REGULATION OF ARTIFICIAL INTELLIGENCE ACT 2026

An Act to provide for the establishment of a body to be known as Oifig IS na hÉireann; to give further effect to Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024¹ laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) and for that purpose to amend the Central Bank Act 1942, the Communications Regulation Act 2002, the Competition and Consumer Protection Act 2014 and the Freedom of Information Act 2014; and to provide for related matters.

[21st July, 2026]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Regulation of Artificial Intelligence Act 2026.

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

2. Interpretation

2. (1) In this Act—

“Act of 2014” means the Competition and Consumer Protection Act 2014;

“Act of 2018” means the Data Protection Act 2018;

“adjudicator” means a person appointed by the Minister under section 117;

“Artificial Intelligence Regulation” means Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024² laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act);

“authorised officer” means a person appointed under section 68;

“contravention notice” has the meaning given to it in section 71;

“controller” means a controller within the meaning of the General Data Protection Regulation;

“Designation Regulations” means the European Union (Artificial Intelligence) (Designation) Regulations 2025 (S.I. No. 366 of 2025);

“European AI Office” means the AI Office under Article 3(47);

“forfeiture order” has the meaning given to it in section 74;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016³ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“Market Surveillance Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019⁴ on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011;

“Member State market surveillance authority” means—

• (a) a market surveillance authority designated by a Member State (other than the State) for the purposes of the Artificial Intelligence Regulation, or

• (b) the single point of contact designated by a Member State (other than the State) for the purposes of Article 70(2);

“Minister” means the Minister for Enterprise, Tourism and Employment;

“notice for removal of content to eliminate serious risk” has the meaning given to it in section 75;

“Office” has the meaning given to it in section 8;

“personal data” has the meaning given to it in the General Data Protection Regulation;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“processing”, in relation to personal data, has the meaning given to it in the General Data Protection Regulation;

“prohibition notice” has the meaning given to it in section 72;

“relevant AI product”, in relation to a relevant market surveillance authority, means—

• (a) a product that embeds an AI system or that is itself an AI system, including where the AI system is supplied or made available after the product is placed on the market or put into service, whether by means of a software update, an add-on, a plugin, or a remote or cloud-based service, and

• (b) in relation to which the relevant market surveillance authority stands designated as the market surveillance authority under the Designation Regulations,

and a reference in this Act to a relevant AI product includes the components, elements and constituent materials of the relevant AI product;

“relevant competent authority” means an authority designated as a competent authority in the State in accordance with the Designation Regulations;

“relevant market surveillance authority” means an authority designated as a market surveillance authority in the State in accordance with the Designation Regulations;

“relevant Minister”, in relation to a relevant market surveillance authority, means the Minister of the Government on whom functions stand conferred in relation to the relevant market surveillance authority concerned;

“special categories of personal data” has the meaning given to it in the Act of 2018.

• (2) In this Act, a reference to an authorised officer is a reference to an authorised officer of the relevant market surveillance authority in relation to which the authorised officer stands appointed.

• (3) A word or expression used in this Act that is also used in the Artificial Intelligence Regulation has, unless the context otherwise requires, the same meaning in this Act as it has in that Regulation.

• (4) Unless the context otherwise requires—

• (a) a reference in this Act to a numbered Article is a reference to the Article so numbered of the Artificial Intelligence Regulation, and

• (b) a reference to a numbered Annex is a reference to the Annex so numbered of the Artificial Intelligence Regulation.

3. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

• (2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

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

4. Service of documents

4. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be sent or given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it to the person in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

• (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

• (2) For the purpose of this section, a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

5. Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, be paid out of moneys provided by the Oireachtas.

PART 2 Oifig IS na hÉireann

Chapter 1 Establishment of Oifig IS na hÉireann

6. Definitions (Part 2)

6. In this Part—

“Board” has the meaning given to it by section 12;

“Chief Executive Officer” means the Chief Executive Officer designated or appointed under section 24;

“committee of the Board” means a committee of the Board established under section 21;

“establishment day” means the day appointed under section 7.

7. Establishment day

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

8. Establishment of Office

8. (1) There shall stand established on the establishment day a body which shall be known as Oifig IS na hÉireann (in this Act referred to as the “Office”) to perform the functions conferred on it by or under this Act.

• (2) The Office—

• (a) shall be a body corporate with perpetual succession and an official seal,

• (b) may sue and be sued in its corporate name, and

• (c) may acquire, hold and dispose of land or an interest in land or any other property, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (3) The official seal of the Office shall be authenticated by the signature of—

• (a) the chairperson of the Board,

• (b) a member of the Board authorised by the Board to act in that behalf,

• (c) the Chief Executive Officer, or

• (d) a member of the staff of the Office authorised by the Board to act in that behalf.

• (4) Judicial notice shall be taken of the official seal of the Office, and any document purporting to be an instrument made by, and to be sealed with the seal of, the Office authenticated in accordance with subsection (3) shall, unless the contrary is shown, be received in evidence and be deemed to be such an 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 Office by any person generally or specially authorised by the Office for that purpose.

9. Functions of Office

9. (1) The Office shall, in addition to the carrying out of other functions conferred on it by this Act or any other enactment—

• (a) coordinate the activities of relevant competent authorities to encourage consistent implementation and supervision of the Artificial Intelligence Regulation,

• (b) facilitate co-operation and information sharing between relevant competent authorities in the State and support joint investigation and enforcement activities of those authorities,

• (c) promote and foster AI innovation and literacy,

• (d) enhance public awareness in relation to the use of AI systems and the rights and obligations under the Artificial Intelligence Regulation,

• (e) facilitate access by competent authorities in the State to technical, legal and regulatory expertise in the field of AI,

• (f) provide advice to the Minister on any matter related to its functions as the Minister may request, and

• (g) carry out such additional functions as may be conferred upon the Office by an order made under section 10.

• (2) In performing its functions, the Office shall have regard to—

• (a) the objective of providing a coherent, harmonised and effective approach to the implementation of the Artificial Intelligence Regulation in the State by competent authorities in the State,

• (b) the need to ensure consistent and effective governance and implementation of the Artificial Intelligence Regulation in the State, and

• (c) the policies and objectives of the Government and any Minister of the Government insofar as the policies and objectives may affect or relate to the functions of the Office.

• (3) The Office may perform any of its functions through or by the Chief Executive Officer or any member of its staff duly authorised in that behalf by the Chief Executive Officer.

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

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

10. Conferral of additional functions

10. (1) The Minister may, after consultation with the Office, the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation and any other Minister of the Government who, in the opinion of the Minister, is concerned, by order confer on the Office such additional functions connected with the functions for the time being of the Office as the Minister considers appropriate, subject to such conditions as may be specified in the order.

• (2) An order under subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or appropriate for the purposes of giving full effect to the conferral of additional functions on the Office.

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

11. Power of Minister to give directions to Office

11. (1) Subject to subsection (4), the Minister may, in relation to the performance by the Office of its functions, give a direction in writing to the Office requiring it to comply with such policies of the Government relating to AI, insofar as those policies are relevant to the performance of those functions, as are specified in the direction.

• (2) The Minister shall cause a copy of a direction under subsection (1) to be laid before each House of the Oireachtas.

• (3) The Office shall comply with a direction under subsection (1).

• (4) A direction shall not be given by the Minister under subsection (1) in respect of any of the provisions of Part 6.

• (5) For the purposes of this section, “functions” does not include a function specified in paragraph (a), (b) or (e) of subsection (1) of section 9.

Chapter 2 Board of Office

12. Establishment and membership of Board

12. (1) The Office shall have a board (in this Part referred to as the “Board”) with responsibility for the governance and oversight of the functions of the Office.

• (2) The Board shall consist of the following 7 members:

• (a) a chairperson;

• (b) 6 ordinary members.

• (3) The members of the Board shall be appointed by the Minister.

• (4) Subject to subsection (11), the Minister shall appoint the members of the Board from among such persons as are recommended by the Public Appointments Service in accordance with section 13.

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

• (6) The chairperson of the Board shall be appointed by the Minister from among the members of the Board.

• (7) The Minister may, before the coming into operation of this section, designate a person to be appointed as the first chairperson of the Board.

• (8) Where, immediately before the coming into operation of this section, a person stands designated under subsection (7), that person shall, on such coming into operation, stand appointed as the first chairperson of the Board.

• (9) The Minister may, before the coming into operation of this section, designate persons to be appointed as the first ordinary members of the Board.

• (10) Where, immediately before the coming into operation of this section, a person stands designated under subsection (9), that person shall, on such coming into operation, stand appointed as an ordinary member of the Board.

• (11) Subsection (4) shall not apply in respect of the designation of—

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

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

13. Recommendations for appointment of members of Board

13. (1) Subject to section 12(11), the Minister shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Minister persons who are suitable for appointment by the Minister as members of the Board.

• (2) Upon receipt of a request under subsection (1), the Public Appointments Service shall undertake a selection process and, subject to subsection (3), recommend to the Minister, from among persons who participated in the process, those persons whom it is satisfied are suitable for appointment as members of the Board.

• (3) The Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section having regard to the desirability that the members of the Board will have experience of, and shown capacity in, matters connected with the functions of the Office.

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

14. Terms of appointment and conditions of office of members of Board

14. (1) Subject to subsection (2), a member of the Board shall hold office for such term, not exceeding 5 years from the date of his or her appointment, as the Minister determines.

• (2) The Minister shall ensure that, of the members of the Board first constituted under section 12—

• (a) 3 members are appointed for a term of office not exceeding 3 years from the date of appointment,

• (b) 3 members are appointed for a term of office not exceeding 4 years from the date of appointment, and

• (c) the member who is first appointed chairperson is appointed for a term of office not exceeding 4 years from the date of appointment.

• (3) Subject to subsection (4), a member of the Board whose term of office expires or is due to expire by the effluxion of time shall be eligible for reappointment to the Board.

• (4) A person who is reappointed to be a member of the Board in accordance with subsection (3) shall not hold office for more than 2 consecutive terms and, in any event, may 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 Board in accordance with subsection (3), it shall not be necessary for the person to participate in a further selection process undertaken by the Public Appointments Service under section 13 or to be recommended for reappointment by the Public Appointments Service.

• (6) Subject to sections 17 and 18, a member of the Board shall hold office on such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determines.

15. Resignation of members of Board

15. (1) A member of the Board may at any time by notice in writing to the Minister—

• (a) resign from the Board, or

• (b) in the case of the chairperson, with or without resigning from the Board, resign from the office of chairperson.

• (2) A resignation under subsection (1) takes effect on the date specified in the notice to the Minister, or on the date on which the Minister receives the notice, whichever is the later.

16. Casual vacancies in membership of Board

16. (1) If a member of the Board resigns, dies or ceases to hold office (otherwise than by effluxion of time), the Minister shall, as soon as practicable, appoint a person in accordance with section 12(4) to be a member of the Board to fill the casual vacancy so occasioned.

• (2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office or such other period (which shall not be less than such unexpired period but which shall not exceed 5 years) as the Minister may determine.

• (3) A person appointed under subsection (1) is eligible for reappointment to the Board on the expiry of the unexpired period or such other period, as appropriate, referred to in subsection (2) but shall not hold office for more than 2 further consecutive terms and in any event shall not hold office for periods the aggregate of which exceeds 8 years.

17. Membership of either House of Oireachtas, European Parliament or local authority (Board or committee of Board)

17. (1) Where a member of the Board or a member of a committee of the Board is—

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

• (b) elected as a member of either House of the Oireachtas or as 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 Board or a member of a committee of the Board.

• (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 or is such a member, be disqualified for appointment as a member of the Board or a member of a committee of the Board.

18. Ineligibility to become and disqualification to act as member of Board

18. (1) A person shall not be eligible for appointment as a member of the Board, and a person who has been appointed shall cease to be a member, if he or she—

• (a) is or becomes a member of staff of the Office,

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

• (c) is convicted of any indictable offence in relation to a company or any other body corporate, or is convicted outside the State of an offence in relation to a company or any other body corporate 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) has a declaration made against him or her under section 819 of the Companies Act 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

• (f) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 whether by virtue of that Chapter or of any other provision of that Act, or

• (g) makes a composition or arrangement with his or her creditors.

• (2) A person is not eligible for appointment as a member of the Board if he or she is adjudicated bankrupt where bankruptcy has not been annulled or discharged, and a person who has been appointed as a member of the Board shall cease to be a member if he or she is adjudicated bankrupt.

19. Removal of member of Board

19. (1) The Minister may remove a member of the Board from office if he or she is satisfied that—

• (a) the member has, without reasonable excuse, failed to discharge the functions of the office,

• (b) the member has become incapable through ill-health or otherwise of performing the functions of the office,

• (c) the member has committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in section 18 as a result of which the member is required to cease to hold office in accordance with that provision),

• (d) the member’s removal is necessary for the effective and efficient performance by the Board of the oversight of the functions of the Office, or

• (e) the member has, in the view of the Minister, a conflict of interest of such significance that the member should cease to hold office.

• (2) Where the Minister proposes to remove a member from office under subsection (1), the Minister shall give notice in writing to the member of that proposal.

• (3) A notice under subsection (2) shall contain a statement informing the member—

• (a) of the reasons for the proposed removal,

• (b) that the member may make representations to the Minister in such form and manner as may be specified,

• (c) that any such representations must be made not later than 30 working days from the date of the giving of the notice, or such longer period as the Minister may, having regard to the requirements of natural justice, specify in the notice, and

• (d) that at the end of the period specified in paragraph (c) or in the notice, whether or not any representations are made, the Minister shall decide whether to remove the member from office.

• (4) In considering whether to remove a member from office under subsection (1), the Minister shall have regard to—

• (a) any representations made by the member in accordance with paragraphs (b) and (c) of subsection (3),

• (b) the views of the Board, and

• (c) any other matter the Minister considers relevant.

• (5) Where, after giving notice under subsection (2), the Minister decides to remove a member from office, the Minister shall notify the member in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notice under this subsection).

20. Meetings of Board

20. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in each year the Board shall hold not less than one meeting in each period of 3 months.

• (2) The Minister, in consultation with the chairperson of the Board, shall fix the date, time and place of the first meeting of the Board.

• (3) The quorum for a meeting of the Board shall be 5 members.

• (4) At a meeting of the Board—

• (a) the chairperson shall, if present, be the chairperson of the meeting, or

• (b) if the chairperson is not present or if the office of chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting.

• (5) Every question at a meeting of the Board on which a vote is required shall be determined by a majority of the votes of the members of the Board 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.

• (6) A meeting of the Board may take place by any means of communication by which all of the members participating can hear and be heard at the same time.

• (7) A member of the Board who participates in a meeting of the Board by electronic means is taken for all purposes to be present at the meeting.

• (8) Subject to subsection (3), the Board may act notwithstanding one or more vacancies among its members.

• (9) Subject to the provisions of this Act, the Board may determine its own procedures.

21. Committees of Board

21. (1) The Board may establish committees, consisting in whole or in part of persons who are members of the Board or members of staff of the Office or persons who are not such members, to assist and advise it in relation to the performance of any of the functions of the Office (in this Part referred to as a “committee of the Board”).

• (2) The Board may delegate to a committee of the Board any of the Board’s functions which, in its opinion, can be better or more conveniently performed by the committee.

• (3) The Board shall determine the terms of reference of each committee appointed under this section and may regulate the procedure of any such committee.

• (4) The members of a committee of the Board shall be appointed by the Board.

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

• (6) A member of a committee of the Board who fails to perform his or her functions may be removed at any time for stated reasons by the Board.

• (7) The acts of a committee of the Board (other than a committee whose sole function is to provide advice to the Board) shall be subject to confirmation by the Board, unless the Board otherwise determines.

• (8) The Board may at any time dissolve a committee of the Board.

22. Remuneration and expenses of members of Board and committees of Board

22. (1) A member of the Board may be paid such remuneration, and such allowances for expenses (if any), as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (2) A member of a committee of the Board, other than a member of the Board, the Chief Executive Officer or any other member of staff of the Office, may be paid such remuneration, and such allowances for expenses (if any), as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (3) A member of the Board, the Chief Executive Officer and a member of staff of the Office shall not receive any additional fees or other form of remuneration in respect of appointment to a committee of the Board.

• (4) Any remuneration or allowances for expenses determined in accordance with subsection (1) or (2) shall be payable by the Office out of moneys at its disposal.

23. Disclosure of interests by member of Board or of committee of Board

23. (1) This section applies to a person who is—

• (a) a member of the Board, or

• (b) a member of a committee of the Board,

where that person or a connected person has a material interest in any matter which falls to be considered by the Board or the committee of the Board concerned.

• (2) A person to whom this section applies—

• (a) shall, in advance of any consideration of the matter, disclose that material interest to the Board or the committee of the Board concerned,

• (b) shall take no part in the deliberation in relation to the matter,

• (c) shall withdraw from a meeting at which the matter is being considered for so long as it is being so considered and shall not be counted towards a quorum for any question at the meeting on which a vote is required,

• (d) shall not influence or seek to influence a decision to be made in relation to the matter,

• (e) shall not make any recommendation to the Board or the committee of the Board concerned or its members in relation to the matter, and

• (f) shall not vote or otherwise act on a decision relating to the matter.

• (3) Where a person discloses a material interest in a matter under subsection (2)—

• (a) the disclosure shall be recorded in the minutes of the meeting, and

• (b) the Board or the committee of the Board concerned may, at its discretion, refer to the disclosure in the annual report of the Office.

• (4) If a person fails to disclose a material interest pursuant to subsection (2), and with that person present the Board or the committee of the Board concerned makes a decision on the matter—

• (a) the decision is not invalid, and shall be taken to have always been valid, if the Board or the committee of the Board concerned subsequently reconsiders the matter without that person present and confirms the decision, and

• (b) a contract entered into by the Board or the committee of the Board concerned in consequence of the decision is not, by reason only of that fact, invalid or unenforceable.

• (5) If at a meeting of the Board or the committee of the Board concerned a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by him or her to comply with subsection (2)—

• (a) the chairperson presiding over the meeting shall determine the question, or

• (b) if the question arises in relation to the chairperson presiding over the meeting, he or she shall retire from the chair for the purposes of determining the question concerned and the question shall be determined by majority vote of the remaining members,

and in either case the determination shall be final and shall be recorded in the minutes of the meeting.

• (6) Where the Minister is satisfied, on being informed by the Board, that a member of the Board has contravened subsection (2), the Minister shall decide the appropriate action to be taken in relation to that person which may include, on the recommendation of the Board, removal from office under section 19 and, where a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of the Board.

• (7) Where the Board is satisfied that a person who is a member of a committee of the Board but not a member of the Board or a member of staff has contravened subsection (2), the Board shall decide the appropriate action (which may include removal from a committee of the Board) to be taken in relation to that person.

• (8) In this section, “connected person” and “material interest” shall be construed in accordance with section 2 of the Ethics in Public Office Act 1995.

Chapter 3 Chief Executive Officer

24. Chief Executive Officer

24. (1) The Office shall have a chief executive officer (in this Part referred to as the “Chief Executive Officer”).

• (2) The Board, with the consent of the Minister, shall appoint a person, recruited in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Public Service Management (Recruitment and Appointments) Act 2004, to be the Chief Executive Officer for such term, not exceeding 5 years, as the Minister may determine.

• (3) Notwithstanding subsection (2), the Minister may, before the establishment day, designate a person to be the first Chief Executive Officer.

• (4) Where, immediately before the establishment day, a person stands designated by the Minister under subsection (3), the person shall, on that day, stand appointed as the first Chief Executive Officer for such period, not exceeding 5 years from the date of his or her appointment, as the Minister may determine.

• (5) The Chief Executive Officer shall hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, by the Minister.

• (6) Subject to subsection (7), a Chief Executive Officer whose term of office expires with the effluxion of time shall be eligible for reappointment by the Board, with the consent of the Minister.

• (7) A person who is reappointed by the Board in accordance with subsection (6) shall not hold office for periods the aggregate of which exceeds 10 years.

• (8) The Chief Executive Officer shall not hold any other office or employment or carry on any business without the consent of the Board and the Minister.

• (9) The Chief Executive Officer shall not be a member of the Board, but he or she shall be entitled to attend meetings of the Board or any committee of the Board and shall be entitled to speak at and give advice at such meetings.

25. Functions of Chief Executive Officer

25. (1) The Chief Executive Officer shall—

• (a) carry on, manage and control generally the administration of the Office,

• (b) perform his or her functions subject to such policies as may be determined from time to time by the Board,

• (c) be accountable to the Board for the efficient and effective management of the Office and for the due performance of his or her functions,

• (d) provide the Board with such information in respect of the performance of his or her functions as the Board may require, and

• (e) perform such other functions (if any) as may be determined by the Board.

• (2) The Chief Executive Officer may—

• (a) make proposals to the Board on any matter relating to the functions of the Board, and

• (b) consult with or request the advice of the Board on any matter relating to a function of the Office.

26. Delegation of functions of Chief Executive Officer

26. (1) The Chief Executive Officer may, with the consent of the Board in writing, delegate any of his or her functions to a specified member of staff of the Office, and that member of staff shall be accountable to the Chief Executive Officer for the performance of the functions so delegated.

• (2) The Chief Executive Officer shall, notwithstanding any delegations made in accordance with subsection (1), at all times remain accountable to the Board for the performance of any functions so delegated.

• (3) The Chief Executive Officer may, with the consent of the Board in writing, revoke a delegation made in accordance with subsection (1).

• (4) A member of staff who is exercising a function delegated by the Chief Executive Officer under subsection (1) shall not participate in any decision of a committee of the Board relating to that function, other than in an advisory capacity.

• (5) In this section, “functions” includes a function delegated by the Board to the Chief Executive Officer, other than a function delegated by the Board subject to a condition that the function shall not be delegated by the Chief Executive Officer to another person.

27. Resignation of Chief Executive Officer

27. The Chief Executive Officer may resign from office by giving notice in writing to the Board and the Minister of his or her resignation, and the resignation shall take effect on such date as may be specified in the notice or, where no such date is specified, on the day on which the Board receives the notice.

28. Removal of Chief Executive Officer

28. (1) The Board may, at any time, remove the Chief Executive Officer from office if the Board is satisfied that—

• (a) the Chief Executive Officer has become incapable, through ill-health or otherwise of performing his or her functions,

• (b) the Chief Executive Officer has committed stated misbehaviour, or

• (c) the removal of the Chief Executive Officer is necessary for the effective and efficient performance of the Office’s functions.

• (2) Where the Board proposes to remove the Chief Executive Officer from office under subsection (1), the Board shall notify the Chief Executive Officer in writing of the proposal.

• (3) A notice under subsection (2) shall include a statement—

• (a) of the reasons for the proposed removal,

• (b) that the Chief Executive Officer may make representations to the Board in such form and manner as may be specified,

• (c) that any such representations must be made not later than 20 working days from the date of the giving of the notice, or such longer period as the Board may, having regard to the requirements of natural justice, specify in the notice, and

• (d) that at the end of the period referred to in paragraph (c) or in the notice, whether or not any representations are made, the Board shall decide whether to remove the Chief Executive Officer from office.

• (4) In considering whether to remove the Chief Executive Officer from office under subsection (1), the Board shall—

• (a) take into account any representations made in accordance with paragraphs (b) and (c) of subsection (3),

• (b) seek and take into account the views of the Minister, and

• (c) take into account any other matter that the Board considers relevant for the purposes of its decision.

• (5) Where, after giving notice under subsection (2), the Board decides to remove the Chief Executive Officer from office, it shall notify the Chief Executive Officer, in writing, of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notice under this subsection).

• (6) Where the Board decides to remove the Chief Executive Officer from office in accordance with this section, the Board shall prepare a statement of the reason or reasons for such removal and shall furnish that statement to the Minister and the Minister shall cause that statement to be laid before each House of the Oireachtas as soon as practicable after receiving it.

29. Ineligibility to become and disqualification to hold office of Chief Executive Officer

29. (1) A person shall not be eligible for appointment as Chief Executive Officer, and a person who has been appointed shall cease to be qualified for office if he or she—

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

• (b) is convicted of any indictable offence in relation to a company or any other body corporate, or is convicted outside the State of an offence in relation to a company or any other body corporate consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

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

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

• (e) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 whether by virtue of that Chapter or of any other provision of that Act, or

• (f) makes a composition or arrangement with his or her creditors.

• (2) A person is not eligible for appointment as Chief Executive Officer if he or she is adjudicated bankrupt and such bankruptcy has not been annulled or discharged, and a person who has been appointed shall cease to be Chief Executive Officer if he or she is adjudicated bankrupt.

30. Acting Chief Executive Officer

30. (1) Subject to subsection (2), the Board, with the consent of the Minister, may appoint such other person to perform the functions of the Chief Executive Officer during—

• (a) any period or periods when the Chief Executive Officer is absent from duty or from the State or is, for any other reason, unable to perform the functions of the Chief Executive Officer,

• (b) any suspension from office of the Chief Executive Officer, or

• (c) any vacancy in the office of the Chief Executive Officer.

• (2) A person shall not be appointed to perform the functions of the Chief Executive Officer for a continuous period of more than 12 months during a vacancy in the office of Chief Executive Officer.

• (3) The Board may, on notice to the Minister, at any time terminate an appointment under this section.

31. Membership of either House of Oireachtas, European Parliament or local authority (Chief Executive Officer or staff)

31. (1) Where the Chief Executive Officer or a member of staff of the Office is—

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

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

he or she shall thereupon cease to be the Chief Executive Officer or a member of staff.

• (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 or is such a member, be disqualified for appointment as Chief Executive Officer or as a member of staff.

32. Accountability of Chief Executive Officer to Public Accounts Committee

32. (1) The Chief Executive Officer shall, whenever required in writing to do so by the Public Accounts Committee, give evidence to that Committee in relation to—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Office is required by or under this Act or any other enactment to prepare,

• (b) the economy and efficiency of the Office in the use of its resources,

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

• (d) any matter affecting the Office referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General, in so far as it relates to a matter specified in paragraph (a), (b) or (c), that is laid before Dáil Éireann.

• (2) In the performance of his or her duties under this section, the Chief Executive Officer shall not question or express an opinion on the merits of any policy of the Government or of a Minister of the Government or the objectives of such a policy.

• (3) In this section, “Public Accounts Committee” means the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General.

33. Accountability of Chief Executive Officer to other Oireachtas Committees

33. (1) Subject to subsection (2), the Chief Executive Officer shall, at the request in writing of an Oireachtas Committee, attend before it to give an account of the general administration of the Office.

• (2) The Chief Executive Officer shall not be required to give an account before an Oireachtas Committee of any matter which is the subject of proceedings before a court or tribunal in the State.

• (3) Where the Chief Executive Officer is of the opinion that a matter in respect of which he or she is requested to give an account before an Oireachtas Committee is a matter to which subsection (2) applies, he or she shall inform the Oireachtas Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to that Oireachtas Committee at a time when the Chief Executive Officer is before it, the information shall be so conveyed in writing.

• (4) Where the Chief Executive Officer has informed an Oireachtas Committee of his or her opinion in accordance with subsection (3) and the Oireachtas Committee does not withdraw its request on the matter the subject of that opinion—

• (a) the Chief Executive Officer may, not later than 21 working days from the date on which the Oireachtas Committee informed the Chief Executive Officer of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

• (b) the chairperson of the Oireachtas Committee may, on behalf of the Oireachtas Committee, make such an application not later than 21 working days from the date on which the Chief Executive Officer was informed of its decision not to do so,

and the High Court shall determine the matter.

• (5) Pending the determination of an application under subsection (4), the Chief Executive Officer shall not attend before the Oireachtas Committee to give an account of the matter the subject of the application.

• (6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the Chief Executive Officer shall attend before the Oireachtas Committee to give an account of the matter.

• (7) In the performance of his or her duties under this section, the Chief Executive Officer shall not 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 a policy.

• (8) In this section, “Oireachtas Committee” means—

• (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the committee referred to in section 32, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

• (b) a sub-committee of a committee referred to in paragraph (a).

Chapter 4 Staff of Office, consultants and advisers

34. Staff of Office

34. (1) The Office may, with the approval of the Minister and the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, appoint such and so many persons to be members of staff of the Office as it from time to time considers appropriate.

• (2) The terms and conditions of service of a member of the staff of the Office and the grade at which he or she serves shall be such as may be determined by the Office, with the approval of the Minister and the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (3) There shall be paid by the Office to members of its staff such remuneration and allowances for expenses as may be approved from time to time by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (4) The members of the staff of the Office shall perform their functions under the direction and control of the Chief Executive Officer.

• (5) Appointments under this section shall be subject to the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005.

• (6) Subject to subsection (7), the Office may enter into an arrangement with the employer of a public sector employee for the secondment of the employee to be a member of staff of the Office for the duration of the secondment.

• (7) A secondment under subsection (6) may only be made with the consent of the public sector employee concerned and the Minister.

• (8) In this section, “public sector employee” means a person whose emolument is paid, funded or partly funded directly or indirectly by the State.

35. Engagement of consultants and advisers

35. (1) The Office may engage such consultants and advisers for such period and subject to such terms and conditions as it considers necessary or expedient for the performance of its functions.

• (2) Fees payable to a consultant or adviser engaged under this section shall, having regard to guidelines issued from time to time by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, be paid by the Office out of moneys at its disposal.

36. Prohibition on unauthorised disclosure of confidential information

36. (1) Subject to subsection (2), a person shall not disclose confidential information obtained by him or her while performing functions as—

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

• (b) a member of the staff of the Office,

• (c) the Chief Executive Officer,

• (d) a consultant or adviser engaged by the Office or other person providing services to the Office or a member of the staff of such consultant or adviser or other person.

• (2) Subsection (1) shall not operate to prevent the disclosure of confidential information by a person referred to in that subsection if the disclosure is—

• (a) made in the performance of the functions of the Office,

• (b) made to or authorised by the Office, the Board, or the Chief Executive Officer,

• (c) made by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995,

• (d) a protected disclosure within the meaning of the Protected Disclosures Act 2014,

• (e) required or permitted by law,

• (f) made to a member of An Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether or not it is an offence under this Act), or

• (g) made to a public authority, whether in the State or otherwise, for the purposes of facilitating co-operation between the Office and such authority in the performance of their respective functions.

• (3) A person who contravenes subsection (1) shall be guilty of an offence.

• (4) In this section, “confidential information” means—

• (a) information of a commercially sensitive nature submitted to the Office by a consultant or adviser or any other person for the purposes of the performance by the Office of its functions, or

• (b) other information that is expressed by the Office to be confidential either as regards particular information or as regards information of a particular class or description.

Chapter 5 Accountability and funding of Office

37. Advances to Office

37. In each financial year, the Minister may advance to the Office out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine for the purposes of expenditure by the Office in the performance of its functions.

38. Strategy statement

38. (1) The Office shall, having consulted with the Board and as soon as practicable after the establishment day, and thereafter not later than 6 months before each third anniversary of the establishment day, prepare and submit to the Minister a statement (in this section referred to as a “strategy statement”) in respect of the period of 3 years immediately following the year in which the strategy statement is submitted.

• (2) A strategy statement shall—

• (a) include the key objectives, outputs and related strategies of the Office, including the use of resources 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, include a review and evaluation of the work of the Office in the performance of its functions in the previous 3 years.

• (3) A strategy statement shall be prepared in the form and manner that the Minister may from time to time direct.

• (4) The Office shall, in the preparation of a strategy statement, have regard to the need to ensure the most effective and efficient use of the resources available to the Office.

• (5) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1), cause a copy of that statement to be laid before each House of the Oireachtas.

• (6) The Office shall, as soon as practicable after a copy of the strategy statement is laid before each House of the Oireachtas in accordance with subsection (5), arrange for the strategy statement to be published on its website.

39. Accounts of Office

39. (1) The Office shall keep, or cause to be kept, in such form and in respect of such accounting periods as may be specified by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, all proper and usual accounts of all moneys received or expended by it.

• (2) The Office shall submit accounts kept under subsection (1) to the Comptroller and Auditor General for audit not later than 1 April in the year immediately following the accounting period to which they relate or on such earlier date as the Minister may from time to time specify.

• (3) As soon as practicable after the audit referred to in subsection (2), the Office shall present a copy of—

• (a) the annual accounts, and

• (b) the report of the Comptroller and Auditor General on the accounts,

to the Minister who, as soon as practicable after such presentation, shall cause copies of them to be laid before each House of the Oireachtas.

• (4) The Office shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Office in respect of any accounting period or other period and shall facilitate any such examination, and the Office shall pay such fee for the examination as may be fixed by the Minister.

40. Annual report

40. (1) The Office shall, not later than 6 months after the end of each year, prepare and submit to the Minister a report in writing (in this section referred to as an “annual report”) on the performance of its functions during the preceding year.

• (2) Notwithstanding subsection (1), if, but for this subsection, the first annual report would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be prepared and submitted by the Office to the Minister as soon as may be, but not later than 6 months after the end of that year.

• (3) An annual report shall be in such form and shall include such information on the performance of the functions of the Office during the period to which the report relates as the Office considers appropriate or the Minister may direct.

• (4) The Minister shall, as soon as practicable after receipt of an annual report under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.

• (5) The Office shall, as soon as practicable after a copy of the annual report is laid before each House of the Oireachtas in accordance with subsection (4), arrange for the annual report to be published on its website.

PART 3 Single Point of Contact, AI Register, Sandboxes, Real World Testing and Data Protection

Chapter 1 Interpretation

41. Interpretation (Part 3)

41. In this Part—

“AI register” means the register established in accordance with section 43;

“sandbox” has the meaning given to it in section 46.

Chapter 2 Single point of contact and AI register

42. Single point of contact

42. (1) The Office is designated as the single point of contact for the purposes of Article 70(2).

• (2) Regulation 6 of the Designation Regulations is revoked.

43. AI register

43. (1) The Office shall, as soon as practicable after the coming into operation of this section, cause to be established and maintained, in such form as it considers appropriate, a register of the matters specified in subsection (2) (in this Part referred to as the “AI register”).

• (2) The AI register shall contain the following details:

• (a) all incidences of prohibited AI practices under Article 5 in the State;

• (b) all serious incidents of high-risk AI systems in the State reported under Article 73;

• (c) high-risk AI systems referred to in point 2 of Annex III in accordance with Article 49(5);

• (d) any other AI-related incidents or notifications in the State required to be reported under the Artificial Intelligence Regulation.

• (3) The Office shall ensure that the AI register is maintained in a secure and accessible format and updated regularly.

• (4) The Office shall, from time to time, review each entry in the AI register and, if it becomes aware that any particular in the AI register is incorrect or has ceased to be correct, it shall make such alteration to the AI register as it considers necessary.

44. Administrative co-operation with certain bodies not established in the State

44. (1) The Office may, in the interests of the effective discharge of its functions, including that as the single point of contact, co-operate, and enter into co-operation agreements, with a body not established in the State, if that body performs similar functions to the Office.

• (2) Without prejudice to the generality of subsection (1), a body which is designated as a national competent authority under Article 70 shall be considered to be a body that performs similar functions to the Office.

• (3) Where the Office enters into an agreement under this section, the Office may—

• (a) provide the Minister with a copy of the agreement, and

• (b) publish the agreement on a website maintained by it, with the consent of all parties to the agreement, and subject to such redaction as may be agreed between them.

45. Co-operation forum

45. The Office shall establish a co-operation forum to enable co-operation, coordination and information exchange among competent authorities responsible for the supervision and enforcement of the Artificial Intelligence Regulation in the State.

Chapter 3 Sandboxes

46. AI regulatory sandbox

46. (1) The Office may establish one or more AI regulatory sandboxes (in this Part referred to as a “sandbox”) in accordance with Article 57.

• (2) For the purposes of subsection (1), the Minister, following consultation with each relevant Minister (other than where the relevant Minister is the Minister), may make regulations providing for the establishment of a sandbox.

• (3) Without prejudice to the generality of subsection (2), regulations under this section may provide for all or any of the following matters in respect of a sandbox established under this section:

• (a) issuing guidelines and procedures to other relevant competent authorities for the operation of a sandbox;

• (b) setting conditions and criteria for evaluation and selection of applicants to participate in any sandbox that the Office is supervising;

• (c) setting conditions and criteria for the inclusion of applicants who are selected to participate in any sandbox that the Office is supervising;

• (d) monitoring and coordinating activities that occur within a sandbox;

• (e) where appropriate, entering into arrangements with European Union institutions and bodies for participation by the Office in an AI regulatory sandbox established by another Member State under the Artificial Intelligence Regulation;

• (f) where appropriate, entering into arrangements in relation to other AI regulatory sandboxes, whether in the State or in another Member State;

• (g) where appropriate, co-operating with other relevant competent authorities to support the functioning of a sandbox;

• (h) any other matters that are necessary or expedient for the purposes of giving effect to subsection (2).

47. Personal data for sandbox

47. (1) Personal data lawfully collected for other purposes may be processed solely for the purpose of developing, training and testing certain AI systems in a sandbox in accordance with Article 59.

• (2) Where a sandbox involves the processing of personal data or otherwise falls under the supervisory remit of the Data Protection Commission, the Office shall ensure, in accordance with Article 57(10), that the Data Protection Commission is—

• (a) associated with the operation of the sandbox, and

• (b) involved in the supervision of those aspects of the sandbox relevant to data protection.

Chapter 4 Real world testing

48. Testing of high-risk AI systems in real world conditions

48. (1) A provider or prospective provider (in this section referred to as an “applicant”) may apply to a relevant market surveillance authority to conduct testing of high-risk AI systems in accordance with Article 60.

• (2) An application under subsection (1) shall be made in the form and manner specified by the relevant market surveillance authority concerned.

• (3) A relevant market surveillance authority that receives an application under subsection (1) may, in advance of determining the application, by notice in writing request the applicant to provide additional information to the relevant market surveillance authority within a specified period, and where the relevant market surveillance authority does so, the applicant shall comply with that requirement within the period specified in the request.

• (4) Where the relevant market surveillance authority is satisfied, having considered an application under subsection (1) and any additional information provided in response to a request under subsection (3), that an applicant—

• (a) meets each of the conditions referred to in Article 60(4), the relevant market surveillance authority may permit the applicant to conduct testing of the AI system in real world conditions in accordance with that Article, or

• (b) does not meet each of the conditions referred to in Article 60(4), the relevant market surveillance authority shall refuse to permit the applicant to conduct testing of the AI system in real world conditions in accordance with that Article.

• (5) Where the relevant market surveillance authority permits, or refuses to permit, testing of an AI system in real world conditions under subsection (4), the relevant market surveillance authority shall, by notice in writing, inform the applicant and, in the case of a refusal to permit, inform the applicant of the right to a review of the refusal under section 50.

49. Suspension, termination or modification of testing in real world conditions

49. (1) Where a relevant market surveillance authority proposes, in accordance with Article 76(3), to suspend, terminate or require the modification of any aspect of testing permitted under section 48 (in this section and in section 50 referred to as a “proposal”), the relevant market surveillance authority shall, by notice in writing, inform the provider or prospective provider concerned in writing of the proposal.

• (2) A notice under subsection (1) shall—

• (a) include particulars of the proposal and the reason for it,

• (b) inform the provider or prospective provider that they are entitled to make representations in accordance with subsection (3) regarding the proposal,

• (c) inform the provider or prospective provider that, if no such representations are made within the period referred to in subsection (3), the proposal shall come into effect 14 working days from the date of the notice, and

• (d) inform the provider or prospective provider that they are entitled, in accordance with section 50, to seek a review of a decision relating to the proposal.

• (3) Where a provider or prospective provider receives a notice under subsection (1), the provider or prospective provider may make representations to the relevant market surveillance authority concerned on the proposal within such period, not exceeding 14 working days from the date of the notice, as may be specified in the notice.

• (4) Where—

• (a) no representations are made under subsection (3) within the period specified in the notice, the proposal shall come into effect 14 working days from the date of the notice, or

• (b) representations are made under subsection (3) within the period specified in the notice, the relevant market surveillance authority shall, having considered such representations, decide as soon as practicable whether or not to proceed with the proposal.

• (5) Having made a decision under subsection (4)(b), the relevant market surveillance authority shall, by notice in writing—

• (a) inform the provider or prospective provider in writing of the decision, and

• (b) where the relevant market surveillance authority decides to proceed with the proposal, notify the provider or prospective provider of the date on which the proposal shall come into effect.

• (6) Where a relevant market surveillance authority decides, under subsection (4)(b), to proceed with a proposal, the proposal shall come into effect on the date referred to in subsection (5)(b).

• (7) Where a relevant market surveillance authority decides to proceed with a proposal, it shall communicate the grounds for the decision to the Member State market surveillance authorities of each Member State in which the AI system to which the proposal relates has been tested in accordance with the testing plan.

50. Review of refusal or decision concerning testing in real world conditions

50. (1) Where—

• (a) a relevant market surveillance authority refuses to permit testing of high-risk AI systems in real world conditions under section 48(4)(b), or

• (b) a relevant market surveillance authority decides, under section 49(4)(b), to proceed with a proposal,

the provider or prospective provider concerned may, not later than 14 working days from the date of the notification under section 48(5) or section 49(5), as the case may be, request in writing a review (in this section referred to as a “review request”) of such refusal or decision.

• (2) A review request shall be made in the form and manner specified by the relevant market surveillance authority concerned.

• (3) A review request shall state the grounds on which the provider or prospective provider making the request seeks a review of the decision concerned.

• (4) A relevant market surveillance authority shall, upon receipt of a review request, appoint an independent person (in this section referred to as a “reviewer”) to carry out a review in accordance with this section.

• (5) A reviewer shall, as soon as is practicable after being appointed—

• (a) review the refusal under section 48(4)(b) or the decision under section 49(4)(b), as the case may be, and

• (b) recommend to the relevant market surveillance authority concerned that—

• (i) the refusal or decision, as the case may be, should be affirmed, or

• (ii) the refusal or decision, as the case may be, should be reconsidered by the relevant market surveillance authority.

• (6) The reviewer shall, within 14 working days of making a recommendation under subsection (5), give notice to the provider or prospective provider who made the review request, and to the relevant market surveillance authority concerned, of the recommendation and the reasons for it.

• (7) Where a recommendation is made under subsection (5)(b)(ii), the relevant market surveillance authority concerned shall—

• (a) reconsider the refusal or decision, as the case may be, and

• (b) notify the provider or prospective provider who made the review request of the outcome of its reconsideration and the reasons for that outcome.

Chapter 5 Data protection