Legalize / Ireland / Act

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020

Type Act

Publication 2020-12-10

State In force

Source Irish Statute Book

articles 134

Reform history JSON API

81. Designation of relevant arrangement

81. (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

(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.

82. **Rules applicable to arrangement to which section 80 or 81 applies**

82. (1) The Regulations of 2010, as modified in accordance with subsection (2), shall apply to a relevant arrangement to which section 80 or 81 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),”;

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

83. **Interpretation (Part 10)**

83. 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).

84. Amendment of Regulations of 2015

84. 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;

(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 15 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 15 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 10 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 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, 14 and 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.”.

85. Amendment of Regulations of 2018

85. 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 15 years from the relevant date, or

(iv) failed to comply with the general good rules.

(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 15 years from the relevant date.

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

(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.”.

86. Report to Minister for Finance

86. (1) The Central Bank of Ireland shall, during the 12 months commencing on the date that is 11 years from the date on which this Part comes into operation, submit to the Minister for Finance a report setting out the views of the Central Bank of Ireland in relation to the operation of the provisions inserted in the Regulations of 2015 and the Regulations of 2018 by this Part, including as to—

(a) the continuing need to protect holders of insurance policies issued by active insurance run-off undertakings or administered or performed by active insurance distribution run-off undertakings,

(b) the number of active insurance run-off undertakings and active insurance distribution run-off undertakings,

(2) In this section—

“active insurance run-off undertaking” means a person who—

(a) satisfies the condition described in subparagraph (a) of paragraph (1) of Regulation 13A of the Regulations of 2015,

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

(d) has not permanently ceased to carry on insurance business in the State;

“active insurance distribution run-off undertaking” means a person who—

(a) satisfies the condition described in subparagraph (a) of paragraph (1) of Regulation 3A of the Regulations of 2018,

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

(d) has not permanently ceased to carry on insurance distribution business (within the meaning of the Regulations of 2018) in the State.

PART 11 Customs

87. **Definition (Part 11)**

87. In this Part, “Act of 2015” means the Customs Act 2015.

88. Customs control at customs ports

88. The Act of 2015 is amended by the insertion of the following section after section 12:

“12A. (1) The person in charge or taking charge of a vehicle containing goods which have been unloaded from a ferry at a place (at a customs port) approved under section 7(1)(c), being a vehicle that has entered the State from a place, other than a place situate in another Member State, shall—

(a) comply with such instructions, as are given to him or her electronically or by other means by the Commissioners, regarding the movement of the vehicle to a place designated by the Commissioners as an area of customs supervision, and

(b) ensure that the vehicle remains at that place and shall comply with such further instructions as are given to him or her (by the foregoing means) by the Commissioners as the Commissioners consider appropriate, until clearance (by the foregoing means) to depart that place is given.

(2) A person who fails, without lawful excuse, to—

(a) comply with any instruction given to him or her under paragraph (a) or (b) of subsection (1), or

(b) ensure that the vehicle referred to in subsection (1) remains, in accordance with paragraph (b) of that subsection, at the place there referred to,

commits an offence.

(3) A person who commits an offence under subsection (2) is liable, on summary conviction, to a fine of €5,000 or imprisonment for a term not exceeding 12 months or both.

(4) In this section, ‘ferry’ means a vessel with facilities that enable vehicles to be driven on board the vessel and to be driven off it.”.

89. Amendment of section 25 of Act of 2015

89. Section 25 of the Act of 2015 is amended, in subsection (1), by the substitution of the following paragraph for paragraph (a) —

“(a) enter and inspect a customs port or customs airport or any place approved under the Customs Acts, or any conveyance within such port, airport or place,”.

90. Procedures for goods entering or departing the State by ferry (from or to a place outside the customs territory of the Union)

90. The Act of 2015 is amended by the insertion of the following section after section 12A (inserted by section 88):

“12B. (1) In this section—

‘carrier’ means a person who has assumed responsibility for carriage of a relevant shipment or an empty vehicle, or the effecting of a relevant movement in relation to goods, into or out of the State by ferry and includes a person who provides haulage services or logistical services in relation to any of the foregoing matters;

‘Council Regulation’ means Council Regulation (EC) No. 1186/2009 of 16 November 2009[^13] setting up a Community system of reliefs from customs duty;

‘Delegated Regulation’ means Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015[^14] supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code;

‘electronic data processing technique’ means such electronic data processing technique as stands specified by the Commissioners for the purposes of this section;

‘export’ means the exportation or removal from the State of any goods to a place outside the customs territory of the Union;

‘ferry’ means a vessel with facilities that enable vehicles to be driven on board the vessel and to be driven off it;

‘ferry operator’ means a person engaged in the provision of ferry services between a port outside the customs territory of the Union and the State;

‘import’ means the importation or bringing into the State of any goods from outside the customs territory of the Union;

‘master reference number’ has the same meaning as it has in the Delegated Regulation;

‘pre-boarding notification’ shall be construed in accordance with subsection (6);

‘relevant movement’ means each of the following cases where goods are to be imported or exported by ferry in accordance with the Customs Acts and for which a master reference number has not been allocated by the Commissioners, that is to say, a case where:

(a) a customs declaration for goods being imported through postal consignment is to be lodged in accordance with Article 144 of the Delegated Regulation;

(b) goods in postal consignment are being exported in accordance with Article 141(4) of the Delegated Regulation;

(c) an oral customs declaration for temporary admission is intended to be made upon entry into the State in respect of goods being transported in the vehicle concerned in accordance with Articles 136, 163 and 165 of the Delegated Regulation;

(d) goods for export are being moved in accordance with the ATA Convention (within the meaning of the Delegated Regulation) or the Istanbul Convention (within the meaning of the Delegated Regulation);

(e) it is intended to apply for temporary admission relief in respect of imported goods using a valid ATA carnet (within the meaning of the Delegated Regulation);

(f) a paper declaration is intended to be made upon entry into the State in respect of goods being transported in the vehicle concerned for relief from importation charges on the basis of transfer of residence under Chapter I of Title II of the Council Regulation;

(g) a paper declaration is intended to be made upon entry into the State in respect of goods being transported in the vehicle concerned for relief from importation charges on the basis of transfer of business as provided for in Chapter VII of Title II of the Council Regulation;

(h) it is intended to apply for relief from import duty upon entry into the State in respect of goods being transported in the vehicle concerned on the basis that it contains personal property acquired by inheritance as provided for in Chapter III of Title II of the Council Regulation;

(i) relief applies in the case of the importation of a coffin containing a deceased person or an urn containing ashes of a deceased person as provided for in Chapter XXX of Title II of the Council Regulation;

(j) a declaration commonly referred to as a ‘Dip 1 paper declaration’ is intended to be made upon entry into the State in respect of goods being imported by an Embassy or other recognised international institution under section 5 of the Diplomatic Relations and Immunities Act 1967;

(k) any other circumstance arises in which the Customs Acts permits the making of a paper or oral customs declaration in respect of goods contained in the vehicle concerned,

and subsection (2) supplements this definition;

‘relevant shipment’ means all of the particular goods which are to be imported or exported by ferry in accordance with the Customs Acts, or all of the particular goods moved under the customs transit procedure into or out of the State, for which a master reference number has been allocated by the Commissioners.

(2) For the purposes of this section, in addition to what is provided in subsection (1) respecting the expression ‘relevant movement’, a reference in any subsequent provision of this section to a ‘relevant movement’ shall be deemed to include, where the context admits and notwithstanding that there are no goods in the vehicle, a reference to a case of the carriage of an empty vehicle on a ferry.

(3) The following provisions shall have effect in relation to a relevant shipment, or the effecting of a relevant movement in relation to goods, entering or departing the State.

(4) A person who has made a declaration in accordance with the Customs Acts regarding a proposed relevant shipment or who has made or intends to make a paper or oral declaration in accordance with the Customs Acts regarding a proposed relevant movement shall—

(a) provide the master reference number or particulars of the relevant movement relating to the goods concerned to the carrier, where the identity of the carrier is known to him or her, for the purposes of the pre-boarding notification in relation to those goods being completed,

(b) provide the master reference number or particulars of the relevant movement relating to the goods concerned to any other person in the supply chain to whom the identity of the carrier is known, for the purposes of the pre-boarding notification in relation to those goods being completed, or

(c) if by reason of the particular different shipments or movements that will take place, by means of a particular vehicle, both of the preceding cases apply, do each of the things referred to in paragraphs (a) and (b) (for the purposes of the pre-boarding notification in relation to the goods concerned being completed).

(5) Paragraph (a) or (b) (or both, as appropriate) of subsection (4) shall be complied with as soon as—

(a) in the case of that paragraph (a), the information referred to in that paragraph becomes available to the first-mentioned person in that subsection,

(b) in the case of that paragraph (b), the information referred to in that paragraph becomes available to the first-mentioned person in that subsection,

and, in any event, in advance of the check in of the vehicle concerned by the ferry operator at the ferry port of departure.

(6) A carrier shall, in accordance with subsection (7), provide to the Commissioners a statement (in this section referred to as a ‘pre-boarding notification’), that complies with subsection (8), in relation to, as appropriate—

(a) the relevant shipment or relevant shipments of goods contained in a vehicle, or

(b) the relevant movement or relevant movements being effected in relation to goods contained in a vehicle, or

(d) an empty vehicle,

the carriage of goods in which, or the effecting of the relevant movement or movements by which, the carrier has assumed responsibility for.

(7) The pre-boarding notification shall be provided to the Commissioners—

(a) prior to the departure of the vehicle concerned on a ferry bound for, or departing from, the State, and

(b) by means of an electronic data processing technique.

(8) The pre-boarding notification shall—

(a) in the case of subsection (6)(a), contain the master reference numbers of the one or more relevant shipments being carried on the vehicle,

(b) in the case of subsection (6)(b), specify the one or more relevant movements being effected in relation to goods contained in the vehicle,

(i) contain the master reference numbers of the one or more relevant shipments being carried on the vehicle, and

(ii) specify the one or more relevant movements being effected in relation to goods contained in the vehicle,

(d) in the case of subsection (6)(d), specify that the vehicle does not contain a relevant shipment and is not being used to effect a relevant movement in relation to goods.

(9) A carrier may appoint a person as the carrier’s agent to fulfil the obligations imposed on the carrier by subsections (6) to (8).

(10) Notwithstanding the appointment of a person under subsection (9) by a carrier, the carrier shall not be relieved of the duty to comply with the foregoing obligations and, accordingly, subsection (9) does not prejudice the application of subsection (11) as it relates to a carrier.

(11) A person who contravenes subsection (4), (5), (6), (7) or (8) commits an offence and is liable, on summary conviction, to a fine of €5,000 or imprisonment for a term not exceeding 12 months or both.”.

PART 12 Amendment of Harbours Act 1996

91. **Definition (Part 12)**

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

92. Amendment of section 72 of Act of 1996

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

(a) in subsection (1) —

(i) by the insertion of “the conditions specified in paragraph (a), either paragraph (b) or (c), and paragraph (d) are satisfied” after “grant to that person a certificate (in this Part referred to as ‘a pilotage exemption certificate’) if”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) the person is, at the time of the making of the application—

(i) the holder of a certificate of competency, issued pursuant to the European Union (Training, Certification and Watchkeeping for Seafarers) Regulations 2014 (S.I. No. 242 of 2014), in any of the following capacities:

(I) master;

(II) chief mate; or

(III) officer in charge of a navigational watch,

(ii) the holder of a document issued by another Member State or the Kingdom of Norway or the Republic of Iceland, certifying a level of competency which corresponds to a certificate of competency to which subparagraph (i) relates,”,

(iii) in paragraph (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—”, and

(iv) by the deletion of “or” after paragraph (c),

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

“(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.”.

93. Amendment of Sixth Schedule to Act of 1996

93. 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 13 Third Country Bus Services

94. **Definition (Part 13)**

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

95. Continuation of international carriage of passengers by road

95. 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 provide by order for either or both of the following:

(a) an exemption for 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;

(b) a declaration 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

‘international carriage’ has the same meaning as it has in Part 2A of the Public Transport Regulation Act 2009;

‘international road passenger transport operator’s licence’ means an international road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘third country’ means a country or territory other than the State or a Member State.”.

96. Amendment of Dublin Transport Authority Act 2008

96. 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,”.

97. Amendment of section 2 of Act of 2009

97. Section 2 of the Act of 2009 is amended in the definition of international service by the substitution of “Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009[^15]” for “Council Regulation (EEC) No. 684/92 of 16 March 1992[^16] on common rules for the international carriage of passengers by coach and bus”.

98. Insertion of Part 2A in Act of 2009

98. 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 theState;

‘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 where the point of departure and the point of arrival are in the State, and the picking up or setting down of passengers is in a third country;

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

‘international road passenger transport 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 declared by order of the Minister under section 5A(2) of the Road Transport Act 1978 for the purposes of this Part to be deemed 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;

‘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’ means a country or territory other than the State or a Member State;

‘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 which 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’ means international carriage of passengers by bus for hire or reward, including a regular service, special regular service, closed-door tour or occasional service;

‘third country journey form’ means a form granted by the Authority under this Part in respect of—

(a) an occasional service, or

(b) 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 third country bus service operating between the State and a third country which is—

(a) provided under reciprocal or other arrangements between the State and a third country where the laws of the third country provide for a third country bus service in like manner to this Part and where such 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 and after that date, or

(b) provided under a bilateral agreement between the State and a third country.

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,

(b) requirements under section 28G(6) for provision of third country bus services referred to in that subsection,

(d) an authorisation, journey form, requirements or contract of like effect to those referred to in paragraph (a), (b) or (c) granted by—

(i) the Authority, or

(ii) a third country body, under laws that provide for a third country bus service in like manner to this Part,

and which authorisation, journey form, requirements or contract is or are 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.

(2) Subject to this Part, the Authority may grant a third country journey form in respect of a third country bus service.

(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.

(4) Subject to section 28G(9), 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 third country authorisation or third country 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 requested by the Authority or, as the case may be, prescribed under section 28M, together with the fee determined under section 12.

(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 transport operator’s licence;

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

(4) 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.

(5) If the third country body objects or otherwise provides a response to the Authority’s request, the Authority shall consider that response in deciding whether to grant the third country authorisation or third country journey form.

(6) The Authority shall grant the third country authorisation or third country journey form provided that—

(a) the applicant complies with subsection (1),

(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, instruments made under the foregoing Acts and any other applicable enactment, within the meaning of the Interpretation Act 2005, related to road traffic or road transport, including regulations made under the European Communities Act 1972,

(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, and

(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.

(7) 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.

(8) 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(6), 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 the 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.

(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.

(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 a copy of 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 transport 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 third country 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;

(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 or a third country body,

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

(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 the conditions to which the third country journey form is subject under section 13, and

(f) carry in the bus a copy of the carrier’s international road passenger transport 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 to the Authority,

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

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

(7) A carrier operating a special regular service conducting a cabotage operation for which a contract has been concluded between the carrier and organiser shall comply with subsection (6) and shall provide a monthly statement to the Authority of a completed third country journey form 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;

(9) 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 third country authorisation or third country journey form is subject, the third country bus service through a subcontractor.

(10) Where subsection (9) applies—

(a) the name and role of the subcontractor shall be specified in the third country authorisation or third country journey form,

(b) the subcontractor shall comply with the conditions to which the third country authorisation or third country journey form is subject under section 13, and

(c) in the case of persons associated for the purpose of operating a regular service, the third country 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 third country authorisation to the persons so associated.

(11) A reference to a third country authorisation in subsections (3) and (4) shall be construed as including a reference to an authorisation of like effect granted by a third country body.

(12) A reference to a third country journey form in subsection (5) (other than in paragraph (e) of that subsection) shall be construed as including a reference to a journey form of like effect granted by a third country body.

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 from the date the carrier to whom the third country 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 appropriate 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 third country authorisation or third country journey form under section 13 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 an amendment or renewal of a third country authorisation or third country journey form under section 14 or 16, provides information to the Authority knowing it to be false or misleading shall be guilty of an offence.

(5) A person who contravenes subsection (3), (4), (5), (6), (7), (8) or (10)(b) 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 (3), (4), (5), (6), (8) or (10)(b) 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 provisions in Part 2 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) a 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) a 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 28E(6),

(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) a third country authorisation, and the pick-up points and set-down points which constitute a cabotage operation if permitted under the third country authorisation,

(k) 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(6), and

(ii) the reference in section 14(4)(b) to section 23 is a reference to section 23(6) 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(6),

(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 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 between the State and a third country, by order—

(a) designate a body or bodies to be 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 referred to in section 28G(6) to the Authority under that section, and

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 on and from the date on which the Interbus Agreement comes into force, in respect of that class of third country bus service, in a third country referred to in section 28B.

(b) Where the Minister is satisfied that an international agreement or protocol to an international agreement concerning the development and promotion of international passenger transport in Europe and to facilitate its organisation and operation is in force in a third country in respect of a class of third country bus service, other than a class of such service referred to in paragraph (a), he or she may declare by order that on and from the date specified in the order, no provision of this Part shall apply to that class of third country bus service.

(c) Notwithstanding paragraph (a) or (b), a class of third country bus service provided under and in accordance with this Part may continue to be so provided—

(i) as regards a class of third country bus service referred to in the Interbus Agreement, for 14 days beginning on the day the Interbus Agreement comes into force in that third country in respect of that class of third country bus service, and

(ii) as regards a class of third country bus service referred to in an order of the Minister under paragraph (b), for 2 weeks from the day the Minister makes the order.

(2) Where a third country in section 28B(a) is the United Kingdom, sections 28B(a) and 28C(d) shall cease to have effect on 1 January 2022.

(3) In subsection (1), ‘Interbus Agreement’ means the agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) approved by Council Decision of 3 October 2002[^17] and Decision No. 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement (2012/25/EU)[^18].

99. **Definition (Part 14)**

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

100. Amendment of section 287 of Act of 2005

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

(a) in subsection (1), by the substitution of “social assistance under Part 3, child benefit under Part 4, or any other scheme, or payment, under this Act” 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 child benefit”, 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—

(a) a reciprocal or other arrangement that is the subject of the order is to apply to persons, or different categories of persons, to whom a different reciprocal or other arrangement, provided for in another order under this section, applies, and

(b) the different reciprocal or other arrangement referred to in paragraph (a) is to apply to persons, or different categories of persons, to whom the reciprocal or other arrangement that is the subject of the order applies.

(4) In this section, a reference to ‘reciprocal or other arrangement’ includes an agreement which is intended to be binding on the State, 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.”.

101. Transfer of personal data, under Part 11B, to compensator in United Kingdom

101. The Act of 2005 is amended by the insertion of the following section after section 343PA:

“343PB. (1) Where—

(a) a compensator is subject to the laws, regulations and administrative procedures of the United Kingdom, and

(b) an injured person has received, is receiving, or may receive, a specified benefit,

the Minister shall, for the purposes of this Part and subsection (2), transfer to a compensator referred to in paragraph (a) personal data specified in subsection (3) in respect of an injured person referred to in paragraph (b) in all or any of the following:

(i) a statement of recoverable benefits issued by the Minister under section 343P(3) or section 343PA(1);

(ii) a revised statement of recoverable benefits issued by the Minister under section 343PA(2);

(iii) a refund made by the Minister under section 343U.

(2) The personal data referred to in subsection (1) in respect of an injured person referred to in subsection (1)(b), that are transferred in a statement, or refund, referred to in subsection (1), are necessary for the payment to the Minister, by a compensator referred to in subsection (1)(a), of any specified benefit received by, or which may be received by, an injured person referred to in subsection (1)(b) to whom, or in respect of whom, a compensation payment is made by that compensator.

(3) The personal data referred to in subsection (1) are personal data within the meaning of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^19] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC that are—

(a) required for the purposes and effective operation of this Part and subsection (2), and

(b) held by the Minister for those purposes and that operation.”.

102. Consequential amendments of Act of 2005

102. 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”,

“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 15 Amendment of Protection of Employees (Employers’ Insolvency) Act 1984

103. **Definition (Part 15)**

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

104. Amendment of section 1 of Act of 1984

104. 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 such 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 2008[^20] 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.”.

105. Amendment of section 4 of Act of 1984

105. 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.”.

106. Amendment of section 7 of Act of 1984

106. 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.”.

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

107. 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 (including special categories of personal data) of those employees, and documentation relevant to such 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 or documentation, as the case may be, are necessary to the performance of the functions of a relevant officer, an actuary or a person performing a similar task, or otherwise for the performance 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

(3) In this section—

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^21] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

‘personal data’ has the same meaning as it has in Article 4 of the General Data Protection Regulation;

‘special categories of personal data’ means personal data referred to in Article 9(1) of the General Data Protection Regulation.”.

PART 16 Amendment of Extradition Act 1965

108. **Definition (Part 16)**

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

109. Amendment of section 4 of Act of 1965

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

110. Irish citizens

110. 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.”.

111. Amendment of section 23 of Act of 1965

111. 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

“(2) The Minister for Foreign Affairs 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 17 Immigration

112. **Definition (Part 17)**

112. In this Part, “Act of 2004” means the Immigration Act 2004.

113. Amendment of section 2 of Act of 2004

113. Section 2(2) of the Act of 2004 is amended—

(a) in paragraph (d), by the substitution of “the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977),” for “the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977), or”,

(b) in paragraph (e), by the substitution of “the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or” for “the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997).”, and

“(f) the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015).”.

114. Amendment of section 11 of Act of 2004

114. Section 11 of the Act of 2004 is amended by the substitution of the following subsection for subsection (5):

“(5) In this section and section 12—

‘non-national’ means a person who is not—

(a) an Irish citizen,

(b) a citizen of the United Kingdom of Great Britain and Northern Ireland, or

(c) a person who has established a right to enter and be present in the State under the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977), the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997) or the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015);

‘United Kingdom of Great Britain and Northern Ireland’ includes the Channel Islands and the Isle of Man and ‘citizen of the United Kingdom of Great Britain and Northern Ireland’ shall be construed accordingly.”.

PART 18 International Protection

115. **Definition (Part 18)**

115. In this Part, “Act of 2015” means the International Protection Act 2015.

116. **Application (Part 18)**

116. The amendments effected by this Part shall not apply in respect of a person whose application for international protection has been determined, on or before the coming into operation of this Part, under section 21(11) of the Act of 2015 to be inadmissible.

117. Amendment of section 2 of Act of 2015

117. Section 2(1) of the Act of 2015 is amended by the insertion of the following definitions:

“‘return order’ has the meaning assigned to it by section 51A;

‘safe third country’ means a country that has been designated under section 72A as a safe third country;”.

118. Amendment of section 19 of Act of 2015

118. Section 19(1) of the Act of 2015 is amended—

(a) in paragraph (a), by the substitution of “an applicant,” for “an applicant, or”,

(b) in paragraph (b)(iii), by the substitution of “found in the State, or” for “found in the State.”, and

“(c) for the purpose of establishing whether the circumstances referred to in section 21(2)(b) or (c) apply in relation to the person, take or cause to be taken the fingerprints of a person who is the subject of an application for international protection.”.

119. Amendment of section 21 of Act of 2015

119. Section 21 of the Act of 2015 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A), a person” for “A person”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) Subsection (1) shall not apply to a person who is deemed under section 50A(4) or 51C(5), as the case may be, to have made an application for international protection in accordance with section 15.”,

(i) in paragraph (b), by the substitution of “person;” for “person.”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(c) the person arrived in the State from a safe third country that is, in accordance with subsection (17), a safe country for the person.”,

and

(d) by the insertion of the following subsections after subsection (16):

“(17) For the purposes of this section, a safe third country is a safe country for a person if he or she—

(a) having regard to the matters referred to in subsection (18), has a sufficient connection with the country concerned on the basis of which it is reasonable for him or her to return there,

(b) will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment or punishment, and

(18) For the purposes of subsection (17)(a), the matters to which regard shall be had include (but are not limited to) the following:

(a) the period the person concerned has spent, whether lawfully or unlawfully, in the country concerned;

(b) any relationship between the person concerned and persons in the country concerned, including nationals and residents of that country and family members seeking to be recognised in that country as refugees;

(c) the presence in the country concerned of any family members, relatives or other family relations of the person concerned;

(d) the nature and extent of any cultural connections between the person concerned and the country concerned.”.

120. Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)

120. The Act of 2015 is amended by the insertion of the following section after section 50:

“50A. (1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—

(a) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

(b) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

(2) In forming his or her opinion of the matters referred to in subsection (1), the Minister shall have regard to—

(a) the information (if any) submitted by the person under subsection (3), and

(b) any relevant information presented by the person, including any statement made by him or her at his or her preliminary interview and any information presented for the purpose of an appeal by the person under section 21(6).

(3) A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister under this section, inform the Minister forthwith of that change.

(4) A person who, but for the operation of subsection (1), would be the subject of a return order under section 51A, shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date on which the Minister forms the opinion that subsection (1) applies to the person, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.

(5) The Minister shall as soon as practicable after he or she forms the opinion that subsection (1) applies to a person—

(a) send the person, and his or her legal representative (if known), a notice in writing—

(i) informing him or her of the effect of subsection (4), and

(ii) inviting the person to complete, in respect of his or her application referred to in subsection (4), the form prescribed under section 15(5),

and

(b) give or cause to be given to the person a statement under section 18(1).

(6) In this section, ‘person’ means a person whose application for international protection has been determined under section 21(11) to be inadmissible.”.

121. Amendment of Act of 2015 - insertion of sections 51A to 51C

121. The Act of 2015 is amended by the insertion of the following sections after section 51—

“Return order

51A. (1) Subject to section 50A, the Minister shall by order (in this Act referred to as a ‘return order’) require a person whose application for international protection has been determined under section 21(11) to be inadmissible to leave the State.

(2) Where subsection (1) applies, the person specified in the return order may be returned:

(a) where the circumstances referred to in section 21(2)(a) apply in relation to him or her, to the Member State that has granted refugee status or subsidiary protection to the person;

(b) where the circumstances referred to in section 21(2)(b) apply in relation to him or her, to the first country of asylum for the person;

(c) where the circumstances referred to in section 21(2)(c) apply in relation to him or her, to the safe third country that is a safe country for the person.

(3) Where the Minister makes a return order, he or she shall notify the person specified in the order and his or her legal representative (if known) of the making of the order.

(4) A notification under subsection (3) shall be in a language that the person concerned may reasonably be supposed to understand, where—

(a) the person is not assisted or represented by a legal representative, and

(b) legal assistance is not available to the person.

(5) A return order shall be in the form prescribed or in a form to the like effect.

Return of person subject of return order

51B. (1) An immigration officer or a member of the Garda Síochána may, for the purpose of facilitating the return of a person the subject of a return order, by notice in writing require the person to comply with one or more of the following conditions:

(a) that he or she present himself or herself to such immigration officer or member of the Garda Síochána at such date, time and place as may be specified in the notice;

(b) where, and only for so long as, it is reasonably necessary to facilitate his or her return, that he or she surrender his or her passport and any other travel document that he or she holds;

(c) that he or she co-operate in any way necessary to enable an immigration officer or a member of the Garda Síochána to obtain a passport or other travel document, travel ticket or other document required for the purpose of such return;

(d) that he or she reside or remain in a particular place in the State pending his or her return.

(2) A notice under subsection (1) shall be in a language that the person concerned may reasonably be supposed to understand.

(3) A person the subject of a return order shall comply with a requirement under subsection (1).

(4) Where an immigration officer or a member of the Garda Síochána considers that there is a significant risk of a person the subject of a return order absconding, the officer or member (‘arresting officer or member’) may, for the purpose of facilitating the return of the person, arrest the person without warrant and a person so arrested may be taken by an immigration officer or a member of the Garda Síochána to a prescribed place (in this section referred to as a ‘place of detention’) and detained—

(a) in the place of detention under warrant of the arresting officer or member and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of the place, and

(b) for a period not exceeding 7 days.

(5) For the purpose of arresting a person under subsection (4), an immigration officer or member of the Garda Síochána may enter (if necessary by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or member, with reasonable cause, suspects the person to be and, where the premises is a dwelling, the immigration officer or member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or member to be in charge of the dwelling, enter that dwelling unless—

(a) the person ordinarily resides at the dwelling, or

(b) he or she believes on reasonable grounds that the person is within the dwelling.

(6) The matters to which an officer or member referred to in subsection (4) may have regard, in considering for the purposes of that subsection whether there is a significant risk of a person the subject of a return order absconding, include the following:

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