Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

PART 1 Preliminary and General

1.. Short title, collective citations and construction

1. (1) This Act may be cited as the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019.

(2) The Health Acts 1947 to 2018 and Part 2 may be cited together as the Health Acts 1947 to 2019.

(3) The Industrial Development Acts 1986 to 2014 and Part 3 may be cited together as the Industrial Development Acts 1986 to 2019.

(4) The Social Welfare Acts and Part 11 shall be construed together as one Act.

(5) The Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012 and Part 12 may be cited together as the Protection of Employees (Employers’ Insolvency) Acts 1984 to 2019 and shall be construed together as one Act.

(6) The Extradition Acts 1965 to 2012 and Part 13 may be cited together as the Extradition Acts 1965 to 2019.

2.. Commencement

2. (1) (a) Parts 1 and 15 shall come into operation on such day or days as the Minister for Foreign Affairs and Trade may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(b) Part 2 shall come into operation on such day or days as the Minister for Health may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(c) Part 3 shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(d) Part 4 shall come into operation on such day or days as the Minister for Communications, Climate Action and Environment may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(e) Part 5 shall come into operation on such day or days as the Minister for Education and Skills may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(f) Parts 6, 7 and 8 shall come into operation on such day or days as the Minister for Finance may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(g) Parts 9 and 10 shall come into operation on such day or days as the Minister for Transport, Tourism and Sport may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(h) Parts 11 and 12 shall come into operation on such day or days as the Minister for Employment Affairs and Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(i) Parts 13 and 14 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(2) A power under this section to appoint a day on which a Part (or a provision thereof) shall come into operation, whether generally or otherwise, includes a power to appoint a particular time, on a particular day, at which the Part (or provision thereof) shall come into operation, whether generally or otherwise, and, accordingly, where a time is so appointed, the Part concerned (or provision thereof) shall come into operation at that time, whether generally or otherwise.

3.. Expenses

3. The expenses incurred by the Minister for Foreign Affairs and Trade in the administration of this Act, and by any other Minister of the Government in the administration of any other Act in so far as that other Act is amended by this Act, shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Arrangements in relation to health services

4.. Arrangements in relation to health services

4. The Health Act 1970 is amended by the insertion of the following Part after Part IV:

“PART IVA

Arrangements in relation to health services

Arrangements in relation to health services

75A. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to continue in being or carry out any reciprocal or other arrangements in relation to health services which were in operation between the State and the United Kingdom immediately before the withdrawal of the United Kingdom from membership of the European Union.

(2) An order under subsection (1) may specify—

(a) the category or categories of persons to whom the order applies, and

(b) the category or categories of health services to which the order applies.

(3) When making an order under subsection (1) the Minister shall have regard to the following:

(a) the policies and objectives of the Government to enable arrangements in relation to health services to be maintained after the withdrawal of the United Kingdom from membership of the European Union;

(b) the desirability, in the public interest, of preserving existing arrangements in relation to access to health services in the United Kingdom, in particular the desirability of maintaining access to medically necessary health services;

(c) the need to ensure the most beneficial, effective and efficient use of resources;

(d) the policies and objectives of the Government to protect and improve the health and welfare of the public.

(4) In this section, ‘arrangements in relation to health services’ means arrangements between the State and the United Kingdom in respect of the provision of—

(a) access to health services in the State, and

(b) reciprocal access to health services in the United Kingdom.

Regulations to give full effect to this Part

75B. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, and having regard to the matters specified in section 75A(3), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:

(a) the arrangements that shall apply with regard to assessing such classes of persons, including persons residing outside the State, as may be specified, in relation to access to health services in the State;

(b) the arrangements that shall apply with regard to assessing, where appropriate (including by reference to such qualifying criteria as may be specified) such classes of persons, as may be specified, in relation to access to planned health services in the United Kingdom;

(c) the arrangements to be administered by the Health Service Executive to ensure access to planned health services in the United Kingdom;

(d) the arrangements to be administered by the Health Service Executive to ensure access to health services in the State by persons from the United Kingdom;

(e) the duties on healthcare providers and healthcare professionals to provide such information as may be prescribed in relation to the health services that they provide to persons from the United Kingdom;

(f) the method by which payments in respect of health services provided in the United Kingdom are to be calculated and the manner in which such payments will be made by the Health Service Executive to the United Kingdom;

(g) the charging by the Health Service Executive for the provision of health services provided in the State to persons from the United Kingdom and the method in relation to which charges for such health services will be calculated and levied;

(h) the manner in which payments in respect of charges referred to in paragraph (g) shall be made to the State by individuals and by the United Kingdom;

(i) the method by which payments are to be made by the State in respect of health services provided in the United Kingdom and the manner in which such payments will be made by the State to the United Kingdom;

(j) the method by which charges are to be levied by the State on the United Kingdom in respect of health services provided by or on behalf of the Health Service Executive in the State and the manner in which payments will be made by the United Kingdom to the State;

(k) the class or classes of persons in respect of whom payments will be made by the State or the United Kingdom, including the methodology used to estimate the number of persons concerned;

(l) the category or categories of health services in respect of which payments or provision may be made;

(m) the arrangements that shall apply with regard to payments to be made by the State to the United Kingdom and with regard to payments to be made by the United Kingdom to the State, including the methodology for calculating costs and the levels of reimbursement;

(n) the basis on which the Health Service Executive may reimburse persons in respect of the cost of health services received and paid for by those persons in the United Kingdom;

(o) such forms as may be necessary for the purposes of paragraphs (a) to (n);

(p) such other related, ancillary, transitional or consequential matters as the Minister considers appropriate.

(2) Regulations under subsection (1) may—

(a) apply either generally or to a specified class or classes of persons,

(b) apply either generally or to a specified class or classes of health services, and

(c) make such adaptations and modifications to the Health Acts 1947to2019 or any regulations made under those Acts as the Minister considers necessary for the purpose of bringing those Acts or regulations into conformity with this Part.

(3) A person who contravenes a provision of regulations made under subsection (1) that is declared in the regulations to be a penal provision shall be guilty of an offence and shall be liable—

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or both, or

(b) on conviction on indictment to a fine not exceeding €300,000 or to imprisonment for a term not exceeding one year or both.

Authorised officers

75C. An authorised officer appointed under Regulation 16 (inserted by Regulation 7 of the European Union (Application of Patients’ Rights in Cross-Border Healthcare) (Amendment) Regulations 2015 (S.I. No. 65 of 2015)) of the European Union (Application of Patients’ Rights in Cross-Border Healthcare) Regulations 2014 (S.I. No. 203 of 2014) shall be deemed to be an authorised officer for the purposes of any regulations made under section 75B and Regulation 17 of those Regulations shall apply, for the purposes of any regulations made under section 75B, as if references in the said Regulation 17 to ‘these Regulations’ and ‘this Regulation’ were references to regulations made under section 75B and with any other necessary modifications.

Orders and regulations

75D. Every order and regulation under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

PART 3 Amendment of Industrial Development Acts 1986 to 2014

5.. Definition (Part 3)

5. F1[…]

6.. Amendment of Act of 1986

6. F2[…]

7.. Amendment of Industrial Development (Enterprise Ireland) Act 1998

7. F3[…]

8.. Report on the provision of supports to maintain and grow employment

8. F4[…]

PART 4 Arrangements in relation to Electricity and Fluorinated Greenhouse Gases

Chapter 1

9.. Supplementary power to modify licence conditions

9. The Electricity Regulation Act 1999 is amended by the insertion of the following section after section 14A:

“14B. (1) Notwithstanding sections 8A(4) and 14(6)(a), and any terms and conditions that may apply to a licence, the Commission may modify a condition of a licence where, in consequence of the withdrawal of the United Kingdom from membership of the European Union, the Commission considers it necessary or expedient to do so in order for the State to continue to comply with—

(a) the European Union rules for cross-border trade in electricity contained within or adopted pursuant to the Electricity Market Regulation as amended from time to time and as supplemented by—

(i) network codes established under Article 6 of that Regulation, and

(ii) guidelines adopted under Article 18 of that Regulation,

or

(b) the Electricity Market Directive.

(2) The power to modify under subsection (1) includes the power to make incidental or consequential modifications.

(3) Before a modification is made under subsection (1), the Commission shall consult—

(a) the holder of the licence concerned,

(b) the Authority, and

(c) such other persons as the Commission considers appropriate.

(4) The Commission shall, as soon as practicable after a modification has been made under subsection (1)—

(a) notify the parties consulted under subsection (3), and

(b) publish the modification on the Commission’s website and in such other manner as the Commission considers appropriate.

(5) The power to modify under subsection (1) may not be exercised after the end of the period of 1 year from the time at which Chapter 1of Part 4 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 comes into operation.

(6) Sections 19 to 22 and 29 to 31 shall not apply to a modification under subsection (1).”.

Chapter 2

10.. Interpretation

10. In this Chapter—

“Agency” means the Environmental Protection Agency;

“equivalent certificate” means an equivalent certificate referred to in paragraph (a), (b), (c) or (d) of section 11(1) or paragraph (a) or (b) of section 12(1);

“equivalent training attestation” means an equivalent attestation referred to in paragraph (e) of section 11(1);

“Minister” means the Minister for Communications, Climate Action and Environment;

“relevant date” means the date of the withdrawal of the United Kingdom from membership of the European Union.

11.. Equivalent certification, equivalent training attestation relating to individuals

11. (1) (a) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 5 of Commission Regulation (EC) No 304/2008 of 2 April 2008^1 in respect of an activity referred to in Article 2(1) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

(b) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 3 of Commission Regulation (EC) No 306/2008 of 2 April 2008^2 in respect of an activity referred to in Article 1 of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

(c) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 3 of Commission Implementing Regulation (EU) 2015/2066 of 17 November 2015^3 in respect of an activity referred to in Article 1 of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

(d) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 4 of Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015^4 in respect of an activity referred to in Article 2(1) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

(e) An individual who, immediately before the relevant date holds a valid training attestation issued by an attestation body in the United Kingdom under Article 3 of Commission Regulation (EC) No 307/2008 of 2 April 2008^5 in respect of an activity referred to in Article 1 of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent training attestation.

(2) An individual who holds an equivalent certificate or equivalent training attestation may carry out the activity to which the equivalent certificate or equivalent training attestation relates until the date that is 6 months from the relevant date or the date on which a certificate or training attestation is issued by the Agency under subsection (3), whichever is earlier.

(3) An individual who holds an equivalent certificate or equivalent training attestation shall apply to the Agency not later than 4 months after the relevant date for the issue by it of a certificate or training attestation in respect of the activity to which the equivalent certificate or training attestation relates and such certificate or training attestation shall, subject to subsection (4), be issued by the Agency not later than 6 months after the relevant date.

(4) The Agency shall issue a certificate or training attestation where an application is made in accordance with the procedures established by the Agency in that behalf.

12.. Equivalent certification relating to companies

12. (1) (a) A company which, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 8 of Commission Regulation (EC) No 304/2008 of 2 April 2008^6 in respect of an activity referred to in Article 2(2) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.