Garda Síochána (Functions and Operational Areas) Act 2022

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Garda Síochána (Functions and Operational Areas) Act 2022.

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

2. Definitions

2. In this Act—

“Act” has the same meaning as it has in section 2(1) of the Interpretation Act 2005;

“Act of 1925” means the Firearms Act 1925;

“Act of 2005” means the Garda Síochána Act 2005;

“Commissioner of the Garda Síochána” means the person for the time being appointed as the Commissioner of the Garda Síochána in accordance with section 9 of the Act of 2005, or a person performing the functions of the Commissioner of the Garda Síochána pursuant to an authorisation under section 32 of that Act;

“county of Dublin” means the area comprising the local government areas (within the meaning of the Local Government Act 2001) of—

(a) Dún Laoghaire-Rathdown,

(b) Fingal,

(c) South Dublin, and

(d) Dublin City;

“Dublin Metropolitan Region” means the operational area of the Garda Síochána known by that name that comprises the county of Dublin, whether or not it also comprises an area of any other county, as determined by the Commissioner of the Garda Síochána under section 33(1) of the Act of 2005;

“enactment” has the same meaning as it has in section 2(1) of the Interpretation Act 2005;

“equivalent division” means, in relation to a Garda district in being immediately before the date on which this section comes into operation, the Garda Síochána division that contains the geographical area of which the district comprised;

“Garda Síochána division” means a division of the Garda Síochána in being that was—

(a) created under a determination under section 33(1) of the Act of 2005 on or after the date on which this section comes into operation,

(b) continued in being on that date by virtue of a determination under section 33(1) of the Act of 2005, or

(c) continued in being on that date by virtue of section 3(2);

“Minister” means the Minister for Justice;

“operational area” means an area in which the Garda Síochána are distributed and stationed in the State as may be determined from time to time by the Commissioner of the Garda Síochána;

“statutory instrument” has the same meaning as it has in section 2(1) of the Interpretation Act 2005.

3. Revocation

3. (1) The Regulations of 1924, in so far as they are not already revoked, are revoked.

(2) Subject to subsections (3) and (4), on or after the date on which this section comes into operation, notwithstanding the revocation of the Regulations of 1924 by subsection (1), Regulation 1 of those Regulations shall remain in operation in respect of each Division to which it applies.

(3) Regulation 1 of the Regulations of 1924 shall no longer apply in respect of a Division where, on or after the date on which this section comes into operation, the Commissioner of the Garda Síochána makes a determination under section 33(1) of the Act of 2005 in respect of the area previously covered by the Division.

(4) The determination referred to in subsection (3) is a determination specifying the Garda Síochána division in which the area previously covered by the Division is situated.

(5) In this section—

“Division” means a Division referred to in Regulation 1 of the Regulations of 1924;

“Regulations of 1924” means the Garda Siochana (Designations, Appointments and Discipline) Regulations 1924 (30/06/1924).

PART 2 Amendments

4. Amendment of enactments relating to functions and operational areas of Garda Síochána

4. (1) Each provision, specified in column (4) of Schedule 1, of the corresponding Act specified in column (3) of that Schedule, is amended in the manner specified in column (5) of that Schedule opposite the mention of that provision.

(2) Each provision, specified in column (4) of Schedule 2, of the corresponding statutory instrument specified in column (3) of that Schedule, is amended in the manner specified in column (5) of that Schedule opposite the mention of that provision.

5. Amendment of certain enactments by substitution of “area” for “district”

5. (1) Each provision, specified in column (4) of Schedule 3, of the corresponding Act specified in column (3) of that Schedule, is amended in the manner specified in column (5) of that Schedule opposite the mention of that provision.

(2) Each provision, specified in column (4) of Schedule 4, of the corresponding statutory instrument specified in column (3) of that Schedule, is amended in the manner specified in column (5) of that Schedule opposite the mention of that provision.

6. Amendment of Act of 1925

6. The Act of 1925 is amended by the insertion of the following section after section 25C:

“Delegation of certain functions of Superintendent

25CA. (1) A Superintendent in a Garda division may delegate in writing the functions conferred on a Superintendent by the following sections:

(a) section 2(5);

(b) section 2(7);

(c) section 3 in relation to applications for firearm certificates (other than restricted firearm certificates);

(d) section 4A(12);

to an Inspector of the Garda Síochána in the division, to be performed in accordance with this section.

(2) An Inspector to whom functions are delegated under subsection (1) shall not be considered by virtue of that delegation to be acting as a Superintendent within the meaning of section 1(3).

(3) Where functions of a Superintendent are delegated under subsection (1)—

(a) the delegation shall confer on and vest in the Inspector to whom the functions are delegated each of the functions so delegated,

(b) every function so delegated shall be exercisable and performed by the Inspector in his or her own name but subject to the general superintendence and control of the Superintendent who made the delegation and subject to any conditions or restrictions stated in the delegation,

(c) every function so delegated shall, subject to paragraph (b)—

(i) continue to be vested in the Superintendent who made the delegation,

(ii) be vested concurrently with the Inspector to whom the function is delegated, and

(iii) be capable of being exercised or performed by either that Superintendent or that Inspector,

(d) a reference in this Act to a Superintendent performing a function that has been delegated under subsection (1) shall include a reference to the Inspector to whom the function has been delegated,

(e) the Superintendent who made the delegation may at any time revoke the delegation in writing, and

(f) the delegation shall terminate if the Superintendent who made the delegation ceases to be a Superintendent in the division concerned or if the Inspector to whom the delegation is made ceases to be an Inspector in the division concerned.”.

7. Amendment of section 10 of Sex Offenders Act 2001

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8. Amendment of section 92 of Criminal Justice Act 2006

8. Section 92 of the Criminal Justice Act 2006 is amended—

(a) in paragraph (a) of subsection (8), by the substitution of “divisional headquarters or which has been designated by the Commissioner of the Garda Síochána for the purposes of this subsection” for “divisional or district headquarters”,

(b) in paragraph (b) of subsection (8), by the substitution of “headquarters or is designated under paragraph (a)” for “headquarters”, and

(c) by the insertion of the following subsection after subsection (8):

“(8A) A designation under subsection (8)(a) shall be in writing and the Commissioner of the Garda Síochána shall cause a list of the Garda Síochána stations so designated to be published.”.

9. Power to amend certain statutory instruments

9. (1) The Minister may, by regulations made under this section, amend a statutory instrument made under an Act other than this Act, for the following purposes:

(a) to amend a reference to a Garda district or sub-district to refer to a division of the Garda Síochána (howsoever expressed);

(b) to amend a reference to a specified superintendent of the Garda Síochána (including in relation to the performance by the superintendent of functions) to refer to one or more superintendents or inspectors of the Garda Síochána;

(c) to amend a reference to a specified sergeant of the Garda Síochána (including in relation to the performance by the sergeant of functions) to refer to one or more sergeants of the Garda Síochána;

(d) to amend a reference to a specified District Garda Síochána Headquarters to a specified Garda Síochána station;

(e) to amend a definition where that definition refers to a Garda district or a specified superintendent to refer to a division of the Garda Síochána (howsoever expressed) or to one or more superintendents or inspectors of the Garda Síochána, as the case may be;

(f) to provide that a reference in a statutory instrument that came into operation on or after 1 January 1946 to a Garda operational area called the Dublin Metropolitan Area is to be construed as a reference to the Dublin Metropolitan Region;

in order to give effect to a determination of the Commissioner of the Garda Síochána under section 33(1) of the Act of 2005, whether the determination was made before or after the date on which this section comes into operation.

(2) Regulations made under this section may amend more than one statutory instrument, and each such instrument may have been made under a different Act.

(3) Regulations made under this section may include any necessary savings or transitional provisions.

10. Construction of references in certain enactments

10. (1) Subject to subsections (2) and (3), on or after the date on which this section comes into operation, a reference howsoever expressed in any enactment that is in operation on that date—

(a) to a Garda district or a Garda Síochána district, or to a sub-district of any such district, shall be construed as a reference to the equivalent division, and

(b) to—

(i) the superintendent of the Garda Síochána for the district,

(ii) the superintendent of the Garda Síochána of the district,

(iii) the superintendent in the Garda Síochána district,

(iv) the superintendent of the Garda Síochána within whose district,

(v) the superintendent in charge of the Garda Síochána district, or

(vi) the superintendent of the district,

shall be construed as a reference to a superintendent of the Garda Síochána in the equivalent division.

(2) Subsection (1)(a) shall not apply to a reference to an operational area that is referred to in the enactment concerned as, or is, by virtue of any other enactment, to be construed as a reference to, the Dublin Metropolitan District.

(3) Subsection (1) shall not apply to an enactment—

(a) specified in Schedule 1, 2, 3 or 4,

(b) specified in section 6, 7 or 8, or

(c) amended by regulations under section 9.

11. Construction of references to Garda division in certain enactments

11. (1) A reference in an enactment to which this section applies to a Garda division shall be construed as a reference to a Garda Síochána division.

(2) This section applies to an enactment—

(a) specified in Schedule 1 or 2,

(b) specified in section 6, 7 or 8,

(c) amended by regulations under section 9, or

(d) that comes into operation on or after the date on which this section comes into operation.

12. Construction of references to Royal Irish Constabulary or Civic Guard districts in certain enactments

12. (1) A reference in an enactment, other than an enactment amended by this Act, to a district or other operational area of the Royal Irish Constabulary or the Civic Guard insofar as that reference is not already to be construed as a reference to an operational area within the meaning of this Act shall, on and after the date on which this section comes into operation, and unless the contrary intention appears, be construed as a reference to the relevant division.

(2) In this section “relevant division” means the Garda Síochána division that contains the geographical area of which the district or other operational area referred to in subsection (1) comprised.

PART 3 Transitional Provisions

13. General transitional provisions relating to amendment of certain enactments by sections 4 and 10

13. (1) A register that, immediately before the date on which this section comes into operation, was kept by a Superintendent of a Garda district under a relevant provision shall, on and after that date, be kept by the relevant person in the equivalent division.

(2) Where, before the date on which this section comes into operation, a certificate, licence, notice or other document has been granted, made or given by a person under a relevant enactment and is effective immediately before that date—

(a) if the Superintendent of a Garda district granted, made or gave the certificate, licence, notice or other document under a relevant provision, the document shall, on or after that date, be taken to have been granted, made or given by a relevant person in the equivalent division,

(b) a reference in the certificate, licence, notice or other document to the Superintendent of a Garda district (whether by rank or name) in accordance with a relevant provision shall, on or after that date, be taken to be a reference to a relevant person in the equivalent division, and

(c) a reference in the certificate, licence, notice or other document to a Garda district in accordance with a relevant provision shall, on or after that date, be taken to be a reference to the equivalent division.

(3) A document provided, or a notice or notification given, before the date on which this section comes into operation, in accordance with a relevant provision, by a person other than a member of the Garda Síochána, or by a court, to the Superintendent of a Garda district and that is effective immediately before that date, shall, on or after that date, be taken to have been provided or given to a relevant person in the equivalent division.

(4) If an order of a court has been made under a relevant enactment before the date on which this section comes into operation and is in effect immediately before that date, a reference in the order, under a relevant provision, to a Garda district or to the Superintendent of a Garda district shall, on or after that date, be taken to be a reference to the equivalent division or, as the case may be, to a relevant person in the equivalent division.

(5) Where, immediately before the date on which this section comes into operation, any legal proceedings relating to any act or decision of the Superintendent of a Garda district under a relevant provision or to which a relevant provision refers are pending or in being (including proceedings where an appeal of a decision may be made), the relevant person in the equivalent division shall be substituted in the proceedings for that of the Superintendent of the Garda district and the proceedings shall not abate by reason of such substitution.

(6) Where a relevant enactment is amended by this Act, any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, the relevant enactment before the date on which this section comes into operation may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, and for those purposes—

(a) any step in the proceedings in accordance with a relevant provision may be taken with reference to the equivalent division or taken by or with reference to the relevant person, as the case may be, and

(b) the proceedings shall not abate by reason of the operation of this Act.

(7) Where a process (including any type of application process) provided for in a relevant enactment is ongoing at the date on which this section comes into operation and one or more steps in the process was taken in accordance with the relevant enactment before that date—

(a) if any step in the process was taken by or with reference to the Superintendent of a Garda district before that date in accordance with a relevant provision, it shall, on or after that date, be taken to have been made by or with reference to the relevant person in the equivalent division,

(b) if any step in the process was taken with reference to a Garda district before that date in accordance with a relevant provision, it shall, on or after that date, be taken to have been taken with reference to the equivalent division,

(c) other steps in the process may be taken on or after that date in accordance with the relevant enactment as amended by this Act, and

(d) any right of appeal may be exercised in accordance with the relevant enactment concerned as amended by this Act.

(8) Where, before the date on which this section comes into operation, the Superintendent of a Garda district does an act or performs a function that is in effect immediately before that date under a relevant provision, then, on or after that date, the act shall be deemed to have been done, or the function performed, by the relevant person in the equivalent division.

(9) This section is without prejudice to sections 14 to 23.

(10) In this section—

“relevant enactment” means—

(a) an enactment specified in column (3) of Schedule 1,

(b) a statutory instrument specified in column (3) of Schedule 2, or

(c) an enactment to which section 10 applies;

“relevant person” means the member of the Garda Síochána referred to in a relevant provision as amended—

(a) in column (5) of Schedule 1,

(b) in column (5) of Schedule 2, or

(c) by section 10;

“relevant provision” means a provision—

(a) listed in column (4) of Schedule 1 or column (4) of Schedule 2, as the case may be, of a relevant enactment, or

(b) that contains a reference to which paragraph (a) or (b) of section 10(1) applies, and is a provision of an enactment referred to in paragraph (c) of the definition of “relevant enactment”.

14. Additional transitional provision relating to amendment of Petty Sessions (Ireland) Act 1851 by section 4(1)

14. A warrant that—