

• (4) The terms and conditions on which a person is employed by the Authority or by a person referred to in subsection (1) (c) or on which a person is engaged by the Authority as an adviser are deemed to include the requirements that apply to that person under subsection (3).

115. Availability of codes of conduct.

115.— (1) Subject to subsection (2), the Authority, as soon as practicable after issuing a code of conduct, shall make the code available to the persons for whose guidance it was issued.

• (2) A code of conduct for the guidance of employees of a person engaged by the Authority as an adviser shall be issued by the Authority to the employer and shall be made available by the employer to those employees.

• (3) In the absence of evidence to the contrary, a document purporting to be a code of conduct issued under this section—

• (a) is that code of conduct, and

• (b) is admissible in any proceedings before a court or other tribunal,

and any provision of the code of conduct that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by the court or tribunal in determining the question.

116. Gifts.

116.— (1) The Authority may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

• (2) The Authority shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Authority’s—

• (a) functions, or

• (b) obligations,

under this Act or any other enactment.

117. Annual report.

117.— (1) Not later than 30 June in each year, the Authority shall prepare and adopt an annual report in relation to the performance of the Authority’s functions during the immediately preceding calendar year.

• (2) An annual report shall include—

• (a) a statement of the activities undertaken by the Authority,

• (b) a report on the implementation of the Authority’s corporate plan approved under section 108,

• (c) a report on the implementation of the Authority’s business plan submitted to the Minister under section 110,

• (d) a report on the Authority’s arrangements for implementing and maintaining adherence to its code of governance,

• (e) other particulars that the Authority considers appropriate or as the Minister may specify, including but not limited to financial statements,

• (f) the number of applications for adoption and the decisions of the Authority thereon,

• (g) the names of the accredited bodies concerned in the applications,

• (h) the number of applications for registration of accredited bodies and the decisions of the Authority thereon, and

• (i) the name and address—

• (i) of each of the accredited bodies entered in the register of accredited bodies, and

• (ii) of each of the accredited bodies whose name was removed from the register,

during the immediately preceding year.

• (3) As soon as may be, but in any event not later than 21 days after adopting the annual report, the Authority shall submit a copy of the annual report to the Minister.

• (4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas within 21 days of the Minister receiving the report.

• (5) The Authority shall ensure that the annual report is published—

• (a) on the Internet, and

• (b) in accordance with any other arrangements that the Minister may specify,

as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.

118. Information to be furnished to Minister and Authority’s discretion to publish other reports.

118.— (1) The Authority, whenever requested by the Minister, shall furnish to the Minister any information that the Minister may require relating to the policies and activities of the Authority.

• (2) The Authority, as it considers relevant and appropriate, may publish reports in addition to the annual report on matters related to the Authority’s activities and functions.

119. Prohibition against unauthorised disclosure of confidential information.

119.— (1) In this section “confidential information” means—

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

• (b) proposals of a commercial nature or tenders submitted to the Authority by any person.

• (2) Except in the circumstances specified in subsection (3), a person shall not disclose confidential information obtained while performing functions as—

• (a) a member of the Authority or a committee of the Authority,

• (b) the chief executive officer or any other employee of the Authority,

• (c) a person engaged by the Authority as an adviser, or

• (d) an employee of a person referred to in paragraph (c).

• (3) A person does not contravene subsection (2) by disclosing confidential information if the disclosure—

• (a) is made to or authorised by the Authority,

• (b) is made to the Minister by or on behalf of the Authority or in compliance with this Act, or

• (c) is required by law.

120. Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority.

120.— The chief executive officer immediately ceases to hold office on—

• (a) being nominated as a member of Seanad Éireann,

• (b) being elected as a member of either House of the Oireachtas or of the European Parliament,

• (c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

• (d) becoming a member of a local authority.

121. Secondment of employees resulting from membership of either House of Oireachtas, European Parliament or local authority.

121.— (1) An employee of the Authority (other than the chief executive officer) is immediately seconded from employment with the Authority on—

• (a) being nominated as a member of Seanad Éireann,

• (b) being elected as a member of either House of the Oireachtas or of the European Parliament,

• (c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

• (d) becoming a member of a local authority.

• (2) No remuneration or allowances are payable by the Authority in respect of the secondment period from employment under subsection (1) and that period is not to be counted as service with the Authority for the purposes of any superannuation benefit.

• (3) In relation to a person seconded under subsection (1) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas, a member of the European Parliament or a member of a local authority, as the case may be.

Chapter 5 Employees of Authority, etc.

122. Employees of Authority.

122.— (1) The Authority, subject to subsections (2) and (3), may appoint persons to be the Authority’s employees and may determine their duties.

• (2) Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

• (3) Subsection (2) does not apply to employees appointed under this section during the 3 months beginning on the establishment day or during a shorter period that the Minister may specify.

• (4) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, shall determine—

• (a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and

• (b) the grades of the employees of the Authority and the numbers of employees in each grade.

• (5) A person is not eligible for appointment as an employee of the Authority if the person is—

• (a) a member of either House of the Oireachtas or of the European Parliament,

• (b) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or

• (c) a member of a local authority.

• (6) The remuneration and allowances of the Authority’s employees are payable by the Authority to the employees out of funds at the Authority’s disposal.

123. Superannuation.

123.— (1) In this section, “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

• (2) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such employees of the Authority as it may think fit.

• (3) 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 terms may be fixed in respect of different classes of persons.

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

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

• (6) No superannuation benefit shall be granted by the Authority, nor shall any other arrangements be entered into by the Authority for the provision of such a benefit, to or in respect of an employee, otherwise than—

• (a) in accordance with a scheme under this section, or

• (b) with the consent of the Minister and the Minister for Finance.

• (7) Each scheme made under this section shall make provision for appeals.

• (8) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons who transferred to the Authority under section 137 shall be no less favourable than those terms and conditions to which those persons were entitled immediately before their transfer.

• (9) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the Authority under section 137—

• (a) the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the transfer, and

• (b) the person’s pensionable service with the Authority shall be aggregated with the person’s previous pensionable service and the benefit, as so calculated, shall be paid by the Authority.

• (10) 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 anything done previously.

124. Advisers.

124.— (1) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, may engage such advisers as the Authority considers necessary for the performance of its functions.

• (2) Any fees due to an adviser engaged under this section are payable by the Authority out of funds at the Authority’s disposal.

PART 13 Registration of Accredited Bodies

Chapter 1 Arrangements for Adoption

125. Restrictions on making arrangements for adoption.

125.— (1) A person shall not—

• (a) make or attempt to make an arrangement for the adoption of a child,

• (b) for the purpose of having a child adopted—

• (i) retain the child in the person’s custody, or

• (ii) arrange to have the child retained in the custody of another person, or

• (c) take part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for adoption.

• (2) A person shall not give a child, or cause a child to be given, to another person for the purpose of having the child adopted unless—

• (a) the first-mentioned person is a parent of the child, and

• F98[(b) the person who intends to adopt the child is—

• (i) a parent of the child,

• (ii) a relative of the child,

• (iii) the spouse of the parent of a child,

• (iv) the civil partner of the parent of a child, or

• (v) the cohabitant of a parent of the child, where the cohabitant and that parent are a cohabiting couple.]

• F99[(3) A person shall not receive a child for the purpose of adopting the child unless the person is—

• (a) a parent of the child,

• (b) a relative of the child,

• (c) the spouse of a parent of the child,

• (d) the civil partner of a parent of the child,

• (e) the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple, or

• (f) a person with whom a child is placed by an accredited body or the Child and Family Agency.]

• (4) Notwithstanding subsections (1) and (2), the F100[Child and Family Agency] may carry out any of the activities described in those subsections.

• (5) Notwithstanding subsections (1) and (2), an accredited body may carry out any of the activities described in those subsections in respect of which the accredited body is registered in the register of accredited bodies.

• (6) Notwithstanding subsection (1)(a), a person may carry out an activity described in paragraph (g), (h) or (i) of section 4 so long as that person is not also carrying out an activity described in paragraphs (a) to (f), (j) or (k) of that section or any of the activities described in section 5.

Chapter 2 Register of Accredited Bodies

126. Register of accredited bodies.

126.— (1) The Adoption Societies Register kept under section 35 of the Adoption Act 1952 by An Bord Uchtála is continued in being and, on and after the establishment day, is to be—

• (a) known as the register of accredited bodies, and

• (b) kept and maintained under this Act by the Authority.

• (2) Entries in the register of accredited bodies shall be in the form and contain the particulars required under section 127.

• (3) The register of accredited bodies shall be made available for inspection by any person at all reasonable times.

• (4) Every document purporting to be a copy of or extract from an entry in the register of accredited bodies and purporting to be certified by the chief executive officer to be a true copy of or extract from the register of accredited bodies shall—

• (a) be received in evidence in any legal proceedings, and

• (b) until the contrary is proved, be deemed to be a true copy of or extract from such entry, and to be evidence of such entry,

without proof of the signature of the chief executive officer.

127. Registration of accredited bodies.

127.— (1) Subject to this section, the Authority shall enter in the register of accredited bodies—

• (a) the name of any body of persons that applies to be registered and furnishes to the Authority such information as the Authority considers necessary to determine if the body of persons is entitled to be registered,

• (b) particulars of the activity or activities in respect of which the body of persons is registered, and

• (c) particulars of the state or states of origin to which the registration relates in any case where the registration of the body of persons is for any such activity or activities related to the adoption or maintenance of a child whose state of origin is—

• (i) another contracting state, or

• (ii) a state that has a bilateral agreement with the State.

• (2) The Authority shall not register in the register of accredited bodies any body of persons in respect of any activity or activities unless satisfied that the body of persons meets the requirements prescribed for the time being under section 151 in respect of that activity, those activities or any combination of those activities.

• (3) The Authority may refuse to register in the register of accredited bodies any body of persons in respect of any activity or activities—

• (a) if that body of persons does not meet the requirements referred to in subsection (2) that are applicable to that body of persons, or

• (b) if it appears to the Authority that any person who—

• (i) takes part in the management or control of the body of persons, or

• (ii) is engaged on behalf of the body of persons in connection with that activity,

is not a fit and proper person to act in that regard.

• (4) A body of persons that is registered in the register of accredited bodies in respect of—

• (a) one or more of the activities specified in paragraphs (e) to (g) of section 4, or

• (b) an activity specified in section 5 (b),

is disqualified for registration in respect of any other activity.

• (5) On registering a body of persons in the register of accredited bodies, the Authority shall issue to the body of persons a certificate of registration specifying—

• (a) the activity or activities for which that body of persons is registered, and

• (b) if the body of persons is registered for any activity or activities specified in section 4 or 5 related to the adoption or maintenance of a child whose state of origin is—

• (i) another contracting state, or

• (ii) a state that has a bilateral agreement with the State,

the state or states of origin to which the registration relates.

• (6) Notwithstanding any other provision of this section, the Authority—

• (a) under Article 12 (which relates to when an accredited body in one contracting state may act in another), may authorise an accredited body to act in another state, and

• (b) subject to any applicable provision of a bilateral agreement, may authorise an accredited body to act in a state that has entered into a bilateral agreement with the State.

128. Renewal of registration.

128.— (1) Subject to section 130, the period of registration of an accredited body is 5 years from the date of registration.

• (2) Subject to any regulations made under section 151, an accredited body may apply for renewal of registration for further periods, each of which shall not exceed 3 years.

• (3) An accredited body shall furnish to the Authority such information as the Authority considers necessary to determine whether the registration of the body should be renewed.

• (4) Subsections (2), (3) and (4) of section 127 apply in relation to an application for renewal of registration as those subsections apply in relation to an application for registration.

• (5) A term of renewal of registration, including a renewal pursuant to an application for renewal of registration referred to in section 129, takes effect from the expiry of the previous registration.

129. Cancellation of registration for failure to apply for renewal.

129.— (1) If an accredited body does not apply for renewal of registration when it is required by section 128 to do so, the Authority shall inform the accredited body by notice in writing that its registration will be cancelled one month after the date of the notice unless an application for renewal of registration is received within that month.

• (2) If the accredited body does not apply for renewal of registration within one month of the date of the notice under subsection (1), the Authority shall cancel the body’s registration.

130. Cancellation of registration for other reasons.

130.— The Authority may cancel the registration of an accredited body in respect of any or all of the activities for which it is registered if—

• (a) there are grounds on which the Authority would be entitled or required to refuse an application for the registration of the accredited body,

• (b) it appears to the Authority that this Act is not, or the regulations under section 151 are not, being complied with by the accredited body, or

• (c) an offence under this Act is committed by the accredited body or by any person acting on its behalf.

131. Amendment of registration.

131.— The Authority may amend an entry in the register of accredited bodies relating to an accredited body if the Authority considers the amendment necessary or desirable in the circumstances.

132. Duty to notify of registration decisions.

132.— (1) Where the Authority proposes in respect of an activity to—

• (a) refuse to register an applicant in the register of accredited bodies,

• (b) refuse to renew the registration of an accredited body,

• (c) amend the registration of an accredited body, or

• (d) cancel the registration of an accredited body,

in respect of that activity, the Authority shall give written notice to the applicant or the accredited body concerned of the proposal and of the reasons for it.

• (2) The notice of the Authority’s proposal shall include a statement that the applicant or accredited body concerned may make representations in writing to the Authority within 21 days of receiving the notice.

• (3) The Authority—

• (a) before any decision on a proposal of which notice is given under subsection (1), shall take into consideration any representations made to the Authority by the applicant or accredited body concerned within the 21 days referred to in subsection (2), and

• (b) on carrying out the proposal, shall give written notice to the applicant or accredited body of the Authority’s decision and of the reasons for the decision.

• (4) The notice of the Authority’s decision shall include a statement that the applicant or accredited body concerned may appeal the decision to the District Court within 21 days of receiving the notice.

133. Accredited bodies to furnish information to Authority and permit inspection of their records.

133.— An accredited body, every officer of the accredited body and every other person taking part in its management or control shall—

• (a) furnish the Authority with such information as the Authority may from time to time by notice in writing require with regard to the accredited body’s constitution, membership, employees, organisation and activities, and

• (b) at all reasonable times permit a member or employee of the Authority authorised by the Authority to inspect and make copies of all books and documents relating to adoption that are under the control of the accredited body.

134. Notices in Iris Oifigiúil of registration and cancellation.

134.— The Authority shall cause to be published in Iris Oifigiúil a notice in the prescribed form of every registration and cancellation of registration in the register of accredited bodies.

Chapter 3 Appeals Respecting Registration of Accredited Bodies

135. Appeals from decisions relating to registration.

135.— (1) Any body of persons may appeal to the District Court against a decision of the Authority under section 132, in respect of an activity—

• (a) to refuse to register in the register of accredited bodies that body of persons,