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

• (2) The operator of a relevant arrangement shall, not later than 3 months from the date on which the operator becomes aware that this section applies to the arrangement, notify the Bank and the Minister that this section so applies.

• (3) Where the Minister receives a notification under subsection (2), he or she shall notify the European Securities and Markets Authority of—

• (a) the receipt of the notification, and

• (b) the name of the operator of the relevant arrangement concerned.

• (4) The Minister may issue a notice (in this section referred to as a “withdrawal notice”) in respect of a relevant arrangement where the Bank has notified the Minister that the Bank is not satisfied that—

• (a) the rules of the arrangement would, if the arrangement were a system, comply with Regulation 7 of the Regulations of 2010, or

• (b) the laws of the United Kingdom applicable to the matters to which the Settlement Finality Directive applies are equivalent to the laws of the State applicable to those matters.

• (5) This section shall cease to apply to a relevant arrangement on the date that is the earliest of—

• (a) the date on which the Bank issues a withdrawal notice in respect of the arrangement,

• (b) the date that is 9 months from the relevant date, and

• (c) the date on which there ceases to be an Irish participant in the arrangement.

70. Designation of relevant arrangement

70. (1) This section applies to a relevant arrangement where—

• (a) the arrangement is governed by the laws of the United Kingdom,

• (b) there is a designation notice in effect in relation to that arrangement, and

• (c) one or more of the participants in the arrangement is an Irish participant.

• (2) The Minister may issue a notice (in this section referred to as a “designation notice”) in respect of a relevant arrangement where the Bank has notified the Minister that the Bank is satisfied that—

• (a) the rules of the arrangement would, if the arrangement were a system, comply with Regulation 7 of the Regulations of 2010, and

• (b) the laws of the United Kingdom applicable to the matters to which the Settlement Finality Directive applies are equivalent to the laws of the State applicable to those matters.

• (3) The Minister may issue a notice (in this section referred to as a “withdrawal notice”) in respect of a relevant arrangement where the Bank has notified the Minister that the Bank is no longer satisfied that—

• (a) the rules of the arrangement would, if the arrangement were a system, comply with Regulation 7 of the Regulations of 2010, or

• (b) the laws of the United Kingdom applicable to the matters to which the Settlement Finality Directive applies are equivalent to the laws of the State applicable to those matters.

• (4) A designation notice shall—

• (a) have effect in relation to a relevant arrangement from the date of issue of the notice, and

• (b) cease to have effect in relation to a relevant arrangement on the date immediately following the date on which a withdrawal notice is issued in respect of the arrangement.

• (5) Where the rules of a relevant arrangement in relation to which a designation notice has effect are amended or revoked, the operator of that arrangement shall, not later than 14 days from the date of that amendment or revocation, as the case may be, notify the Bank in writing that those rules have been amended or revoked, as the case may be.

• (6) Where an operator of the relevant arrangement in relation to which a designation notice has effect becomes aware that the laws of the United Kingdom applicable to the matters to which the Settlement Finality Directive applies are not equivalent to the laws of the State applicable to those matters, the operator shall, not later than 14 days from the date on which it becomes so aware, notify the Bank in writing that it has become so aware.

• (7) Where the Minister issues a designation or withdrawal notice he or she shall notify the European Securities and Markets Authority of—

• (a) the issue of the notice, and

• (b) the name of the operator of the relevant arrangement to which the notice relates.

71. Rules applicable to arrangement to which section 69 or 70 applies

71. (1) The Regulations of 2010, as modified in accordance with subsection (2), shall apply to a relevant arrangement to which section 69 or 70 applies as if the arrangement were a system designated by the Minister under Regulation 4(1) of those Regulations.

• (2) For the purposes of the application of the Regulations of 2010 in accordance with subsection (1), those Regulations shall be modified as follows:

• (a) the definition of “central bank” in Regulation 2(1) shall be construed as if“ or the United Kingdom” were inserted after “of a Member State”;

• (b) the definition of “system” in Regulation 2(1) shall be construed as if the following subparagraph were substituted for subparagraph (c) of that definition:

• “(c) governed by the law of a country, chosen by the participants, that is a Member State or the United Kingdom (being a country in which at least one of those participants has its head office),”;

• (c) Regulation 11 shall be construed as if the following paragraph were substituted for paragraph (3):

• “(3) If—

  • (a) securities are provided as collateral security to any one or more of a participant, a system operator or a central bank, and

  • (b) the right of the participant, system operator or central bank with respect to the securities is legally recorded in a register, account or centralised deposit system located in a Member State or in the United Kingdom,

  the law of that Member State or the United Kingdom, as the case may be, governs the determination of the rights of the participant or central bank as a holder of collateral security in relation to those securities.”.

PART 8 Financial Services: Amendment of European Union (Insurance and Reinsurance) Regulations 2015 and European Union (Insurance Distribution) Regulations 2018

72. Interpretation (Part 8)

72. In this Part—

“Regulations of 2015” means the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015);

“Regulations of 2018” means the European Union (Insurance Distribution) Regulations 2018 (S.I. No. 229 of 2018).

73. Amendment of Regulations of 2015

73. The Regulations of 2015 are amended by the insertion of the following regulations after Regulation 13:

“Conditions for application of Regulation 13B

13A. (1) This Regulation applies to a person who satisfies the following conditions:

• (a) the person was, immediately before the relevant date, authorised as an insurance undertaking, within the meaning of the Directive, under the law of the United Kingdom or Gibraltar giving effect to the Directive;

• (b) the person has, before the relevant date—

  • (i) established a branch and started business in the State, or

  • (ii) pursued business in the State under the freedom to provide services,

  in accordance with Chapter VIII of Title I of the Directive;

• (c) the person—

  • (i) on or before the relevant date, ceased to conduct new insurance contracts in the State, and

  • (ii) after that date, exclusively administers its existing portfolio in order to terminate its activity in the State;

• (d) the person complies with the general good requirements.

• (2) This paragraph applies where the Bank has decided it is satisfied that a person—

  • (a) satisfying the condition described in subparagraph (a) of paragraph (1), and

  • (b) satisfying either of the conditions described in subparagraph (b) of that paragraph,

  has, after the relevant date—

  - (i) carried on any insurance business in the State, other than the administration of its existing portfolio in order to terminate its activity in the State,
  
  - (ii) permanently ceased to carry on insurance business in the State, having completed the administration of its existing portfolio in order to terminate its activity in the State,
  
  - (iii) failed to make sufficient progress towards permanently ceasing to carry on insurance business in the State by the date that is 3 years from the relevant date, or
  
  - (iv) failed to comply with the general good requirements.
  

• (3) Where paragraph (2) applies, the Bank may issue a notification (in this Regulation referred to as a ‘withdrawal notification’) to the person concerned stating that it is satisfied that subparagraph (i), (ii), (iii) or (iv), as the case may be, of that paragraph applies to that person.

• (4) A decision of the Bank under paragraph (2) is an appealable decision for the purposes of Part VIIA of the Central Bank Act 1942.

• (5) A person to whom this Regulation applies shall, not later than 3 months from the relevant date, notify the Bank of the application of this Regulation to that person.

• (6) This Regulation shall cease to apply to a person on the date that is the earlier of—

  • (a) the date on which the Bank issues a withdrawal notification to the person, and

  • (b) the date that is 3 years from the relevant date.

• (7) In this Regulation—

‘general good requirements’ means the conditions under which, in the interest of the general good, insurance business shall be carried on in the State, as published by EIOPA and the Bank from time to time;

‘relevant date’ shall—

- (a) subject to subparagraph (b), be construed as a reference to the date on which *Part 8* of the *Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019* comes into operation, or

- (b) where a time on a particular date is appointed as the time (on that date) at which that Part shall come into operation, be deemed to be a reference to that time.

  **Regulations applicable to a person to whom Regulation 13A applies**

  **13B.** (1) These Regulations shall, subject to the modifications specified in paragraph (2), apply to a person to whom Regulation 13A applies as if the person were an insurance undertaking holding an authorisation under these Regulations, issued by the Bank, permitting the person to administer its existing portfolio in order to terminate its activity in the State, but not permitting the person to carry on any other insurance business in the State.

• (2) The modifications referred to in paragraph (1) are as follows:

  • (a) the following provisions shall not apply:

    • (i) Regulations 13 to 15;

    • (ii) Regulation 17;

    • (iii) Regulations 21 to 24;

    • (iv) Regulation 33;

    • (v) Regulations 35 to 42;

    • (vi) Regulations 44 to 75;

    • (vii) Regulations 78 to 143;

    • (viii) Regulations 145 to 150;

    • (ix) Regulation 152;

    • (x) Regulations 154 to 163;

    • (xi) Regulations 166 and 167;

    • (xii) Regulation 169;

    • (xiii) Regulations 171 to 173;

    • (xiv) Regulations 175 to 188;

    • (xv) Regulations 192 and 193;

    • (xvi) Regulations 212 and 213;

    • (xvii) Regulations 215 to 278;

    • (xviii) Regulations 280 to 299;

    • (xix) Parts 1 to 4 of Schedule 3;

  • (b) the Bank may, in writing, impose, on a person to whom these Regulations apply in accordance with paragraph (1), conditions in relation to the operation or termination, or both the operation and termination, of that person’s insurance business and a condition so imposed shall be treated for the purposes of the application of these Regulations in accordance with that paragraph as if it were a condition imposed under Regulation 26.”.

74. Amendment of Regulations of 2018

74. The Regulations of 2018 are amended by the insertion of the following regulations after Regulation 3:

“Conditions for application of Regulation 3B

3A. (1) This Regulation applies to a person who satisfies the following conditions:

• (a) the person was, immediately before the relevant date, registered in the United Kingdom or Gibraltar under the law of the United Kingdom or Gibraltar, as the case may be, giving effect to the Directive of 2016;

• (b) the person has, before the relevant date—

  • (i) established a branch and commenced insurance distribution business in the State, or

  • (ii) commenced insurance distribution business in the State under the freedom to provide services,

  in accordance with Chapter III of Title I of the Directive of 2016;

• (c) the person does not, after the relevant date, carry on any insurance distribution business in the State, other than the administration of insurance contracts entered into on or before that date;

• (d) the person complies with the general good rules.

• (2) This paragraph applies where the Bank has decided it is satisfied that a person—

  • (a) satisfying the condition described in subparagraph (a) of paragraph (1), and

  • (b) satisfying either of the conditions described in subparagraph (b) of that paragraph,

  has, after the relevant date—

  - (i) carried on any insurance distribution business in the State, other than the administration of insurance contracts entered into on or before that date,
  
  - (ii) permanently ceased to carry on insurance distribution business in the State, having completed the administration of insurance contracts entered into on or before that date,
  
  - (iii) failed to make sufficient progress towards permanently ceasing to carry on insurance distribution business in the State by the date that is 3 years from the withdrawal date, or
  
  - (iv) failed to comply with the general good rules.
  

• (3) Where paragraph (2) applies, the Bank may issue a notification (in this Regulation referred to as a ‘withdrawal notification’) to the person concerned stating that it is satisfied that subparagraph (i), (ii), (iii) or (iv), as the case may be, of that paragraph applies to that person.

• (4) A decision of the Bank under paragraph (2) shall be an appealable decision for the purpose of Part VIIA of the Central Bank Act 1942.

• (5) A person to whom this Regulation applies shall, not later than 3 months from the relevant date, notify the Bank of the application of this Regulation to that person.

• (6) This Regulation shall cease to apply to a person on the date that is the earlier of—

  • (a) the date on which the Bank issues a withdrawal notification to the person, and

  • (b) the date that is 3 years from the relevant date.

• (7) In this Regulation and Regulation 3B, ‘relevant date’ shall—

  • (a) subject to subparagraph (b), be construed as a reference to the date on which Part 8 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 comes into operation, or

  • (b) where a time on a particular date is appointed as the time (on that date) at which that Part shall come into operation, be deemed to be a reference to that time.

  Regulations applicable to a person to whom Regulation 3A applies

  3B. (1) These Regulations shall, subject to the modifications specified in paragraph (2), apply to a person to whom Regulation 3A applies as if the person were granted a registration by the Bank subject to the condition that the person shall not carry on any insurance distribution business in the State other than the administration of insurance contracts entered into on or before the relevant date.

• (2) The modifications referred to in paragraph (1) are as follows:

  • (a) the following provisions shall not apply:

    • (i) Regulations 8 to 12;

    • (ii) Regulations 14 to 19;

    • (iii) Regulations 25 to 28;

    • (iv) Regulation 48;

  • (b) the Bank may, in writing—

    • (i) impose, on a person to whom these Regulations apply in accordance with paragraph (1), conditions in relation to the operation or termination, or both the operation and termination, of that person’s insurance distribution business, and

    • (ii) vary or revoke such conditions.

• (3) A decision of the Bank to impose, vary or revoke a condition pursuant to paragraph (2)(b) shall be an appealable decision for the purpose of Part VIIA of the Central Bank Act 1942.”.

PART 9 Amendment of Harbours Act 1996

75. Definition (Part 9)

75. In this Part, “Act of 1996” means the Harbours Act 1996.

76. Amendment of section 72 of Act of 1996

76. Section 72 of the Act of 1996 is amended—

• (a) in subsection (1)(b)—

• (i) by the substitution of “the person is, at the time of the making of the application—” for “the person is—”,

• (ii) by the deletion, in subparagraph (i), of “subsisting”, and

• (iii) by the deletion, in subparagraph (ii), of “subsisting”,

• (b) in subsection (1)(c), by the substitution of “the person is, at the time of the making of the application, the holder of a certificate of competency which—” for “the person is the holder of a subsisting certificate of competency which—”,

• (c) in subsection (3), by the substitution of “3 years” for “1 year”, and

• (d) in subsection (4), by the substitution of the following paragraph for paragraph (a):

• “(a) A company which has granted a pilotage exemption certificate under subsection (1) may, in accordance with any bye-laws made by it under section 71 relating to renewal of such certificates, renew it and, for this purpose—

  • (i) a reference to an application under subsection (1) includes an application for renewal, and

  • (ii) such an application may be made at any time prior to the expiration of the pilotage exemption certificate.”.

77. Amendment of Sixth Schedule to Act of 1996

77. Part 2 of the Sixth Schedule to the Act of 1996 is amended by the insertion of the following paragraph after paragraph 76:

“76A. Requiring the holder of a pilotage exemption certificate which has effect for more than 1 year to undergo periodic reviews for compliance with section 72(1)(a).”.

PART 10 Third Country Bus Services

78. Definition (Part 10)

78. In this Part “Act of 2009” means the Public Transport Regulation Act 2009.

79. Continuation of international carriage of passengers by road

79. The Road Transport Act 1978 is amended by the insertion of the following section after section 5:

“5A. (1) Where the Minister is of the opinion that there is a real risk of disruption to the international carriage of passengers by road, and that it is necessary in order to ensure the continuation of existing services in this regard, the Minister may grant an exemption or make a declaration in accordance with subsection (2).

• (2) Subject to subsection (1), the Minister may, by order, do either or both of the following—

  • (a) exempt any specified class of international carriage, or any specified class of vehicle engaging in international carriage, from a requirement to comply with any provision in an enactment providing for the licensing of road passenger transport operators or services, or

  • (b) declare that a licence (howsoever called), or class of licence, granted by a body in a third country charged by the laws of the country to grant a licence relating to the carriage for hire or reward of bus passengers by road shall, for the purposes of Part 2A of the Public Transport Regulation Act 2009, be deemed to be an international road passenger transport operator’s licence.

• (3) In this section—

‘enactment’ means—

- (a) an Act of the Oireachtas,

- (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution, or

- (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

  ‘international carriage’ has the same meaning as it has in Part 2A of the [Public Transport Regulation Act 2009](http://www.irishstatutebook.ie/eli/2009/act/37/enacted/en/html);

  ‘international road passenger transport operator’s licence’ means an international road passenger transport operator’s licence granted under [section 2](http://www.irishstatutebook.ie/eli/2006/act/28/section/2/enacted/en/html) of the [Road Traffic and Transport Act 2006](http://www.irishstatutebook.ie/eli/2006/act/28/enacted/en/html);

  ‘third country’ has the same meaning as it has in Part 2A of the [Public Transport Regulation Act 2009](http://www.irishstatutebook.ie/eli/2009/act/37/enacted/en/html).”.

80. Amendment of Dublin Transport Authority Act 2008

80. The Dublin Transport Authority Act 2008 is amended—

• (a) in section 2, by the insertion of the following definition:

“ ‘third country bus service’ has the meaning assigned to it by section 28A of the Act of 2009;”,

and

• (b) in section 11(1), by the insertion of the following paragraph after paragraph (cb):

• “(cc) regulate third country bus services,”.

81. Amendment of section 2 of Act of 2009

81. Section 2 of the Act of 2009 is amended in the definition of international service by the substitution of “Regulation (EC) No. 1073/2009⁹ of the European Parliament and of the Council of 21 October 2009” for “Council Regulation (EEC) No. 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus”.

82. Part 2A of Act of 2009

82. The Act of 2009 is amended by the insertion of the following Part after Part 2:

“Part 2A

Third Country Bus Services

Definitions

28A. In this Part—

‘cabotage operation’ means a bus service, other than—

• (a) a regular service which operates to meet the transport needs of an urban centre or conurbation or those needs between it and its surrounding areas, or

• (b) a closed-door tour,

where the carrier picks up passengers—

- (i) in the State where the journey commenced in a third country, or

- (ii) in a third country where the journey commenced in the State;

  ‘carrier’ means a carrier for hire or reward of passengers travelling by bus;

  ‘closed-door tour’ means a bus passenger service whereby one bus is used to carry the same group of passengers throughout a journey where the point of departure and the point of arrival are the same and situated in the State or third country, as the case may be, where the carrier is established;

  ‘international carriage’, in relation to a carrier, means any of the following:

• (a) a journey undertaken by a bus the point of departure and the point of arrival of which are in the State, while the picking up or setting down of passengers is in a third country;

• (b) a journey undertaken by a bus of which the point of departure and the point of arrival are in a third country, while the picking up or setting down of passengers is in the State;

• (c) a journey undertaken by a bus from the State to another country or vice versa;

‘international road passenger operator’s licence’ means—

• (a) an international road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006, or

• (b) a licence deemed by the Minister under section 5A of the Road Transport Act 1978 for the purposes of this Part to be an international road passenger transport operator’s licence;

‘occasional service’ means a bus passenger service, other than a regular service or special regular service or closed-door tour, which provides for the carriage of groups of passengers constituted by either the carrier or a customer of the carrier and may include a cabotage operation;

‘prescribed’ means prescribed by the Minister by order under section 28M;

‘regular service’ means a regular bus passenger service which provides for the carriage of passengers at specified intervals where the passengers are picked up and set down at predetermined stopping points and may include a cabotage operation;

‘special regular service’ means a regular bus passenger service by whomsoever organised which provides for the carriage of a specified class of passengers to the exclusion of other passengers, and may include a cabotage operation;

‘third country’ has the meaning assigned to it by section 28B;

‘third country authorisation’ means an authorisation granted by the Authority under this Part in respect of a closed-door tour, a regular service or a special regular service for which a contract has not been concluded between the carrier and organiser;

‘third country body’ means the body in a third country charged by the laws of the country to provide for a third country bus service in like manner to this Part, to grant an authorisation or journey form of like effect to a third country authorisation or third country journey form;

‘third country bus service’ has the meaning given to it by section 28B;

‘third country journey form’ means a form granted by the Authority under this Part in respect of an occasional service or a special regular service which includes a cabotage operation and for which a contract has been concluded between the carrier and organiser.

Application of Part

28B. This Part applies to a bus passenger service for hire or reward, including a regular service, special regular service, closed-door tour or occasional service which is—

• (a) provided under a bilateral agreement between the State and another country, other than a Member State, (in this part referred to as a “third country”), concerning international carriage of passengers by bus in the State and the other country (in this Part referred to as a “third country bus service”), or

• (b) provided under reciprocal or other arrangements, concerning third country bus services, between the State and a third country whose laws provide for a third country bus service in like manner to this Part and which arrangements were in operation between the State and the third country immediately before the date of the coming into operation of this section and are required to be continued on that date.

Requirement to comply with Part

28C. Subject to this Part, a third country bus service may only be provided in accordance with—

• (a) a third country authorisation or a third country journey form granted under this Part or requirements under section 28G(6) for provision of third country bus services referred to in that subsection,

• (b) an authorisation, journey form or contract for services received by the third country body referred to in section 28F, or

• (c) an authorisation, journey form, requirements or contract for services of like effect to those referred to in paragraph (a) or (b) granted by the Authority or third country body, as the case may be, under laws that provided for a third country bus service in like manner to this Part and which authorisation or journey form is still in force immediately before the coming into operation of this section.

Grant of third country authorisation or third country journey form

28D. (1) Subject to this Part, the Authority may grant a third country authorisation in respect of a third country bus service other than an occasional service or a special regular service for which a contract has been concluded between the carrier and organiser.

• (2) Subject to this Part, the Authority may grant a third country journey form in respect of an occasional service or a special regular service which includes a cabotage operation and for which a contract has been concluded between the carrier and organiser.

• (3) A third country authorisation or a third country journey form shall specify the conditions to which the third country authorisation or third country journey form is subject under section 13 applied in accordance with section 28K.

• (4) Subject to section 28G(2), a third country authorisation or third country journey form granted under this Part or an authorisation or journey form referred to in section 28F(2) shall not be transferred by the carrier to whom it is granted and the Authority, on becoming aware of a transfer in contravention of this section shall, unless section 28G(9) applies, revoke the authorisation or journey form.

• (5) A third country authorisation or third country journey form shall be valid for a period not exceeding 5 years or such lesser period as determined by the Authority.

Application to Authority and procedure

28E. (1) An application for a grant of a third country authorisation or for a grant of a third country journey form shall be made to the Authority in such form and manner and be accompanied by documents and other supporting information as may be prescribed under section 28M, together with the fee determined under section 12 applied in accordance with section 28K.

• (2) An applicant under subsection (1) shall provide the following to the Authority:

  • (a) a completed application form;

  • (b) a copy of the applicant’s international road passenger operator’s licence;

  • (c) any other information as may be requested by the Authority.

• (3) On receipt of an application for a third country authorisation or third country journey form the Authority shall forward it to the third country body and request its observations.

• (4)

  • (a) If the third country body does not respond to the Authority’s request within 2 months, subject to this Part, the Authority may proceed to grant the third country authorisation or third country journey form.

  • (b) If the third country body objects or otherwise provides a reply to the Authority’s request giving reasons the Authority shall consider those reasons in deciding whether to grant the third country authorisation or third country journey form.

• (5) The Authority shall grant the third country authorisation or third country journey form provided that:

  • (a) the Authority is provided with a copy of the applicant’s international road passenger operator’s licence;

  • (b) in the view of the Authority—

    • (i) the applicant is able to provide the service which is the subject of the application with equipment directly available to the applicant, and

    • (ii) the applicant complies with the provisions of the Road Traffic Acts 1961 to 2018, the National Transport Authority Acts 2008 to 2016, statutory instruments made under the foregoing Acts and any other applicable statute related to Road Traffic or Road Transport, including regulations made under the European Communities Act 1972;

  • (c) in the view of the Authority the applicant complies with the requirements of the following:

    • (i) the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 (S.I. No. 831 of 2005);

    • (ii) the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003);

    • (iii) the European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008 (S.I. No. 359 of 2008);

  • (d) the Authority is not aware that the applicant has been convicted of an offence under the Road Traffic Acts 1961 to 2018, the National Transport Authority Acts 2008 to 2016, or statutory instruments made under the foregoing Acts relating to vehicles, or rest periods for drivers;

  • (e) the Authority determines (on the basis of a detailed analysis having considered criteria established by the Authority for the purpose of its making the determination) that the service concerned would not seriously affect the viability of a comparable service being provided pursuant to a public transport services contract, within the meaning of section 47 of the Act of 2008;

  • (f) the Authority decides on the basis of a detailed analysis that the principal purpose of the service to which the application relates is to carry passengers between stops located in different countries.

• (6)

  • (a) The Authority shall grant or refuse to grant an application and shall give notice to the applicant concerned of its decision, the reasons for it and that the applicant may appeal the decision under section 22 applied in accordance with section 28K.

  • (b) The Authority shall give notice of its decision to the third country body and shall provide the body, if applicable, with a copy of the third country authorisation or third country journey form concerned.

  Procedure where Authority receives notice from third country body

  28F. (1) The Authority shall, having regard to the applicable matters referred to in section 28E(5), provide observations to a third country body within 2 months of receipt of a notice from the third country body of an application to the body for an authorisation or journey form that is, under that law of that country, of like effect to a third country authorisation or third country journey form.

• (2) On and from the date of receipt by the Authority of a notice from the third country body of that body’s decision concerning the application referred to in subsection (1) to grant that authorisation or journey form and a copy of the authorisation or journey form concerned, the carrier to whom the authorisation or journey form was granted by the third country body may provide third country bus services under and in accordance with this Part.

• (3) Where the third country body has provided notice to the Authority of an application from a carrier to provide services similar to those referred to in section 28G(6) under the law of that country, the carrier may provide such third country bus services under and in accordance with this Part on and from the date of receipt by the Authority of said notice.

Obligations of carriers

28G. (1) A carrier to whom a third country authorisation or third country journey form is granted under this Part shall comply with the conditions to which the third country authorisation or third country journey form is subject under section 13 applied in accordance with section 28K.

• (2) Other than in circumstances beyond the control of the carrier, a carrier to whom a third country authorisation for a regular service has been granted shall take all measures to guarantee a service that fulfils the standards of continuity, regularity and capacity and complies with the other conditions to which the third country authorisation is subject under section 13 applied in accordance with section 28K.

• (3) A carrier to whom a third country authorisation for a regular service has been granted shall—

  • (a) display in the bus the pick-up and set-down points of the service, the timetable, the fares and the conditions of carriage in such a way as to ensure that such information is readily available to all passengers,

  • (b) carry in the bus the third country authorisation during the operation of said service,

  • (c) present for inspection to an authorised officer, at the request of the officer, a copy of the relevant third country authorisation, and

  • (d) carry in the bus a copy of the carrier’s international road passenger operator’s licence.

• (4) A carrier to whom a third country authorisation for a regular service has been granted shall only use vehicles additional to those to which the authorisation relates to deal with temporary or exceptional situations and shall carry the following documents on those vehicles:

  • (a) a copy of the carrier’s third country authorisation for the regular service;

  • (b) a copy of the contract between the carrier of the regular service and the person providing the additional vehicles or a similar document;

  • (c) a copy of the carrier’s international road passenger operator’s licence.

• (5) A carrier to whom a third country journey form for an occasional service has been granted shall—

  • (a) hold the book of third country journey forms provided to the carrier by the Authority,

  • (b) fill out the third country journey form before each journey,

  • (c) carry the third country journey form during the operation of the occasional service,

  • (d) present for inspection to an authorised officer, at the request of the officer, a copy of the relevant third country journey form,

  • (e) return a third country journey form to the Authority in accordance with conditions to which the journey form is subject under section 13 applied in accordance with section 28K, and

  • (f) carry in the bus a copy of the carrier’s international road passenger operator’s licence.

• (6) A carrier operating a special regular service for which a contract has been concluded between the carrier and organiser shall—

  • (a) prior to providing the service, furnish a copy of the contract for service to the Authority,

  • (b) carry a copy of the contract for service referred to in paragraph (a) in the bus in the course of operation of the special regular service,

  • (c) present for inspection by an authorised officer, at the request of the officer, a copy of that contract for service, and

  • (d) carry in the bus a copy of the carrier’s international road passenger operator’s licence.

• (7) A carrier operating a special regular service which includes a cabotage operation and for which a contract has been concluded between the carrier and organiser shall comply with paragraphs (a) to (d) of subsection (6) and shall provide a monthly statement to the Authority of completed third country journey forms filled out by the carrier.

• (8) A carrier operating a regular service other than a special regular service shall issue to a passenger as appropriate, individual or collective transport tickets indicating:

  • (a) the points of departure and arrival and, as appropriate, the return journey;

  • (b) the period of validity of the ticket;

  • (c) the fare payable by the passenger.

• (9)

  • (a) A carrier to whom a third country authorisation or third country journey form is granted may provide, with the written consent of the Authority and where the Authority is satisfied that a subcontractor shall satisfy the conditions to which the authorisation or journey form is subject, the third country bus service through a subcontractor.

  • (b) Where paragraph (a) applies—

    • (i) the name and role of the subcontractor shall be specified in the authorisation or journey form,

    • (ii) the subcontractor shall comply with the conditions to which the third country authorisation or third country journey form is subject under section 13 applied in accordance with section 28K, and

    • (iii) in the case of persons associated for the purpose of operating a regular service, the authorisation shall be issued in the names of all the operators, shall state their names and shall be given to the person who manages the provision of the regular service who shall give copies of the authorisation to the persons so associated.

    Obligation of person to whom a transport ticket issues

    28H. (1) A person to whom a transport ticket is issued by a carrier shall at any time during the journey to which the ticket relates on a request in that behalf by an authorised officer present the ticket to the authorised officer for inspection.

• (2) In subsection (1) ‘ticket’ means proof in any form of entitlement to travel.

Lapse of a third country authorisation

28I. (1) A third country authorisation shall lapse—

- (a) at the end of its period of validity, or

- (b) 3 months after the carrier to whom the authorisation is granted gives notice to the Authority of the carrier’s intention to withdraw the service.

• (2) A notice referred to in subsection (1)(b) shall contain a statement of reasons.

• (3) Where the demand for a third country bus service has ceased to exist, the period of notice provided for in subsection (1)(b) shall be one month.

• (4) The Authority shall give notice to the third country body that the third country authorisation has lapsed.

• (5) The holder of the third country authorisation to which subsection (1)(b) applies shall give one month’s prior notice to passengers of the service concerned of its intention to withdraw the service by means of appropriate publicity.

Offences and penalties

28J. (1) A person who provides a third country bus service in contravention of section 28C shall be guilty of an offence.

• (2) A person who transfers a third country authorisation or third country journey form in contravention of section 28D shall be guilty of an offence.

• (3) A person to whom a third country authorisation or third country journey form is granted and who fails to comply with a condition attached to the licence under section 13 applied in accordance with section 28K shall be guilty of an offence.

• (4) A person, who in an application for a grant of a third country authorisation or third country journey form under section 28E, or amendment or renewal of a third country authorisation or third country journey form under section 14 or section 16 applied in accordance with section 28K, provides information to the Authority knowing it to be false or misleading shall be guilty of an offence.

• (5) A person who contravenes subsection (1), (3), (4), (5), (6), (7), (8) or (9)(b)(ii) of section 28G shall be guilty of an offence.

• (6) A person who refuses to present a transport ticket to an authorised officer in contravention of section 28H shall be guilty of an offence.

• (7) A person guilty of an offence under subsection (1) or (2) shall be liable—

  • (a) on summary conviction to a class A fine, or

  • (b) on conviction on indictment to a fine not exceeding €200,000.

• (8) A person guilty of an offence under subsection (3) or (4) or subsection (5), insofar as it relates to subsection (7) of section 28G, shall be liable on summary conviction to a class A fine.

• (9) A person guilty of an offence under subsection (5), insofar as it relates to subsection (1), (3), (4), (5), (6), (8) or (9)(b)(ii) of section 28G shall be liable on summary conviction to a class B fine.

• (10) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a class D fine.

Application of sections for the purpose of this Part

28K. (1) Section 12 shall apply to fees under this Part, section 13 shall apply to attachment of conditions to third country authorisations or third country journey forms under this Part, section 14 shall apply to the amendment of third country authorisations or third country journey forms under this Part, section 15 shall apply to the requirement to commence third country bus services under this Part, section 16 shall apply to the renewal of third country authorisations or third country journey forms under this Part, section 19 shall apply to revocation of third country authorisations or third country journey forms by the Authority under this Part, section 21 shall apply for the purpose of deciding officers under this Part, section 22 shall apply to appeals under this Part, section 23 applies to preparing and publishing guidelines under this Part, section 24(2) and (3) shall apply to offences under this Part and section 26 shall apply to notifications and notices under this Part as each section applies in Part 2 subject to the following and any other necessary modifications:

- (a) any reference in any of those sections to a licence shall be construed as a reference to a third country authorisation or a third country journey form;

- (b) any reference in any of those sections to a public bus passenger service shall be construed as a reference to a third country bus service.

• (2) Without prejudice to the generality of subsection (1), for the purposes of this Part—

  • (a) section 13 shall be construed as if—

    • (i) the reference in section 13(2)(a) to section 10(3) is a reference to section 23E(5),

    • (ii) section 13(2)(f) includes a reference to carriers as well as public transport service operators,

    • (iii) section 13(2) has the following paragraphs after paragraph (i):

  • “(j) in relation to a third country authorisation, and the pick-up points and set-down points which constitute a cabotage operation if permitted under the authorisation,

  • (k) in relation to a third country journey form, the type of occasional service to which it relates and the pick-up points and set-down points which constitute a cabotage operation if permitted under the third country journey form,”,

  • (b) section 14 shall be construed as if—

    • (i) the reference in section 14(3) to sections 10 to 13 is a reference to sections 12 and 13 applied in accordance with this section and section 28E(5), and

    • (ii) the reference in section 14(4)(b) to section 23 is a reference to section 23(5) applied in accordance with this section,

  • (c) section 16 shall be construed as if the reference in section 16(3)(b) to sections 10 to 13 is a reference to sections 12 and 13 applied in accordance with this section and section 28E(5),

  • (d) section 19 shall be construed as if—

    • (i) the reference in section 19(1)(c) to sections 15(4) and 18(4)(b) is a reference to section 15 applied in accordance with this section and section 28D(3), and

    • (ii) section 19 has the following subsection after subsection (1):

• “(1A) The Authority shall immediately inform the third country body as soon as it revokes a third country authorisation or third country journey form under this section.”,

  • (e) section 21 shall be construed as if the reference in the section to a transfer is a reference to provision of third country bus services by a subcontractor, and

  • (f) section 23 shall be construed as if—

    • (i) a reference in section 23(1) to the licensing of public bus passenger services is a reference to the granting of a third country authorisation or a third country journey form for a third country bus service,

    • (ii) the reference in section 23(2)(a) to section 10 is a reference to section 28E,

    • (iii) the reference in section 23(2)(b) to section 14 is a reference to section 14 applied in accordance with this section, and

    • (iv) the reference in section 23(2)(c) to a transfer is a reference to provision of third country bus services by a subcontractor.

    Authorised officers

    28L. (1) The Authority may appoint such and so many persons as it sees fit to be authorised officers for the purpose of obtaining such information or of carrying out such inspections or any other functions as the Authority may deem necessary for the performance by the Authority of its functions under this Part.

• (2) For the purpose of subsection (1), subsections (2) to (5) of section 78 and section 79 of the Act of 2008 shall apply to an authorised officer appointed under section 78 subject to the modification that a reference to a public transport authority or public transport operator shall be read as a reference to a carrier who provides a third country bus service and any other necessary modifications.

Minister to make order

28M. The Minister may, for the purposes of a bilateral agreement or other arrangement between the State and another country, by order—

- (a) prescribe a third country body or third country bodies,

- (b) prescribe the form, manner, documents and other supporting information to be provided in an application to the Authority for a third country authorisation or a third country journey form or in furnishing a contract for service to the Authority under section 28G(6), and

- (c) prescribe the form of a third country authorisation or third country journey form.

  **Further provisions concerning operation of this Part**

  **28N.** (1) (a) No provision of this Part shall apply to a class of third country bus service to which the Interbus Agreement applies where the Interbus Agreement comes into force in a third country referred to in section 28B.

- (b) Notwithstanding paragraph (a), a third country bus service provided under section 28C may continue to be so provided for 2 weeks after the date that the Interbus Agreement concerned comes into force.

• (2) Where a third country in section 28B(b) is the United Kingdom, sections 28B(b) and 28C(c) shall cease to have effect 12 weeks after the withdrawal of the United Kingdom from membership of the European Union.

• (3) In subsection (1) ‘Interbus Agreement’ means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement).”.

PART 11 Amendment of Social Welfare Consolidation Act 2005

83. Definition (Part 11)

83. In this Part, “Act of 2005” means the Social Welfare Consolidation Act 2005.

84. Amendment of section 287 of Act of 2005

84. Section 287 of the Act of 2005 is amended—

• (a) in subsection (1), by the substitution of “social assistance payments under Part 3” for “State pension (non-contributory) and blind pensions, widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension or guardian’s payment (non-contributory), jobseeker’s allowance”, and

• (b) by the insertion of the following subsections after subsection (2):

• “(3) Without prejudice to the generality of subsections (1) and (2), the Minister, in an order under this section, may provide for the manner in which an arrangement that is the subject of the order is to apply to persons, or different categories of persons, to whom a different arrangement, provided for in another order under this section, applies and for the manner in which such different arrangement is to apply to persons, or different categories of persons, to whom the arrangement that is the subject of the order applies.

• (4) In this section, a reference to ‘arrangement’ includes an agreement which is intended to be binding on the State or the Government or the Minister but which has not, at the time of the making of an order under this section, become binding and to which the Minister is satisfied the international organisation, any other state or government or the proper authority under any government, referred to in subsection (1), is giving effect.”.

85. Consequential amendments to Act of 2005

85. The Act of 2005 is amended—

• (a) in section 113A by—

• (i) the insertion in subsection (3) of “, (4A), (4B)” after “subsections (4)”, and

• (ii) the insertion of the following subsections after subsection (4):

• “(4A) Where a person in receipt of invalidity pension under Chapter 17 of this Part attains pensionable age and becomes entitled to a pension under this section and to a pension from the United Kingdom, the weekly rate of pension payable shall be the greater of—

  • (a) the amount of pension payable, calculated in accordance with the arrangement made with the United Kingdom on 1 February 2019, or

  • (b) the rate of invalidity pension otherwise payable in accordance with Chapter 17 of this Part.

• (4B) In the case of a person to whom both subsections (4) and (4A) applies, the weekly rate of pension payable shall be the greater of either of the amounts calculated under each such subsection.”,

• (b) in section 205 by—

• (i) the insertion in paragraph (a), of “or the United Kingdom” after “Member State (other than the State)”, and

• (ii) the insertion in paragraph (c), of “or the United Kingdom” after “Member State”,

• (c) by the insertion, after section 239, of the following Part:

“PART 8A

Certain Payments - Entitlement to Island Allowance

Certain payments - entitlement to island allowance

239A. Where a person is ordinarily resident on an island and is entitled to or in receipt of a payment from the United Kingdom corresponding to a payment under—

• (a) section 81, 111, 113, 116, 126, 156, 164 or 174 and he or she has attained pensionable age, or

• (b) section 77, 121 or 211,

he or she shall be entitled to a weekly allowance of €12. 70 or any amount that may be prescribed.”,

and

• (d) in Schedule 3, by the insertion, in Table 2 at reference 2, of “or the United Kingdom” after “another Member State”.

PART 12 Amendment of Protection of Employees (Employers’ Insolvency) Act 1984

86. Definition (Part 12)

86. In this Part, “Act of 1984” means the Protection of Employees (Employers’ Insolvency) Act 1984.

87. Amendment of section 1 of Act of 1984

87. Section 1 of the Act of 1984 is amended—

• (a) in subsection (1)—

• (i) by the substitution of the following definition for the definition of “competent authority”:

“ ‘competent authority’ means—

• (a) the authority referred to in Article 2(1) of the Directive, or

• (b) in the case of an employer taken to be, or to have become, insolvent under paragraph (f) of subsection (3), an authority that is competent, pursuant to the laws, regulations and administrative procedures of the United Kingdom, to—

  • (i) appoint a liquidator or a person performing a similar task,

  • (ii) open collective proceedings based on the insolvency of the employer, or

  • (iii) establish that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of the proceedings;”,

• (ii) by the substitution of the following definition for the definition of “relevant officer”:

“ ‘relevant officer’ means—

• (a) where the employer is insolvent in the State and the employees concerned are employed or habitually employed in the State, an executor, an administrator, the official assignee or a trustee in bankruptcy, a liquidator, a receiver or manager, a trustee under an arrangement between an employer and his creditors or under a trust deed for his creditors executed by an employer,

• (b) where the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer, or

• (c) where the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer;”,

and

• (iii) by the insertion of the following definitions:

“ ‘Directive’ means Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008¹⁰ on the protection of employees in the event of the insolvency of their employer;

‘United Kingdom’ includes a territory or other place for whose external relations the United Kingdom is responsible and in which the law of the European Union applied while the United Kingdom was a Member State;”,

and

• (b) in subsection (3), by the substitution of the following paragraphs for paragraph (e):

• “(e) the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State; or

• (f) the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom and the employees concerned are employed or habitually employed in the State.”.

88. Amendment of section 4 of Act of 1984

88. Section 4 of the Act of 1984 is amended, in subsection (1) (amended by the European Communities (Protection of Employees (Employers’ Insolvency)) Regulations 2005 (S.I. No. 630 of 2005))—

• (a) in paragraph (f), by the substitution of “having become insolvent,” for “having become insolvent, and”, and

• (b) by the substitution of the following paragraphs for paragraph (g):

• “(g) where the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State, the date on which the insolvency was established under the laws, regulations and administrative procedures of that other Member State, and

• (h) where the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom and the employees concerned are employed or habitually employed in the State, the date on which the insolvency was established under the laws, regulations and administrative procedures of the United Kingdom.”.

89. Amendment of section 7 of Act of 1984

89. Section 7 of the Act of 1984 is amended, in subsection (3) (amended by the European Communities (Protection of Employees (Employers’ Insolvency)) Regulations 2005 (S.I. No. 630 of 2005)), by the substitution of the following paragraph for paragraph (b):

• “(b) the amount certified by—

  • (i) an actuary,

  • (ii) where the employees concerned are employed or habitually employed in the State and the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, an actuary or person performing a similar task, or

  • (iii) where the employees concerned are employed or habitually employed in the State and the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of the United Kingdom, an actuary or person performing a similar task,

  to be necessary for the purpose of meeting the liability of the scheme on dissolution to pay the benefits provided by the scheme or Personal Retirement Savings Account (within the meaning of the Pensions Act 1990) to or in respect of the employees of the employer.”.

90. Transfer of personal data in relation to employers insolvent in United Kingdom

90. The Act of 1984 is amended by the insertion of the following section after section 8:

“8A. (1) Where—

• (a) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and

• (b) the employees concerned are employed or habitually employed in the State,

the Minister may by regulations provide for the transfer of personal data to and from—

- (i) a relevant officer, or

- (ii) an actuary or a person performing a similar task,

  to the extent that such personal data are necessary to carrying out the functions of a relevant officer, an actuary or a person performing a similar task, or otherwise for the carrying out of functions under this Act.

• (2) In making regulations under subsection (1), the Minister shall have regard to the important public interest of—

  • (a) the protection of employees in the event of the insolvency of their employer,

  • (b) ensuring a minimum degree of protection, in particular in order to guarantee payment of employees’ outstanding claims, and

  • (c) the need for balanced economic and social development.”.

PART 13 Amendment of Extradition Act 1965

91. Definition (Part 13)

91. In this Part, “Act of 1965” means the Extradition Act 1965.

92. Amendment of section 4 of Act of 1965

92. Section 4 of the Act of 1965 is amended by the substitution of “or section 23(2) of this Act” for “of this Act”.

93. Irish citizens

93. The Act of 1965 is amended by the substitution of the following section for section 14:

“14. Extradition shall not be granted where a person claimed is a citizen of Ireland, unless—

• (a) the relevant extradition provisions or this Act otherwise provide, or

• (b) the law of the requesting country does not prohibit the surrender by the requesting country of a citizen of that country to the State for prosecution or punishment for an offence.”.

94. Amendment of section 23 of Act of 1965

94. Section 23 of the Act of 1965 is amended—

• (a) by the designation of the section as subsection (1),

• (b) in subsection (1)—

• (i) by the deletion of “or” in paragraph (a), and

• (ii) by the insertion of the following paragraph after paragraph (a):

• “(aa) the means specified in an order under subsection (2), or”,

and

• (c) by the insertion of the following subsections after subsection (1):

• “(2) The Minister for Foreign Affairs and Trade may, after consultation with the Minister, by order provide that a request for the extradition of any person by a country, being a country in relation to which this Part applies that is specified in the order, may be communicated—

  • (a) directly to the Minister, and

  • (b) by electronic or other methods, or both, or by such a combination of both, as may be specified in the order,

  where such means of communication have been arranged with that country by direct agreement.

• (3) An order under subsection (2), in addition to the matters referred to in that subsection and in relation to a country specified in the order—

  • (a) shall specify the authority of, or other person in, the country, by which or by whom a request for extradition may be made (in this section referred to as the ‘sender’), and

  • (b) may provide for any other relevant or ancillary matters in relation to the means of communication of requests for extradition that have been arranged by direct agreement.

• (4) An order under subsection (2) shall be evidence that the means of communication, and the sender, specified in it have been arranged by direct agreement with the country concerned.

• (5) Where a request for extradition, communicated by the means provided in a relevant order under subsection (2), includes a document that is an electronic copy of a source document—

  • (a) the sender shall provide the Minister with an electronic copy of a certificate of the sender stating that the electronic copy of the source document corresponds to the source document (and in this subsection the electronic copy of the source document, so certified, shall be referred to as the ‘corresponding electronic copy’),

  • (b) the corresponding electronic copy, and any reproduction by electronic means thereof in paper or similar format in legible form, shall, subject to subsection (6), be deemed to be the source document, and

  • (c) where the source document would be received in evidence without further proof in proceedings to which this Part applies, the corresponding electronic copy, or any reproduction thereof, that is deemed to be that source document in accordance with paragraph (b), shall, subject to subsection (6), be received in evidence without further proof and, where the source document has been sealed, judicial notice shall be taken of the image of that seal in that corresponding electronic copy or the said reproduction thereof.

• (6) If the Minister is not satisfied that a corresponding electronic copy within the meaning of subsection (5), or any reproduction by electronic means thereof as referred to in subsection (5), corresponds to the source document concerned, he or she may require the sender to cause the source document, or a true copy thereof, to be provided directly to him or her within such period as he or she may specify.

• (7) For the purposes of subsection (6), a true copy of a source document is a document that purports to be certified by—

  • (a) the judicial authority in the requesting country that issued the source document, or

  • (b) an officer of the requesting country duly authorised to so do,

  to be a true copy of the source document and, where a source document would be received in evidence without further proof in proceedings to which this Part applies, the true copy thereof shall be received in evidence without further proof, and where the seal of the judicial authority or the officer concerned has been affixed to the true copy, judicial notice shall be taken of that seal.

• (8) In this section, a reference to a request for extradition includes a reference to the documents referred to in paragraphs (a) to (e) of section 25(1) supporting the request.

• (9) In this section, ‘source document’, in relation to an electronic copy, means the document, required by or under this Act to be provided in a request for extradition, of which the electronic copy is made.”.

PART 14 Immigration

95. Amendment of Immigration Act 1999

95. The Immigration Act 1999 is amended—

• (a) in section 3(1), by the substitution of “section 3A” for “section 5 (prohibition of refoulement) of the Refugee Act 1996,”, and

• (b) by the insertion of the following sections after section 3: