CRIMINAL JUSTICE (INTERNATIONAL COOPERATION ON ELECTRONIC EVIDENCE AND OTHER MATTERS) ACT 2026

• (a) set aside the decision as to contravention and the financial penalty concerned, or

• (b) confirm the decision as to contravention and either confirm the financial penalty or impose a different financial penalty or no financial penalty.

• (18) An adjudication officer shall, as soon as practicable after he or she has made a decision under subsection (16) or (17) as the case may be, by notice in writing—

• (a) inform the Director and the service provider concerned of the decision and the reasons for the decision, and

• (b) specify the date from which the decision shall take effect.

• (19) In this section, “exceptional circumstances” include where the service provider is a microenterprise and the contravention concerned arose in an emergency case due to lack of human resources outside of normal business hours and there is compliance with the obligation concerned without undue delay.

50. Limitations on amount of financial penalty imposed for relevant contravention

50. (1) The amount of a financial penalty imposed on a service provider in respect of a decision as to contravention shall not exceed 2 per cent of the total world annual turnover of the service provider in the financial year preceding the date of the decision as to contravention.

• (2) Where the decision as to contravention relates to a contravention of a relevant obligation, an adjudication officer shall have regard to the following matters in determining the amount of the financial penalty to be imposed on a service provider:

• (a) the nature, gravity and duration of the contravention;

• (b) whether the contravention was intentional or negligent;

• (c) previous contraventions of relevant obligations by the service provider;

• (d) the financial strength of the service provider;

• (e) the level of cooperation by the service provider or relevant addressee with competent authorities designated for the purposes of Article 6(1) of the e Evidence Directive;

• (f) the nature and size of the service provider, in particular whether it is a micro, small or medium-sized enterprise;

• (g) the degree of harm caused as a result of the contravention;

• (h) the need to ensure that the penalty shall not be of an amount likely to cause the service provider to cease trading.

• (3) Where the decision as to contravention relates to a contravention of an e-Evidence Regulation obligation, an adjudication officer shall have regard to the following matters in determining the amount of the financial penalty to be imposed on a service provider:

• (a) the nature, gravity and duration of the contravention;

• (b) whether the contravention was intentional or through negligence;

• (c) previous contraventions of e-Evidence Regulation obligations by the service provider;

• (d) the financial strength of the service provider.

51. Notice of financial penalty

51. (1) An adjudication officer shall, as soon as is practicable after he or she makes a decision to impose a financial penalty under section 49(13), send the Director a notice of the imposition of the financial penalty and the amount of the financial penalty being imposed.

• (2) The Director shall send a copy of the notice of the imposition of the financial penalty referred to in subsection (1) to the service provider concerned within 7 days of receipt of the notice and shall, at the same time, by notice in writing state—

• (a) the amount of the financial penalty being imposed,

• (b) where appropriate, that the service provider is required to comply with the relevant obligation or e-Evidence Regulation obligation, as the case may be, to which the decision as to contravention and that financial penalty relate,

• (c) that the service provider is entitled to appeal, in accordance with section 53, against the decision as to contravention and the imposition of the financial penalty or against the imposition of the financial penalty only and state the period within which such an appeal may be made in accordance with that section, and

• (d) that where the service provider does not make an appeal under section 53, the Director shall, as soon as is practicable after the expiration of the time for bringing an appeal under that section, make an application under section 54 in a summary manner for confirmation of the decision as to contravention and the financial penalty.

• (3) The Director shall, in accordance with subsection (2)(d), where no appeal is made by the service provider under section 53 within the period allowed for making the appeal, apply to the Circuit Court under section 54 for confirmation of the decision as to contravention and the financial penalty.

52. Taking effect of decision as to contravention and of financial penalty

52. (1) A decision as to contravention shall take effect—

• (a) where an appeal against the decision is taken under section 53, when the decision is upheld on appeal,

• (b) when the decision is confirmed by the Circuit Court in accordance with section 54, or

• (c) where the decision, having been remitted to an adjudication officer for reconsideration, is confirmed by the adjudication officer under subsection (17)(b) of section 49, on the date specified in the notice under subsection (18) of that section.

• (2) A financial penalty shall take effect—

• (a) where an appeal is taken under section 53—

• (i) when the penalty is confirmed on appeal under subsection (5)(b)(i) or (5)(c)(i) of that section or when a different financial penalty is imposed under subsection (5)(c)(iii) of that section, or

• (ii) where the court remits the financial penalty to an adjudication officer and the financial penalty is confirmed by the adjudication officer under subsection (17)(b) of section 49 or a different financial penalty is imposed by the adjudication officer under subsection (16) or (17)(b) of that section, on the date specified in the notice under subsection (18) of that section,

or

• (b) where an application is made to the Circuit Court under section 54—

• (i) when the financial penalty is confirmed by the Court under subsection (5) of that section or when a different financial penalty is imposed by the Court under subsection (7)(b) of that section, or

• (ii) where the Court remits the financial penalty to an adjudication officer and the financial penalty is confirmed by the adjudication officer under subsection (17)(b) of section 49 or a different financial penalty is imposed by the adjudication officer under subsection (16) or (17)(b) of that section, on the date specified in the notice under subsection (18) of that section.

• (3) Where a financial penalty takes effect in accordance with subsection (2), the financial penalty may be enforced by the Director without the need for any further judgment of a court.

• (4) The Director may recover, as a simple contract debt in any court of competent jurisdiction, any amount due and owing by a service provider as a financial penalty that has taken effect in accordance with subsection (2).

• (5) Where a service provider fails to comply with a financial penalty that has taken effect in accordance with subsection (2), the High Court may, on an application to it by the Director in that behalf—

• (a) compel compliance with the financial penalty imposed, and

• (b) grant such injunctive relief (if any) that the Court considers necessary.

• (6) The High Court may not require the Director to give an undertaking as to damages as a condition of granting any injunctive relief under subsection (5)(b).

53. Appeal against decision as to contravention and imposition of financial penalty

53. (1) A service provider to whom a decision as to contravention relates may appeal to the appropriate court—

• (a) where no financial penalty is imposed in respect of the decision, against that decision, or

• (b) where a financial penalty is imposed in respect of the decision—

• (i) against the imposition of a financial penalty, including against the amount of the penalty imposed, or

• (ii) against both the decision and the imposition of a financial penalty, including against the amount of the financial penalty imposed.

• (2) Subject to subsection (3), an appeal under subsection (1) may be made to the appropriate court within 28 days from—

• (a) where subsection (1)(a) applies, the date on which the notice in writing under section 49(5)(a) is sent to the service provider concerned, or

• (b) where subsection (1)(b) applies, the date on which the notice in writing under section 51(1) is sent to the service provider concerned.

• (3) The appropriate court may, on the application of a service provider to whom a decision as to contravention relates, extend the period referred to in subsection (2) where it is satisfied that—

• (a) there is good and sufficient reason for doing so,

• (b) the circumstances that resulted in the failure to bring an appeal within that period were outside the control of the service provider, and

• (c) where an application has been made under section 54 for confirmation of the decision as to contravention or, where applicable, the imposition of a financial penalty, the application has not been finally determined.

• (4) In considering an appeal under subsection (1), the appropriate court may, where it considers it necessary for the fair and proper determination of the appeal, consider—

• (a) information, documentation or submissions referred to in paragraph (a) or (b) of section 49(2), and

• (b) any submissions, records or other evidence referred to in paragraph (c) of section 49(2).

• (5) Subject to subsection (6) and sections 49(13)(c), 49(14) and 50, the appropriate court may, on the hearing of an appeal under subsection (1)—

• (a) where subsection (1)(a) applies—

• (i) confirm the decision, or

• (ii) set aside the decision,

• (b) where subsection (1)(b)(i) applies—

• (i) confirm the financial penalty,

• (ii) set aside the financial penalty,

• (iii) replace the financial penalty with such other financial penalty as the court considers it just and appropriate to impose, or

• (iv) remit the financial penalty for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate,

or

• (c) where subsection (1)(b)(ii) applies—

• (i) confirm both the decision as to contravention and the financial penalty,

• (ii) confirm the decision as to contravention and set aside the financial penalty,

• (iii) confirm the decision as to contravention and replace the financial penalty with such other financial penalty as the court considers it just and appropriate to impose,

• (iv) remit either or both the decision as to contravention and the financial penalty for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate, or

• (v) set aside both the decision as to contravention and the financial penalty.

• (6) A decision as to contravention or the imposition of a financial penalty may not be set aside or remitted by the appropriate court under subsection (5) for error of law or fact unless the appropriate court is satisfied that the adjudication officer concerned committed a serious and significant error in making the decision, or that the adjudication officer concerned committed a series of minor errors which, when taken together, amount to a serious and significant error.

• (7) The appropriate court may make such interim or interlocutory orders in appeal proceedings under this section as it considers appropriate.

• (8) Where an appeal under subsection (1) is withdrawn or abandoned by a service provider, or struck out by the appropriate court, the Director shall make an application under section 54 in respect of the decision the subject of the appeal.

• (9) In this section, “appropriate court” means—

• (a) the Circuit Court, where the amount of any financial penalty imposed does not exceed €75,000 or such other sum as stands specified in law as that court’s jurisdiction in tort, and

• (b) in any other case, the High Court.

54. Circuit Court confirmation of decision as to contravention and financial penalty

54. (1) The Director shall, on notice to the service provider to whom a decision as to contravention relates, make an application in a summary manner to the Circuit Court for confirmation of—

• (a) where no financial penalty is imposed, the decision as to contravention, or

• (b) where a financial penalty is imposed, the decision as to contravention and the financial penalty.

• (2) The Director shall make an application under subsection (1) where—

• (a) the service provider does not appeal against the decision within the period specified in section 53, or

• (b) an appeal is withdrawn, abandoned or struck out, as the case may be.

• (3) An application under subsection (1) shall be made by the Director as soon as practicable after the expiration of the period specified in section 53 for bringing an appeal or after the appeal is withdrawn, abandoned or struck out, as the case may be.

• (4) A service provider may, as soon as practicable after receiving notice of the application under subsection (1), inform the Director in writing that the service provider does not intend to appear at, or make submissions at, the hearing of the application and where the service provider does so, the application and any remaining steps in such application may be made ex parte.

• (5) On the hearing of an application under subsection (1), the Circuit Court shall, where paragraph (a) of that subsection applies, confirm the decision as to contravention, or where paragraph (b) of that subsection applies, confirm the decision as to contravention and the financial penalty, unless it is satisfied, on the basis of the evidence that was before the adjudication officer when making the decision or imposing the financial penalty—

• (a) that the adjudication officer made an error of law which is—

• (i) manifest from the decision, and

• (ii) fundamental so as to deprive the decision of its basis,

or

• (b) that the financial penalty is manifestly disproportionate having regard to sections 49(13)(c), 49(14) and 50.

• (6) Where the Circuit Court does not, under subsection (5), confirm a decision as to contravention, the Court shall set the decision aside.

• (7) Where the Circuit Court does not, under subsection (5), confirm the decision as to contravention and the financial penalty, it may, subject to sections 49(13)(c), 49(14) and 50—

• (a) confirm the decision as to contravention and set aside the financial penalty,

• (b) confirm the decision as to contravention and replace the financial penalty with such other financial penalty as the Circuit Court considers it just and appropriate to impose,

• (c) set aside both the decision as to contravention and the financial penalty, or

• (d) remit either or both the decision as to contravention or, where applicable, the financial penalty, for reconsideration by an adjudication officer, subject to such directions as it considers appropriate.

• (8) Where an application to extend the period for the making of an appeal against a decision as to contravention is made under section 53(3), the Circuit Court shall make an order staying proceedings in relation to an application under subsection (1) until the appropriate court has made a decision under that section in relation to the extension sought.

• (9) Where the appropriate court makes an order under section 53(3) extending the period for the making of an appeal under that section, the Circuit Court shall continue the stay on proceedings in relation to an application under subsection (1) in respect of the decision the subject of the appeal until—

• (a) where the appeal is brought under that section within the extended period, either—

• (i) the appropriate court has made a decision on the appeal under that section, or

• (ii) the appeal is withdrawn, abandoned or struck out,

or

• (b) where the appeal is not brought under section 53 within the extended period, until that period as so extended expires.

• (10) Where subsection (9)(a)(i) applies, the Circuit Court shall make an order striking out the application under subsection (1) to which the appeal concerned relates.

• (11) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings in relation to an application under subsection (1).

• (12) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne having regard to any communication of the service provider concerned to the Director under subsection (4).

55. Oral hearing

55. (1) An oral hearing shall be conducted by the adjudication officer in accordance with this section where the adjudication officer considers it necessary or appropriate to conduct the oral hearing—

• (a) following receipt of a request under section 48(2)(b) from a service provider to conduct an oral hearing, or

• (b) of his or her own volition.

• (2) An adjudication officer may, by notice in writing—

• (a) summon a person to appear as a witness before the adjudication officer to do either or both of the following:

• (i) give evidence;

• (ii) produce any records in the person’s possession or power to procure,

and

• (b) require that person to attend an oral hearing from day to day unless excused, or released from further attendance, by the adjudication officer.

• (3) Without prejudice to subsection (2), an adjudication officer has the same powers, rights and privileges as a judge of the High Court when hearing civil proceedings including with respect to—

• (a) the attendance and examination of witnesses (including witnesses who are outside the State) on oath or otherwise, and

• (b) compelling the production (including discovery) of records or an identified category or categories of records.

• (4) An oral hearing may, at the discretion of an adjudication officer, be conducted in whole or in part by way of a remote hearing.

• (5) Where subsection (4) applies—

• (a) an adjudication officer shall have the same powers, with any necessary modifications, in respect of the conduct of the oral hearing by way of a remote hearing as he or she has in respect of the conduct of an oral hearing that is not conducted by way of a remote hearing, and

• (b) a person who participates in such a remote hearing before an adjudication officer shall, in respect of such participation—

• (i) be deemed to be present at the oral hearing concerned, and

• (ii) have the same immunities and privileges, and be subject to the same obligations and liabilities, as he or she would have were he or she participating in an oral hearing that was not so conducted.

• (6) An oral hearing shall be held in public unless the adjudication officer conducting the hearing is satisfied that, given the existence of special circumstances (which shall include whether information given or likely to be given in evidence is commercially sensitive information), the hearing or part of the hearing should be held otherwise than in public.

• (7) Where special circumstances as referred to in subsection (6) exist, the adjudication officer may impose restrictions on the reporting or distribution of evidence given or records produced at the hearing.

• (8) An adjudication officer may, at his or her discretion, direct the reimbursement of some or all of the reasonable travelling expenses incurred by a witness required to attend an oral hearing and the payment of a sum to such witness for subsistence while so attending.

• (9) Save as may be otherwise prescribed by an order of the Minister made under this subsection in relation to the rules applicable to an oral hearing under this section, the rules of evidence shall apply to an oral hearing, including an oral hearing held in whole or in part by way of a remote hearing.

• (10) A person is guilty of an offence where the person—

• (a) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to attend at the time and place indicated in the notice given under that subsection,

• (b) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to produce before the adjudication officer any records specified in that notice, or

• (c) while attending as a witness at an oral hearing, refuses to—

• (i) give evidence in the manner lawfully required by the adjudication officer,

• (ii) produce any record in the person’s possession or power to procure that the person is lawfully required by the adjudication officer to produce, or

• (iii) answer any question that the person is lawfully required by the adjudication officer to answer.

• (11) A person who, having been required to produce a record under subsection (2)(a)(ii), intentionally destroys or otherwise disposes of, falsifies or conceals such record or causes or permits its destruction, disposal, falsification or concealment is guilty of an offence.

• (12) A person guilty of an offence under subsection (10) or (11) is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

• (13) In this section—

“electronic communications technology” means, in relation to a remote hearing, technology that enables real time transmission and real time two-way audio-visual or audio communication that enables a person to participate in the hearing from a location other than the location where the adjudication officer is conducting the oral hearing;

“in part”, in relation to a remote hearing, includes—

• (a) any day or part of a day in which an oral hearing is conducted, and

• (b) the participation of a particular person in the oral hearing;

“remote hearing” means a hearing in which one or more of the participants participates—

• (a) from a location other than the location where the adjudication officer conducting the oral hearing is, whether within the State or outside the State, and

• (b) by means of electronic communications technology.

56. Reference on point of law to High Court

56. (1) An adjudication officer may, at any time before making a decision under subsection (1) of section 49 or imposing a financial penalty under subsection (13) of that section, refer any question of law to the High Court.

• (2) Subject to subsection (3), no appeal shall lie to the Court of Appeal from a decision of the High Court on a reference under subsection (1).

• (3) The High Court may grant leave to appeal its decision on a reference made under subsection (1) where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

57. Orders for costs in proceedings before adjudication officer

57. (1) Subject to subsection (2), no order as to costs shall be made in proceedings before an adjudication officer.

• (2) An adjudication officer may, at his or her discretion, award the costs of proceedings referred to in subsection (1) against a service provider or the Director where the adjudication officer determines that the service provider or the Director, as the case may be, has engaged in improper, irregular, unfair or unsatisfactory conduct in connection with—

• (a) the directed investigation giving rise to those proceedings, or

• (b) in the conduct of those proceedings.

• (3) An award of costs against a service provider or the Director under subsection (2) shall be proportionate to the nature and extent of the improper, irregular, unfair or unsatisfactory conduct that the service provider or the Director, as the case may be, is found to have engaged in and the award may be limited to a proportion of the costs of the proceedings before an adjudication officer or to the costs of a particular part of those proceedings.

58. Regulations in relation to proceedings before adjudication officer

58. (1) Subject to this Chapter, the Minister may make regulations setting out requirements in relation to the conduct of proceedings before an adjudication officer, having regard to the need for efficiency and the rights of service providers.

• (2) Without prejudice to the generality of subsection (1), regulations under that subsection may include, but are not limited to, all or any of the following:

• (a) the form, and manner of making, of requests by an adjudication officer for information, documentation or discovery from a party to proceedings or from a person other than a party to proceedings;

• (b) the form, and manner of inviting, of submissions by an adjudication officer from a party to proceedings;

• (c) the form and manner of provision of submissions, information, documentation, records, or other evidence to be provided to an adjudication officer;

• (d) the provision by an adjudication officer to a party to proceedings or to a person other than a party to proceedings, of information or documentation received by the adjudication officer;

• (e) time limits to apply in the conduct of proceedings before an adjudication officer;

• (f) procedures for the consolidation of two or more proceedings before an adjudication officer;

• (g) procedures for the separation of proceedings before an adjudication officer;

• (h) the conduct of an oral hearing.

59. Treatment of amounts paid in respect of financial penalties

59. A payment made by a service provider to the Director in respect of a financial penalty which has taken effect in accordance with section 52(2), shall be paid into, or disposed of for the benefit of, the Exchequer, in such manner as the Minister for Finance may direct.

Chapter 6 Provisions applicable to adjudication officers

60. Ineligibility to become and disqualification to act as adjudication officer

60. (1) A person shall not be eligible for appointment, and shall cease to hold office as an adjudication officer, if he or she—

• (a) subject to subsection (2), is adjudicated bankrupt,

• (b) is subject to a composition or arrangement with creditors,

• (c) is convicted on indictment of an offence,

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

• (e) 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

• (f) 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 provisions of that Act, or a disqualification outside the State which corresponds to such a disqualification order.

• (2) Subsection (1)(a) shall apply only for so long as the person has not obtained a certificate of discharge from the bankruptcy.

61. Membership of either House of Oireachtas, European Parliament or local authority: adjudication officer

61. (1) A person shall cease to hold office as adjudication officer if he or she is—

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

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

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

• (2) A person who is for the time being—

• (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

• (b) a member of the European Parliament, or

• (c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled as mentioned in paragraph (a) or (c) or is such a member as mentioned in paragraph (b), be disqualified to act as an adjudication officer.

62. Nomination of adjudication officers

62. (1) The Director shall, on the request of the Minister, nominate such and so many persons who, in the opinion of the Director, are independent and have the experience, qualifications, training or expertise specified in regulations made by the Minister under section 65(a), to be appointed by the Minister as adjudication officers.

• (2) The Director shall not nominate, under subsection (1), either of the following for appointment:

• (a) an authorised officer;

• (b) a member of staff of the Director.

63. Appointment of adjudication officers

63. (1) Subject to sections 60 and 61 and subsection (2), the Minister shall appoint such and so many persons (each of whom in this Act is referred to as an “adjudication officer”) as he or she considers necessary to perform the functions of an adjudication officer under this Act.

• (2) The Minister shall appoint an adjudication officer from among the persons nominated by the Director under section 62 unless the Minister is not satisfied that the person—

• (a) is independent, or

• (b) has the experience, qualifications, training or expertise specified in regulations made under section 65(a).

• (3) The Minister shall appoint one adjudication officer to be the chief adjudication officer.

• (4) Subject to sections 60 and 61 and subsections (5) and (6), an adjudication officer shall—

• (a) be appointed under this section upon such terms and conditions (including as to appointment, remuneration, reappointment and revocation of appointment) as are specified in regulations under section 65, and

• (b) be paid, out of moneys provided by the Oireachtas for such purpose, such remuneration and allowances for expenses, as are specified in regulations under that section.

• (5) A person shall cease to hold office as an adjudication officer on his or her appointment as an authorised officer or on becoming a member of staff of the Director.

• (6) The appointment of an adjudication officer may be revoked by the Minister, in accordance with procedures specified in regulations made under section 65(f), on one of the grounds specified in subsection (7) following—

• (a) receipt of an assessment and recommendation by a person, other than the Director or a member of staff of the Director, who is independent and has relevant experience and expertise in the matters giving rise to the revocation, and

• (b) a decision by the Government, having reviewed the assessment and recommendation referred to in paragraph (a), confirming the proposed revocation.

• (7) The grounds referred to in subsection (6) are that an adjudication officer has—

• (a) become incapable, through ill-health or otherwise, of effectively performing his or her functions,

• (b) engaged in serious misconduct, or

• (c) a serious conflict of interest, which conflict of interest is likely to continue.

64. Independence of adjudication officer

64. (1) An adjudication officer shall be independent in the performance of his or her functions.

• (2) An adjudication officer shall, where he or she believes that performing an adjudication assigned to him or her may create a conflict of interest or may give rise to the perception of a potential conflict of interest, recuse himself or herself from the adjudication concerned.

• (3) Where an adjudication officer forms a belief referred to in subsection (2), he or she shall inform the chief adjudication officer who shall re-assign that adjudication to another adjudication officer.

• (4) An adjudication officer shall, as soon as practicable after informing the chief adjudication officer under subsection (3), by notice in writing, inform the Director and any service provider affected by a recusal under that subsection.

65. Regulations (Chapter 6)

65. The Minister shall, in a manner ensuring the independence of adjudication officers in the performance of their functions, make regulations providing for—

• (a) the experience, qualifications, training or expertise persons shall possess to be appointed as adjudication officers,

• (b) the term of appointment of adjudication officers, which term shall be specified in writing on appointment, and the term of appointment may be—

• (i) fixed and non-renewable, or

• (ii) subject to paragraph (c), fixed and renewable,

• (c) where a term of appointment is renewable in accordance with paragraph (b)(ii), objective, independently assessed competence-based criteria for such renewal,

• (d) the remuneration and allowances for expenses to be paid, which may not be reduced during the term of the appointment save in accordance with law, to an adjudication officer and, having regard to his or her different functions, to the chief adjudication officer,

• (e) the manner in which an adjudication officer may resign from office, and

• (f) subject to section 63(4), (6) and (7), procedures for the revocation of appointment of adjudication officers.

66. Assistance to adjudication officers

66. (1) The Director may, from time to time, require a member of staff of the Director to assist adjudication officers in the performance of their functions.

• (2) The Director may, from time to time, enter into a contract or arrangement with a person or appoint a consultant or adviser under section 15 for the purpose of having the person, consultant or adviser assist adjudication officers in the performance of their functions.

• (3) A member of staff of the Director referred to in subsection (1) or a person, consultant or adviser referred to in subsection (2)—

• (a) shall not provide assistance to adjudication officers in connection with any matter in which the member, or person, consultant or adviser concerned, has or may have a conflict of interest, and

• (b) may perform other tasks on behalf of the Director, including performing tasks in any investigation in which the member or person, consultant or adviser concerned has not been, and will not be, involved in assisting an adjudication officer under this section.

Chapter 7 Provisions related to offences: General

67. Summary proceedings

67. Summary proceedings for an offence under this Act may be brought and prosecuted by the Director.

68. Time limit for instituting summary proceedings

68. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within 2 years from the date on which the offence was alleged to have been committed.

69. Liability for offences by body corporate

69. (1) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

70. Costs

70. (1) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Director the costs and expenses, measured by the court, incurred by the Director in relation to the investigation, detection and prosecution of the offence.

• (2) An order for the payment of costs and expenses under subsection (1) is in addition to and not instead of any fine or other penalty the court may impose.

SCHEDULE Provisions Applicable to Director of Criminal Justice International Cooperation

Section 8

• (a) to sue and be sued, and

• (b) with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, to acquire, hold and dispose of land and other property.

• (a) the signature of the Director, or

• (b) the signatures of 2 members of staff of the Director each of whom has been authorised by the Director to act in that behalf.

Footnotes