POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

• (5) Where, on being informed of the Director’s opinion about the matter, the Oireachtas committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.

• (6) The Director or the Oireachtas committee may apply in a summary manner to the High Court for a determination under subsection (5), but only where the application is made within 21 days after the date on which the Director is informed of the committee’s decision not to withdraw its request.

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

• (8) Where the High Court determines under subsection (5) that subsection (2) applies to the matter, the Oireachtas committee shall withdraw its request in so far as it relates to the matter, but where the Court determines under subsection (5) that subsection (2) does not apply, the Director shall attend before the committee to give account for the matter.

• (9) In carrying out duties under this section, the Director shall not—

• (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy, or

• (b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of any person.

111. Staff of National Office

111. (1) The Director may, having consulted with the Steering Group and with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such and so many persons to be members of the staff of the National Office as he or she may determine.

• (2) The terms and conditions of service of a member of the staff of the National Office, and the grade at which he or she serves, shall be such as may be determined from time to time by the Director with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (3) There shall be paid by the Minister to the members of the staff of the National Office such remuneration and allowances as, from time to time, the Director, with the approval of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines.

112. Superannuation (Part 3)

112. (1) The National Office shall, with the approval of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of any person appointed Director or any person who, on becoming a member of staff of the National Office, does not become a member of the Single Public Service Pension Scheme.

• (2) A scheme under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

• (3) The National Office may, with the approval of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme amending a scheme under this section including a scheme under this subsection.

• (4) A scheme under this section shall, if approved by the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, be carried out by the National Office in accordance with its terms.

• (5) A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

• (6) Where any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable pursuant to a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure, National Development Plan Delivery and Reform, whose decision shall be final.

• (7) No superannuation benefits shall be granted by the National Office to or in respect of a person on ceasing to be the Director or a member of the staff otherwise than—

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

• (b) with the approval of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (8) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (9) Subsection (8) shall, with all necessary modifications, apply to an amendment to a scheme under this section as it applies to a scheme under this section.

• (10) In this section—

“amending”, in relation to a scheme under this section, includes revoking the scheme;

“superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person ceasing to be the Director or a member of the staff of the National Office.

113. Provision of services to National Office

113. The Minister shall, having consulted with the other relevant Ministers and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, provide the National Office with such funds, premises, facilities and services as may be necessary for the proper functioning of the office.

114. Regulations concerning safety partnerships

114. (1) The Minister, having consulted with the other relevant Ministers, shall make regulations concerning the establishment and operation of local community safety partnerships (in this Part referred to as a “safety partnership”).

• (2) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for the following:

• (a) the establishment of one or more safety partnerships in the administrative area of each local authority;

• (b) the dissolution of safety partnerships;

• (c) the membership of safety partnerships, including—

• (i) the sectors to be represented in the membership, including the proportion of such membership to be represented by each such sector,

• (ii) requirements for gender balance and diversity in the membership, and

• (iii) the appointment of—

• (I) members of the local authority nominated for that purpose,

• (II) representatives of public service bodies nominated for that purpose,

• (III) representatives of local community and voluntary bodies involved in activities related to community safety, and

• (IV) such other persons (including persons representing local community interests) as may be specified in the regulations;

• (d) subject to subsection (3), the election of a chairperson and vice-chairperson of a safety partnership, and the procedures to apply to ensure fairness and equity in the election process;

• (e) the selection procedures to apply to the appointment of the persons specified in clauses (III) and (IV) of paragraph (c)(iii) so as to ensure fairness and equity in the appointment process;

• (f) the terms and conditions of office of the chairperson, vice-chairperson and other members of safety partnerships;

• (g) the procedures to apply in relation to the conduct of the business of safety partnerships, including the procedures to apply to ensure fairness and equity in the decisions of safety partnerships;

• (h) the circumstances in which meetings of safety partnerships may be held, including the holding of meetings in public;

• (i) the resources to be made available to safety partnerships;

• (j) the procedures to apply where safety partnerships are carrying out their function under section 116(1)(a);

• (k) the procedures to apply where safety partnerships are carrying out their function under section 116(1)(h);

• (l) the establishment, dissolution, membership, procedures, maintenance and functions of such committees as safety partnerships may consider necessary;

• (m) the attendance of representatives of the Authority at meetings of safety partnerships and their committees for the purposes of the performance by the Authority of its functions;

• (n) the convening by the Authority of meetings of the chairpersons and vice chairpersons of safety partnerships where such meetings would assist the Authority in the performance of its functions;

• (o) the cooperation of safety partnerships with other safety partnerships, public service bodies, Local Community Development Committees established pursuant to section 49A of the Local Government Act 2001 and such other persons as the Minister may require;

• (p) the dissolution of joint policing committees.

• (3) Regulations under subsection (1) shall not, insofar as they make provision for the election of a chairperson and vice-chairperson of a safety partnership, make provision that precludes the election of members of local authorities as such a chairperson or vice-chairperson.

115. Regulations concerning area-based neighbourhood community safety fora

115. The Minister, having consulted with the other relevant Ministers, may make regulations concerning the following:

• (a) the establishment, dissolution, membership, procedures, maintenance and operation by a safety partnership of area-based neighbourhood community safety fora within the functional area of the safety partnership;

• (b) the dissolution of local policing fora;

• (c) without prejudice to paragraph (b), the continued operation of—

• (i) a local policing forum as an area-based neighbourhood community safety forum within the administrative area of the local authority in relation to which the local policing forum was established, or

• (ii) a class of such local policing fora as area-based neighbourhood community safety fora;

• (d) any necessary transitional measures related to the continued operation referred to in paragraph (c), including the specification of a revised geographic area of a local policing forum so continued as an area-based neighbourhood community safety forum.

116. Functions of safety partnerships

116. (1) A safety partnership shall have the following functions:

• (a) to act as a forum for the discussion of community safety concerns and for the development, coordination and implementation of coherent and integrated approaches to improving community safety at a local level;

• (b) to develop and adopt, on a 3 yearly basis, a plan to improve community safety in its functional area (in this Part referred to as a “local community safety plan”) having regard to the national strategy and in accordance with any guidance in that regard which may be issued by the National Office;

• (c) to undertake public consultation for the purpose of identifying local community safety objectives and priorities to inform the development of a local community safety plan;

• (d) to implement or arrange for the implementation of a local community safety plan;

• (e) to monitor and review, on an ongoing basis, the implementation of a local community safety plan, including its performance against any benchmarks or indicators of performance set out in the plan or other relevant indicators;

• (f) to undertake a review of a local community safety plan at least once within the lifecycle of the plan and, after any such review, amend the plan as appropriate;

• (g) to collaborate and coordinate with relevant stakeholders in relation to actions under a local community safety plan, a Local Economic and Community Plan made pursuant to section 66B of the Local Government Act 2001 and any other plans relevant to its functional area;

• (h) where a local policing plan relevant to the functional area of the safety partnership is being, or has been, prepared, to provide views on such preparation or on the progress of the implementation of any such plan to the relevant divisional officer for the Garda Síochána division or part thereof to which the plan relates;

• (i) to host public meetings concerning matters relating to community safety in its functional area;

• (j) to coordinate and support area-based neighbourhood community safety fora in its functional area where appropriate;

• (k) to provide such information as may be requested by the National Office from time to time;

• (l) to prepare and submit to the National Office an annual report and such other reports as the National Office may request, relating to the performance of its functions, in such form and within such period as the National Office may specify.

• (2) A safety partnership, a committee of a safety partnership or an area-based neighbourhood community safety forum shall not consider matters relating to a specific criminal investigation or prosecution or matters relating to the security of the State.

• (3) A statement that, in the course of a discussion at a meeting of a safety partnership, a committee of a safety partnership or an area-based neighbourhood community safety forum, is made in any form and without malice by a member of the partnership, committee or forum or by a person attending the meeting at the request of the partnership, committee or forum is privileged for the purposes of the law of defamation and so is any subsequent publication without malice of the statement made.

• (4) In this section—

“local policing plan” means a plan prepared by An Garda Síochána for the provision of policing services in a Garda Síochána division, or part thereof;

“relevant divisional officer” means a chief superintendent who is for the time being in charge of a Garda Síochána division.

117. Staffing of safety partnerships

117. (1) The chief executive of a local authority shall assign such and so many employees of the local authority to assist a safety partnership in the performance of its functions as he or she may determine.

• (2) The chief executive of a local authority shall, from amongst the persons assigned pursuant to subsection (1) to assist a safety partnership, designate a person to be the manager of the safety partnership and the person so designated shall carry out, manage and control generally the administration and business of the partnership and arrange for the provision of appropriate administrative, secretarial and other support for the safety partnership.

118. Duties of public service bodies

118. (1) A public service body shall, in performing its functions, take all reasonable steps to improve community safety, including through the prevention of crime and through the prevention of harm to individuals, in particular those who are vulnerable or at risk.

• (2) A public service body shall, having regard to the functions and size of the body and the resources available to it—

• (a) set out in its strategic plan (howsoever called) an assessment of the issues affecting community safety it believes to be relevant to the functions of the body and the policies, plans and actions in place or proposed to be put in place to address those issues, and

• (b) report on developments and achievements in that regard in its annual report (howsoever called).

• (3) Public service bodies shall cooperate with each other, as appropriate, in the performance of their functions for the purposes of improving community safety, including through the prevention of crime and through the prevention of harm to individuals, in particular those who are vulnerable or at risk.

• (4) Cooperation as referred to in subsection (3) includes cooperating through the sharing of documents and information (including personal data within the meaning of the Data Protection Regulation) in accordance with law and to the extent that is necessary and proportionate for the purpose of the performance of the functions referred to in that subsection.

• (5) Subsections (1) and (3) shall not be taken to confer on any person a right in law that the person would not otherwise have to require a public service body to take any steps referred to in those subsections or to seek damages for the failure to take such steps.

PART 4 Authority

Chapter 1 Definitions (Part 4)

119. Definitions (Part 4)

119. In this Part—

“chairperson of the Authority” has the meaning assigned to it by section 123(1)(a);

“committee of the Authority” means a committee established under section 128(1);

“establishment day of the Authority” means the day appointed under section 120;

“Garda Síochána Inspectorate” means the Garda Síochána Inspectorate established by section 114 of the Act of 2005;

“inspection” means an inspection carried out under subsection (1) or (2) of section 143 and includes a joint inspection;

“inspector of policing services” means a member of the staff of the Authority appointed under section 142(1);

“joint inspection” has the meaning assigned to it by section 143(3);

“Policing Authority” means the Policing Authority established by section 62B of the Act of 2005;

“prescribed inspection body” has the meaning assigned to it by section 144(1);

“previous service”, in relation to a person, means service by the person with the Policing Authority prior to his or her becoming a member of staff of the Authority pursuant to section 155.

Chapter 2 Authority

120. Establishment day of Authority

120. The Minister shall, by order, appoint a day to be the establishment day of the Authority for the purposes of this Act.

121. Establishment of Authority

121. (1) There shall stand established on the establishment day of the Authority a body which shall be known as An tÚdarás Póilíneachta agus Sábháilteachta Pobail (in this Act referred to as the “Authority”) to perform the functions conferred on it by or under this Act or any other enactment.

• (2) The Authority shall be a body corporate with perpetual succession and an official seal and with the power—

• (a) to sue and be sued in its corporate name, and

• (b) with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, to acquire, hold and dispose of any property other than land or an interest in land.

• (3) The Authority shall provide itself with a seal as soon as practicable after the establishment day of the Authority and the seal shall be authenticated by the signatures of both—

• (a) a member of the Authority, and

• (b) the chief executive of the Authority or such other member of the staff of the Authority as is authorised by the Authority to act in that behalf.

• (4) Judicial notice shall be taken of the seal of the Authority and any document purporting—

• (a) to be an instrument made by the Authority, and

• (b) to be sealed with the seal of the Authority authenticated in accordance with subsection (3),

shall, unless the contrary is shown, be evidence of that instrument without further proof.

• (5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority in that behalf.

122. Objective, functions and powers of Authority

122. (1) The objective of the Authority shall be to oversee and assess in an independent and transparent manner the performance by An Garda Síochána of its function relating to policing services in order to support the effective provision and continuous improvement of such services to the benefit of the safety of the public.

• (2) Subject to this Act, the Authority shall have the following functions:

• (a) to further its objective as far as practicable;

• (b) to keep under review the performance by An Garda Síochána of its function relating to policing services, including the delivery by An Garda Síochána of the objectives—

• (i) set out in the annual service plan as laid under section 65(12) or 66(10) in so far as it relates to policing services, and

• (ii) of the national strategy as it relates to policing services;

• (c) to keep under review the arrangements and strategies in place to support and enhance the performance by An Garda Síochána of its function relating to policing services;

• (d) to carry out inspections;

• (e) to prepare reports of inspections carried out and to make such recommendations to the Garda Commissioner or the Minister, as the case may be, for any action as the Authority considers necessary arising from inspections;

• (f) to monitor and assess the implementation by An Garda Síochána of such recommendations arising from inspections as the Authority considers appropriate or as may be requested by the Minister;

• (g) to monitor and assess the implementation by An Garda Síochána of such recommendations relating to policing services arising from investigations, inspections, inquiries or reviews carried out by bodies other than the Authority (whether before or after the establishment day of the Authority), as the Authority considers appropriate or as may be requested by the Minister;

• (h) to promote the policing principles;

• (i) to promote professional policing standards (including human rights standards) and the continuous improvement of policing having regard to best international practice;

• (j) to promote public awareness of matters relating to policing services;

• (k) to keep the Minister informed of developments in respect of matters relating to policing services and to make recommendations to assist the Minister in coordinating and developing policy in that regard;

• (l) to keep itself generally informed of—

• (i) trends and patterns in the use of force by members of An Garda Síochána, and statistics in relation thereto,

• (ii) trends and patterns in crimes committed, and statistics in relation thereto,

• (iii) complaints made against members of garda personnel,

• (iv) the arrangements for the recruitment, training and development of members of garda personnel,

• (v) the mechanisms in place within An Garda Síochána for the measurement of performance and accountability of members of garda personnel, and

• (vi) the arrangements for managing and deploying the resources available to An Garda Síochána;

• (m) to promote inter-agency collaboration and community engagement to improve community safety;

• (n) to undertake, commission or assist in research projects (including by way of public consultation) and other activities in respect of matters relating to policing services which, in the opinion of the Authority, may—

• (i) promote improvements in standards of policing services and public awareness of such services,

• (ii) promote improvements in inter-agency collaboration and community engagement to improve community safety, or

• (iii) contribute to a reduction in the number of complaints against members of garda personnel or An Garda Síochána in relation to policing services,

and make recommendations to the Garda Commissioner and the Minister arising from those projects or activities;

• (o) to provide advice to the Minister with regard to best policing practice;

• (p) to provide views to the Garda Commissioner in relation to the content of a strategic plan for An Garda Síochána to be prepared under section 63 in so far as it relates to matters concerning policing services;

• (q) to provide views to the Garda Commissioner, in so far as is possible prior to the publication by the Government of the Estimates for Public Services (within the meaning of section 17 of the Ministers and Secretaries (Amendment) Act 2011) each year and in any event no later than 7 days after such publication, in relation to the content of an annual service plan for An Garda Síochána to be prepared under section 65 in so far as it relates to the provision of policing services;

• (r) to ensure that the Authority has appropriate policies, plans and actions in place to enable compliance with its obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014;

• (s) to perform any other functions conferred on it by or under this Act or any other enactment.

• (3) For the avoidance of doubt, the performance by the Authority of its functions shall not incorporate management of the performance of the Garda Commissioner.

• (4) In performing its functions, the Authority shall have regard to—

• (a) the policies and objectives of the Government and any Minister of the Government in so far as the policies and objectives may affect or relate to the functions of the Authority,

• (b) the functions of the Board concerning the governance of An Garda Síochána,

• (c) the need to cooperate, and coordinate its activities, with public authorities, the performance of whose functions may affect or relate to the functions of the Authority, and

• (d) the importance of the function of An Garda Síochána concerning security services.

• (5) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.

• (6) The Authority may perform any of its functions through or by the chief executive of the Authority or member of its staff duly authorised in that behalf by the Authority.

• (7) The chief executive of the Authority or other member of the staff of the Authority who, pursuant to subsection (6), performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.

• (8) The Authority may provide for the performance by a committee of the Authority of one or more of its functions under the general direction of the Authority.

• (9) The Authority shall furnish to the Minister such information regarding the performance of the Authority’s functions as the Minister may from time to time require.

• (10) The Authority shall keep the Minister informed of matters relevant to the accountability of the Government to the Houses of the Oireachtas.

• (11) Subject to this Act, the Authority shall be independent in the performance of its functions.

123. Membership of Authority

123. (1) The Authority shall comprise the following members:

• (a) a chairperson (in this Part referred to as the “chairperson of the Authority”);

• (b) 8 ordinary members.

• (2) The members of the Authority shall be appointed by the Government.

• (3) Subject to subsection (11) and section 125(5), a person shall not be appointed as a member of the Authority unless a resolution has been passed by each House of the Oireachtas recommending the appointment of the person.

• (4) Subject to subsection (11) and section 125(5), the Government shall appoint the members of the Authority from among such persons as are recommended by the Service in accordance with section 124 for appointment as such members.

• (5) The Government shall, in so far as is practicable, endeavour to ensure that among the members of the Authority there is an equitable balance between men and women.

• (6) Subject to subsection (7), the chairperson of the Authority shall be appointed by the Government from among the members of the Authority.

• (7) The Government may, before the establishment day of the Authority, designate a person to be appointed as the first chairperson of the Authority.

• (8) Where, immediately before the establishment day of the Authority, a person stands designated under subsection (7), the person shall, on that day, stand appointed as the first chairperson of the Authority.

• (9) The Government may, before the establishment day of the Authority, designate persons to be appointed as the first ordinary members of the Authority.

• (10) Where, immediately before the establishment day of the Authority, a person stands designated under subsection (9), the person shall, on that day, stand appointed as an ordinary member of the Authority.

• (11) Subsections (3) and (4) and section 124 shall not apply in respect of the designation of—

• (a) a person as the first chairperson of the Authority under subsection (7), or

• (b) persons as the first ordinary members of the Authority under subsection (9).

124. Recommendations for appointment of ordinary members of Authority

124. (1) Subject to section 123(11), the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Minister persons who are suitable for appointment by the Government as members of the Authority.

• (2) Subject to subsection (3), the Minister shall agree with the Service the selection criteria and process that are to apply to a selection competition under this section.

• (3) A person shall not be recommended by the Service for appointment as a member of the Authority unless the Service is satisfied that the person is suitable for such appointment by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate, having regard, in particular to—

• (a) the functions of the Authority, and

• (b) the desirability of such members possessing experience, qualifications, training or expertise in matters connected to the following:

• (i) policing services;

• (ii) the criminal justice system;

• (iii) human rights, equality and diversity;

• (iv) services for victims of crime;

• (v) healthcare, child and social services;

• (vi) improving the safety of communities including through inter-agency collaboration and community engagement to promote the prevention of crime and the prevention of harm to individuals, in particular those who are vulnerable or at risk;

• (vii) public sector administration;

• (viii) business and innovation;

• (ix) board management and corporate governance;

• (x) data protection;

• (xi) financial management and, in particular, the allocation, management of and accountability for the effective use of financial resources.

• (4) The Service shall provide the Minister with particulars of the experience, qualifications, training and expertise of each person whom it recommends under this section as suitable for appointment as a member of the Authority.

125. Terms of appointment and conditions of office of members of Authority

125. (1) Subject to subsection (2), a member of the Authority shall hold office, unless the member sooner dies, resigns, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the Government shall determine.

• (2) Of the ordinary members of the Authority that are first appointed under this Act—

• (a) 4 members shall hold office for a period of 4 years from the date of their respective appointments as such ordinary members, and

• (b) 4 members shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members.

• (3) Subject to subsection (4), a member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment as a member of the Authority.

• (4) A person who is reappointed as a member of the Authority in accordance with subsection (3) shall not hold office for periods the aggregate of which exceeds 8 years.

• (5) Where it is proposed to reappoint a person as a member of the Authority, it shall not be necessary for the person—

• (a) to participate in a selection competition undertaken by the Service under section 124,

• (b) to be recommended by the Service in accordance with section 124 for appointment, or

• (c) to be recommended for appointment by a resolution passed by each House of the Oireachtas in accordance with section 123(3).

• (6) The members of the Authority shall hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, at the time of appointment or reappointment.

• (7) A member of the Authority may resign from office by notice in writing to the Minister and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Government agree to that date, on that date.

• (8) Subject to section 130(8), the Authority may act notwithstanding one or more vacancies in its membership.

126. Ineligibility for appointment, disqualification from office of member of Authority or committee of Authority, cessation of membership, etc.

126. (1) A person shall not be eligible to be recommended for appointment or appointed as a member of the Authority or a committee of the Authority if he or she is—

• (a) a member of either House of the Oireachtas,

• (b) entitled under the rules of procedure of the European Parliament to sit in that Parliament,

• (c) a member of a local authority,

• (d) a member of the Board,

• (e) a member of garda personnel, or

• (f) the Police Ombudsman or Deputy Police Ombudsman.

• (2) A person shall be disqualified from holding and shall cease to hold office as a member of the Authority or a committee of the Authority if he or she—

• (a) subject to subsection (3), is adjudicated bankrupt,

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

• (c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

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

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

• (f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or a disqualification outside the State to like effect which corresponds to such a disqualification order.

• (3) A person shall be disqualified from holding office as a member of the Authority or a committee of the Authority under paragraph (a) of subsection (2) only for so long as he or she has not obtained a certificate of discharge from the bankruptcy.

• (4) Where a member of the Authority or a committee of the Authority is—

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

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

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, or

• (d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Authority or a committee of the Authority, as the case may be.

127. Removal of member of Authority

127. (1) The Government may remove a member of the Authority from office where—

• (a) they are satisfied that one or more of the grounds specified in subsection (2) apply in respect of the member, and

• (b) a resolution is passed by both Houses of the Oireachtas calling for the removal of the member from office.

• (2) The following grounds are specified for the purposes of subsection (1)(a):

• (a) the member has, without reasonable excuse, failed to discharge his or her functions;

• (b) the member has become incapable through ill health or otherwise of effectively performing his or her functions;

• (c) the member has committed stated misbehaviour;

• (d) the member has a conflict of interest of such significance that he or she should cease to hold office;

• (e) the member is otherwise unfit to hold the office or unable to discharge his or her functions.

• (3) Where the Government propose to remove a member of the Authority pursuant to subsection (1), they shall notify, or cause to be notified, the member concerned in writing of the proposal.

• (4) A notification under subsection (3) shall include—

• (a) a statement of the reasons for the proposal,

• (b) a statement that the member of the Authority concerned may, within 30 working days of the sending of the notification or such longer period as the Government may specify, make representations in such manner as may be specified in the notification to the Government as to why he or she should not be removed from office, and

• (c) a statement that, where no representations are received within the period specified under paragraph (b), the Government may, without further notice, proceed with the removal of the member of the Authority from office in accordance with this section.

• (5) The Government shall, in considering whether to remove a member of the Authority from office in accordance with this section, take into account—

• (a) any representations made in accordance with subsection (4)(b), and

• (b) any other matters that the Government consider relevant for the purposes of the decision.

• (6) Where, having taken into account the matters referred to in subsection (5), the Government decide to remove the member of the Authority from office, they shall notify that member in writing of the decision, of the reasons for it and of the intention of the Government to seek a resolution of both Houses of the Oireachtas calling for the removal of that member.

128. Committees of Authority

128. (1) The Authority may establish such and so many committees as it thinks fit to—

• (a) assist and advise it in relation to the performance of any or all of its functions, or

• (b) perform such functions of the Authority as may be provided for under section 122(8).

• (2) A committee of the Authority—

• (a) shall consist of such number of members as the Authority may determine, and

• (b) may, subject to section 126, include persons who are not members of the Authority or its staff.

• (3) In appointing the members of a committee of the Authority, the Authority shall have regard to—

• (a) the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee, and

• (b) the desirability of there being an equitable balance between men and women on the committee.

• (4) The chairperson of a committee of the Authority shall be appointed by the Authority from among the members of the committee.

• (5) A member of a committee of the Authority—

• (a) shall hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

• (b) be paid out of moneys at the disposal of the Authority.

• (6) A member of a committee of the Authority may be removed from office at any time by the Authority for stated reasons.

• (7) The Authority may determine the terms of reference and regulate the procedure of a committee of the Authority.

• (8) The acts of a committee of the Authority shall be subject to confirmation by the Authority unless the Authority otherwise determines.

• (9) A committee of the Authority shall provide the Authority with such information as the Authority may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Authority of its functions.

• (10) The Authority may at any time dissolve a committee of the Authority.

• (11) A committee of the Authority may act notwithstanding one or more vacancies in its membership.

129. Appointment of chief executive of Authority

129. (1) The Authority shall, with the consent of the Minister, appoint a person to be the chief executive officer of the Authority (in this Act referred to as the “chief executive of the Authority”).

• (2) The Minister may, before the establishment day of the Authority, designate a person to be appointed as the first chief executive of the Authority.

• (3) Where, immediately before the establishment day of the Authority, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first chief executive of the Authority.

• (4) A person appointed as the chief executive of the Authority shall—

• (a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as are determined by the Authority with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

• (b) be paid out of moneys at the disposal of the Authority.

• (5) The chief executive of the Authority shall—

• (a) have such experience, qualifications, training and expertise as is appropriate for the appointment, and

• (b) be appointed by the Authority following a selection competition undertaken in accordance with the Act of 2004.

• (6) The chief executive of the Authority shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Authority.

• (7) The chief executive of the Authority shall have the following functions:

• (a) to implement the policies and decisions of the Authority;

• (b) to carry on and manage, and control generally, the staff, administration and business of the Authority;

• (c) to perform such other functions (if any) as may be determined by the Authority or as may be authorised under this Act or any other enactment.

• (8) The chief executive of the Authority shall provide to the Authority such information, including financial information, in relation to the performance of his or her functions referred to in subsection (7) as the Authority may require.

• (9) The chief executive of the Authority may be removed or suspended from office by the Authority, with the consent of the Minister, for stated reasons.

• (10) The chief executive of the Authority shall not be a member of the Authority or a committee of the Authority, but he or she may, in accordance with procedures specified by the Authority or a committee, attend meetings of the Authority or a committee concerned, and may speak, and give advice, at such meetings.

• (11) Where the chief executive of the Authority—

• (a) dies, resigns or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Authority may designate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the chief executive of the Authority until—

• (i) where paragraph (a) applies, a new chief executive of the Authority is appointed in accordance with this section,

• (ii) where paragraph (b) applies, the chief executive of the Authority is able to resume the performance of his or her functions, or

• (iii) the Authority decides to revoke or alter a designation made under this subsection.

130. Meetings and business of Authority

130. (1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions, including meetings with the Garda Commissioner and the Director.

• (2) The chairperson of the Authority shall fix the date, time and place of the first meeting of the Authority.

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

• (4) Subject to subsection (5), the Authority may, where it considers it appropriate to do so, permit—

• (a) members of the public to attend, and

• (b) the media to record and broadcast,

a meeting or part of a meeting of the Authority.

• (5) Members of the public may attend, and the media shall be permitted to record and broadcast, not fewer than 4 meetings of the Authority with the Garda Commissioner in each year.

• (6) The Authority may publish such of the following as it considers appropriate:

• (a) agendas for meetings of the Authority and meetings of committees of the Authority;

• (b) the documents relating to those meetings;

• (c) reports of those meetings.

• (7) At a meeting of the Authority—

• (a) the chairperson of the Authority shall, where present, chair the meeting, or

• (b) where and so long as the chairperson of the Authority is not present or if that office is vacant, the other members of the Authority who are present shall choose one of their number to chair the meeting.

• (8) The quorum for a meeting of the Authority shall—

• (a) where subsection (7)(b) applies, be 4 ordinary members and the member chosen under that subsection to chair the meeting, and

• (b) in any other case, be 4 ordinary members and the chairperson of the Authority.

• (9) Each member of the Authority present at a meeting of the Authority shall have a vote.

• (10) Every question at a meeting of the Authority on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

• (11) In addition to a meeting with all participants physically present, the Authority may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time (in this section referred to as a “remote meeting”).

• (12) A member of the Authority who participates in a remote meeting is taken for all purposes to have been present at the meeting.

• (13) Subject to this Act, the Authority may determine its own procedures.

131. Staff of Authority

131. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such and so many persons to be members of the staff of the Authority as it may determine.

• (2) The terms and conditions of service of a member of the staff of the Authority, and the grade at which he or she serves, shall be such as may be determined from time to time by the Authority with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (3) A member of the staff of the Authority shall be a civil servant in the Civil Service of the State.

• (4) The Authority shall be the appropriate authority (within the meaning of the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of the staff of the Authority.

132. Power of Authority to enter into contracts and engage consultants, advisers and police officers

132. (1) With the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, the Authority may, to the extent that it considers necessary to assist in the performance of its functions—

• (a) enter into contracts with any person or body,

• (b) engage consultants or advisers, or

• (c) arrange with police services outside the State for the engagement of police officers from those services.

• (2) The Authority may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, pay out of the resources at its disposal, such fees or allowances for expenses (if any) incurred under a contract, engagement or arrangement referred to in subsection (1) as the Authority may determine.

• (3) Subject to subsection (2), the Authority shall determine the period, and the terms and conditions, of the engagement of—

• (a) a person as a consultant or adviser under subsection (1)(b), or

• (b) a police officer from a police service outside the State under subsection (1)(c).

133. Duty of Garda Commissioner to facilitate performance by Authority of its functions

133. (1) The Garda Commissioner shall report to the Authority with regard to policing services in order to facilitate the performance by the Authority of its functions.

• (2) The Garda Commissioner’s duty under subsection (1) includes the duty to provide, on request by the Authority, any document or information relating to policing services in the power or control of An Garda Síochána.

• (3) Without prejudice to subsection (1), the Garda Commissioner shall keep the Authority fully informed of the following:

• (a) matters relevant to the functions of the Authority;

• (b) any other matters that, in the opinion of the Commissioner, should be brought to the attention of the Authority having regard to its functions.

• (4) Whenever requested by the Authority, the Garda Commissioner shall submit to the Authority a report on any matters connected with policing services or the performance of the Commissioner’s functions relating to such services that may be specified in the request.

• (5) A report under subsection (4) shall—

• (a) address the matters of general or specific concern that are specified in the Authority’s request, and

• (b) be made in the form and within the period specified in that request.

• (6) The Authority may publish all or part of a report submitted under subsection (4).

134. Duty of Director to assist Authority

134. (1) The Director shall provide such assistance to the Authority as is reasonably required in order to facilitate the performance by the Authority of its functions and, without prejudice to the generality of the foregoing, the Director shall—

• (a) keep the Authority informed of matters that are relevant to the functions of the Authority,

• (b) provide reports in a form and manner to be agreed with the Authority on matters that are relevant to the functions of the Authority, and

• (c) attend such meetings of the Authority as are necessary for the due performance of the Authority’s functions, including not fewer than one meeting in each year at which members of the public may attend and the media shall be permitted to record and broadcast.

• (2) A member of the Steering Group may attend a meeting of the Authority where the Director, in consultation with such member, considers that such attendance would be appropriate.

• (3) The Authority may publish all or part of a report provided by the Director under subsection (1)(b).

135. Application of Freedom of Information Act 2014 to Authority

135. (1) Notwithstanding section 6(12) of the Freedom of Information Act 2014, the obligations under that Act shall apply to the Authority on and from the establishment day of the Authority.

• (2) Notwithstanding section 2(1) of the Freedom of Information Act 2014, the “effective date” in the case of the Authority shall, for the purposes of that Act, be 21 April 2008.

Chapter 3 Governance and accountability of Authority

136. Governance framework for Authority

136. (1) The Authority shall, as soon as practicable after the establishment day of the Authority, prepare and submit to the Minister a framework (in this section referred to as a “governance framework”) that includes an outline of—

• (a) the guiding principles applicable to the Authority as a public body having functions relating to the oversight and assessment of the performance by An Garda Síochána of its function relating to policing services,

• (b) the managerial, organisational and governance structures of the Authority, including the roles and responsibilities of the chairperson of the Authority and the chief executive of the Authority,

• (c) the processes and guidelines to be followed by the Authority to ensure compliance with the requirements imposed on the Authority under this Act or any other enactment to report in relation to its functions, operations or other related matters,

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

• (e) the processes and guidelines to be followed by the Authority to ensure that inspections are carried out in a proportionate, accountable and transparent manner and reported on in an objective and fair manner.

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

• (3) Where the Authority revises the governance framework, it shall submit the revised framework to the Minister.

• (4) The Authority shall ensure that, as soon as practicable after a governance framework or revised governance framework is submitted to the Minister, the framework is published on a website maintained by or on behalf of the Authority or in accordance with such other arrangements as the Authority considers appropriate.

137. Strategy statement for Authority

137. (1) The Authority shall prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted—

• (a) as soon as practicable after the establishment day of the Authority, and

• (b) thereafter not earlier than 6 months before, and not later than, the expiration of each subsequent period of 3 years following the establishment day of the Authority.

• (2) A strategy statement under this section shall include—

• (a) the key objectives, outputs and related strategies, including the use of resources, of the Authority in relation to the period to which the statement relates, and

• (b) except in the case of the strategy statement first prepared under this section, a review and an evaluation of the work of the Authority in the performance of its functions in the previous 3 years.

• (3) In preparing a strategy statement under this section, the Authority shall have regard to—

• (a) the need to ensure the most beneficial, effective and efficient use of the resources available to it, and

• (b) the policies of the Government or any Minister of the Government to the extent that those policies may affect or relate to the functions of the Authority.

• (4) The Authority shall, before submitting a strategy statement to the Minister under subsection (1)—

• (a) publish, in such manner as the Authority considers appropriate, a draft of the strategy statement,

• (b) allow persons 30 days from the date of publication under paragraph (a) within which to make representations in writing to the Authority with regard to the draft of the strategy statement, and

• (c) having considered the representations (if any) made pursuant to paragraph (b), submit the strategy statement to the Minister with or without modifications.

• (5) The Minister shall cause a strategy statement received by him or her under subsection (1) to be laid before each House of the Oireachtas as soon as practicable after it is received.

• (6) The Authority shall ensure that, as soon as practicable after the strategy statement is laid before each House of the Oireachtas, the strategy statement is published on a website maintained by or on behalf of the Authority or in accordance with such other arrangements as the Authority considers appropriate.

138. Annual and other reports to Minister

138. (1) The Authority shall, not later than 3 months after the end of each year, prepare and submit to the Minister a report on its activities during the preceding year.

• (2) A report referred to in subsection (1) shall include a statement of the Authority’s arrangements for implementing and maintaining adherence to its governance framework.

• (3) The Authority may make such other reports as it considers appropriate for drawing to the attention of the Minister matters that have come to its notice and that, in its opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Minister.

• (4) The Minister may request the Authority to prepare and submit to him or her a report in respect of any matter relating to policing services and the Authority shall comply with the request as soon as practicable after receiving it.

• (5) The Minister shall cause a copy of a report under this section to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report.

• (6) The Authority shall ensure that, as soon as practicable after a copy of a report under this section is laid before each House of the Oireachtas, the report is published on a website maintained by or on behalf of the Authority or in such other manner as the Authority considers appropriate.

139. Standards of integrity, codes of ethics for members of Authority or committee of Authority, advisors or consultants, etc.

139. (1) In performing functions under this Act—

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

• (b) the chief executive of the Authority,

• (c) a member of the staff of the Authority,

• (d) a person who the Authority has engaged under paragraph (b) or (c) of section 132(1), or

• (e) subject to subsection (2), an employee or contractor of a person referred to in paragraph (d),

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

• (2) Subsection (1) applies to an employee or contractor of a person referred to in paragraph (d) of that subsection in respect only of the duties of employment or the contract, as the case may be, relating to the purposes for which the Authority has engaged that person.

• (3) For the purposes of subsection (1), the Authority shall issue a code of ethics for the guidance of persons to whom that subsection applies.

• (4) A code of ethics issued under subsection (3) shall set out the standards of integrity and conduct to be maintained by the persons to whom it applies in performing their functions under this Act.

• (5) A person to whom a code of ethics issued under subsection (3) applies shall act in accordance with such code in performing his or her functions under this Act.

• (6) Where a person is an employee of a person who the Authority has engaged under paragraph (b) or (c) of section 132(1), his or her terms and conditions shall be deemed to include the requirements that apply to the employer under subsection (5).

• (7) Subject to subsection (8), the Authority shall, as soon as practicable after issuing a code of ethics under subsection (3), make the code available to the persons to whom it applies.

• (8) The Authority shall provide a copy of a code of ethics issued under subsection (3) to a person who the Authority has engaged under paragraph (b) or (c) of section 132(1), and the person shall make that copy available to his or her employees or contractors to whom subsection (1)(e) applies.

• (9) A document purporting to be a code of ethics issued under subsection (3) is, in the absence of evidence to the contrary, to be taken to be such code and is admissible as such in any proceedings before a court or other tribunal.

• (10) Any provision of such a code of ethics issued under subsection (3) that appears to a court or other tribunal to be relevant to a question in the proceedings before the court or other tribunal, as the case may be, may be taken into account by it in determining the question.

140. Accountability for accounts of Authority

140. (1) The chief executive of the Authority shall be the accounting officer in relation to the appropriation accounts of the Authority for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

• (2) Whenever required to do so by the Committee of Public Accounts, the chief executive of the Authority shall give evidence to it on the following matters:

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or record of account subject to audit by the Comptroller and Auditor General;

• (b) the economy and the efficiency of the Authority in using its resources;

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

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

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

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

• (3) In carrying out duties under subsection (2), the chief executive of the Authority shall not—

• (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy, or

• (b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of any person.

141. Attendance of chief executive of Authority before other Oireachtas committees

141. (1) Subject to subsection (2), the chief executive of the Authority shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Authority.

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

• (3) The chief executive of the Authority shall, where of the opinion that subsection (2) applies to a matter about which he or she is requested to give account before an Oireachtas committee, inform the committee of that opinion and the reasons for the opinion.

• (4) The information required under subsection (3) shall be given to the Oireachtas committee in writing unless it is given when the chief executive of the Authority is before the committee.

• (5) Where, on being informed of the chief executive of the Authority’s opinion about the matter, the Oireachtas committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.

• (6) The Authority or the Oireachtas committee may apply in a summary manner to the High Court for a determination under subsection (5), but only where the application is made within 21 days after the date on which the chief executive of the Authority is informed of the committee’s decision not to withdraw its request.

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

• (8) Where the High Court determines that subsection (2) applies to the matter, the Oireachtas committee shall withdraw its request in so far as it relates to the matter, but where the Court determines that subsection (2) does not apply, the chief executive of the Authority shall attend before the committee to give account for the matter.

• (9) In carrying out duties under this section, the chief executive of the Authority shall not—

• (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy, or

• (b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of any person.

Chapter 4 Inspections by Authority

142. Inspectors of policing services

142. (1) Subject to subsection (2), the Authority may appoint in writing a member of the staff of the Authority to be an inspector of policing services for the purposes of this Part.

• (2) A person shall not be appointed as an inspector of policing services unless the Authority is satisfied that the person is suitable for such appointment by reason of—

• (a) his or her service as a senior officer or retired such officer in the police service of another state, or

• (b) having otherwise obtained such relevant experience, qualifications, training or expertise as, in the opinion of the Authority, is appropriate having regard, in particular, to the functions of the Authority and the nature of inspections.

• (3) The Authority shall provide a person appointed as an inspector of policing services under subsection (1) with a certificate of his or her appointment.

• (4) An inspector of policing services exercising a power conferred by or under this Part shall, on request by any person affected by the exercise of that power, produce the certificate of his or her appointment or a copy thereof, together with a form of personal identification, for inspection by the person.

143. Inspections by Authority

143. (1) The Authority may, in furtherance of its objective, carry out inspections in relation to such aspects of the operation and administration of An Garda Síochána relating to policing services as it considers appropriate.

• (2) The Minister may request the Authority to carry out an inspection in relation to such aspects of the operation and administration of An Garda Síochána relating to policing services as the Minister may specify in the request, and the Authority shall comply with any such request.

• (3) Without prejudice to its power to liaise and cooperate with bodies pursuant to this Act or any other enactment and subject to section 145, the Authority may, where it considers it appropriate, carry out an inspection under subsection (1) or (2) jointly with one or more prescribed inspection bodies acting in coordination of the exercise of their statutory powers for the efficient and effective discharge of their respective functions (in this Part referred to as a “joint inspection”).

• (4) Where the Authority decides under subsection (1), or is requested under subsection (2), to carry out an inspection, the Authority shall—

• (a) specify in writing the scope and terms of the inspection, and

• (b) authorise in writing one or more inspectors of policing services to carry out the inspection.

• (5) As soon as practicable after specifying in writing the scope and terms of an inspection in accordance with subsection (4), the Authority shall give the Garda Commissioner a notice in writing of the inspection which shall include—

• (a) a statement of the nature and particulars of the matters to be inspected,

• (b) the scope and terms of the inspection as specified under subsection (4)(a),

• (c) a copy of the authorisation referred to in subsection (4)(b), and

• (d) such other information as the Authority considers appropriate.

• (6) Where an authorisation is made under subsection (4)(b) in respect of an inspection at any time after the notice referred to in subsection (5) in respect thereof is given to the Garda Commissioner, the Authority shall, as soon as practicable thereafter, give a copy of the authorisation to the Garda Commissioner.

144. Prescribed inspection body

144. (1) Subject to subsection (2), the Minister may, where he or she considers it appropriate to do so, and having regard to the functions of an inspection body, prescribe the inspection body (in this Part referred to as a “prescribed inspection body”) for the purposes of this Part.

• (2) The Minister shall consult with the Authority, any relevant Minister and the inspection body concerned prior to prescribing an inspection body under subsection (1).

• (3) In this section—

“inspection body” means a body established by or under an enactment whose functions include the conduct of inspections, examinations or investigations;

“relevant Minister”, in relation to an inspection body, means the Minister of the Government with responsibility for the inspection body and in whom functions, whether statutory or otherwise, as respects the inspection body are vested.

145. Joint Inspections

145. (1) The Authority and a prescribed inspection body may carry out a joint inspection where the Authority and the prescribed inspection body concerned are of the opinion that—

• (a) the joint inspection is appropriate, and

• (b) the functions and powers of the prescribed inspection body concerned are suitable in so far as they relate to the aspects of the joint inspection to be carried out by that body.

• (2) Where the Authority and one or more prescribed inspection bodies agree to undertake a joint inspection, the Authority and the body or bodies shall prepare a joint inspection plan setting out—

• (a) the purpose of the joint inspection,

• (b) the reasons why a joint inspection is appropriate,

• (c) the aspects of the joint inspection that the Authority proposes to carry out,

• (d) the aspects of the joint inspection that the prescribed inspection body or bodies propose to carry out,

• (e) the arrangements for the joint inspection, including the sharing of information or documents in accordance with law, and

• (f) the arrangements in relation to reporting on the inspection by the Authority and the prescribed inspection body or bodies.

• (3) Where a joint inspection is carried out by the Authority and a prescribed inspection body, the prescribed inspection body may, notwithstanding anything in any other enactment, for the purposes of the joint inspection—

• (a) act in coordination with the Authority and any other prescribed inspection body involved in the joint inspection in the exercise of the powers conferred on it by or under any enactment, and

• (b) agree a joint inspection plan pursuant to subsection (2).

146. Inspection plan