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struments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Civil Law (Miscellaneous Provisions) Act 2022 Civil Law (Miscellaneous Provisions) Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 19 of 2022 CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title and collective citation 2. Commencement 3. Expenses PART 2 Financial Contribution for Hosting of Temporary Protection Beneficiaries 4.

terpretation (Part 2)

1. Expenses of Minister (Part 2)
2. Eligibility for financial contribution
3. Application for financial contribution
4. Payment of financial contribution
5. Amount of financial contribution
6. Appointed officers
7. Notification of decisions by appointed officer
8. Appeals officers
9. Appeals
10. Change

circumstances

1. Recovery of overpayment
2. Sharing of

formation

1. Offences and penalties (Part 2)
2. Provisions relating to prosecutions
3. Disregard of financial contribution for purposes of means-testing
4. Notifications (Part 2)
5. Regulations (Part 2)
6. Payment of financial contribution not to create landlord and tenant relationship
7. Amendment of Taxes Consolidation Act 1997
8. Amendment of Residential Tenancies Act 2004 PART 3 Amendments of Childcare Support Act 2018
9. Amendment of Childcare Support Act 2018 PART 4 Amendment of Immigration Act 2004 and Other Enactments
10. Definitions (Part 4)
11. Amendment of section 6 of Act of 1999
12. Amendment of section 1 of Act of 2004
13. Amendment of section 4 of Act of 2004
14. Amendment of section 9 of Act of 2004
15. Registration officers
16. Amendment of section 14 of Act of 2004
17. Amendment of section 18 of Act of 2004
18. Amendment of section 19 of Act of 2004
19. Amendment of Second Schedule to Act of 2004
20. Amendment of Employment Permits (Amendment) Act 2014
21. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022
22. Amendment of Aliens Order 1946
23. Amendment of Regulations
24. Transitional provisions (Part 4) PART 5 Processing of certain personal data 41.

terpretation (Part 5)

1. Collection of personal data by relevant officer for relevant immigration enactment and relevant social welfare enactment
2. Processing of personal data collected

accordance with section 42

1. Regulations (Part 5) PART 6 Licensed Haulage Emergency Support Scheme
2. Licensed Haulage Emergency Support Scheme PART 7 Amendment of Road Traffic Acts
3. Amendment of Road Traffic Act 1961
4. Amendment of Road Traffic Act 2010 PART 8 Stardust

quest (Special Jury Provisions)

1. Definitions (Part 8)
2. Coroner for the coroner’s district of Dublin
3. Application of Act of 1962 and Act of 1976
4. Power to sit with jury for Stardust

quest

1. Assistance to coroner for coroner’s district of Dublin by Courts Service
2. Qualification and liability for service on jury at Stardust

quest 54.

eligibility and disqualification for service on jury at Stardust

quest

1. Empanelling and summoning of jurors
2. Service of jury summons
3. Selection of jury from panel
4. Additional jurors
5. Discharge of juror
6. Failure of jury to agree
7. Jury service by employees and apprentices
8. Offences Acts Referred to Childcare Support Act 2018 (No. 11) Communications Regulation (Postal Services) Act 2011 (No. 21) Companies Act 2014 (No. 38) Coroners Act 1962 (No. 9) Data Protection Act 2018 (No. 7) Education Act 1998 (No. 51) Education and Training Boards Act 2013 (No. 11) Employment Permits (Amendment) Act 2014 (No. 26) Garda Síochána (Functions and Operational Areas) Act 2022 (No. 7) Housing (Miscellaneous Provisions) Act 2009 (No. 22) Housing (Miscellaneous Provisions) Act 2014 (No. 21) Immigration Act 1999 (No. 22) Immigration Act 2004 (No. 1)

ternational Protection Act 2015 (No. 66)

terpretation Act 2005 (No. 23) Juries Act 1976 (No. 4) Local Government Act 2001 (No. 37) Public Service Pay and Pensions Act 2017 (No. 34) Refugee Act 1996 (No. 17) Residential Tenancies (Amendment) Act 2015 (No. 42) Residential Tenancies Act 2004 (No. 27) Road Traffic Act 1961 (No. 24) Road Traffic Act 2010 (No. 25) Road Traffic Acts 1961 and 2010 Road Traffic Acts 1961 to 2018 Road Traffic and Transport Act 2006 (No. 28) Social Welfare Consolidation Act 2005 (No. 26) Taxes Consolidation Act 1997 (No. 39) Number 19 of 2022 CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2022 An Act to make provision for certain matters relating to persons to whom permission to reside

the State is given under section 60

ternational Protection Act 2015 ; to provide for the making of a payment,

certain circumstances, to persons who provide accommodation to such persons; to provide for the making of certain payments

respect of the children of such persons, and for that purpose to amend the Childcare Support Act 2018 ; to provide for the recognition of certain driving licences held by such persons and for that purpose to amend the Road Traffic Acts 1961 and 2010; to make better provision

relation to the registration of non-nationals

the State and for that purpose to amend the Immigration Act 2004 and other enactments; to provide for the collection by specified persons of personal data of certain persons arriving

the State and to provide for the processing of that data

certain circumstances; to make provision for a scheme established and operated by the Minister for Transport to support certain road haulage operators; to make special provision relating to the jury at coroners’

quests relating to the deaths of persons at the Stardust nightclub

the city of Dublin

1981; and to provide for related matters. [14th July, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and collective citation 1.

to operation on such day or days as the Minister for Justice may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

to operation on such day or days as the Minister for Children, Equality, Disability,

tegration and Youth may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

to operation on such day or days as the Minister for Transport may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Expenses 3. The expenses

curred by the Minister for Justice and the Minister for Transport

the administration of this Act, and by any other Minister of the Government

the administration of any other Act

so far as that other Act is amended by this Act, shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. PART 2 Financial Contribution for Hosting of Temporary Protection Beneficiaries

terpretation (Part 2) 4.

this Part— “Act of 2005” means the Social Welfare Consolidation Act 2005 ; “Act of 2011” means the Communications Regulation (Postal Services) Act 2011 ; “appeals officer” means a person appointed by the Minister for Social Protection

accordance with section 12 ; “applicant” means a person who makes an application under section 7

force

Saorstát Éireann immediately before the date of the coming

to operation of the Constitution and that continued

force by virtue of Article 50 of the Constitution, or (c) an

strument made under an Act of the Oireachtas or a statute referred to

paragraph (b); “Minister” means the Minister for Children, Equality, Disability,

tegration and Youth; “national postcode system” has the same meaning as it has

section 66 of the Act of 2011; “personal public service number” means a number allocated and issued

accordance with section 262 of the Act of 2005; “postcode” has the same meaning as it has

section 66 of the Act of 2011; “qualifying period” means the period commencing on 4 March 2022 and expiring on the scheme termination date; “scheme termination date” means 31 March 2023 or such later date as may be specified by the Minister

an order made by him or her under subsection

ternational Protection Act 2015 applies on foot of Council Implementing Decision (EU) 2022/382 of 4 March 20221 and who has been given a permission to reside

the State under subsection

the definition of “scheme termination date”

subsection

the order, having regard to the matter specified

subsection

making an order under subsection

creasing the availability of accommodation for temporary protection beneficiaries.

curred by the Minister

the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Eligibility for financial contribution 6.

respect of an eligible dwelling for a calendar month where the following conditions are satisfied: (

1. a)the person is— (
2. i)an owner of the dwelling, or (
3. ii)where the dwelling is the subject of a tenancy, a tenant

respect of the dwelling; (

1. b)the person is a natural person; (
2. c)the person has granted to one or more temporary protection beneficiaries the right to enter the dwelling and to occupy all or part of the dwelling; (
3. d)one or more temporary protection beneficiaries occupy the dwelling or part of the dwelling on the last day of the calendar month; (
4. e)there is, on the last day of the calendar month, no rental agreement

respect of the dwelling or part of the dwelling

effect between the person and one or more of the temporary protection beneficiaries referred to

paragraph (d); (f) none of the temporary protection beneficiaries referred to

paragraph (d) (either

his or her own right or as a minor under the care of an adult) receive any of the following

respect of the dwelling for the calendar month: (i) payment of a supplement towards the amount of rent payable by a person

respect of his or her residence payable

accordance with regulations made under section 198 of the Act of 2005; (

1. ii)housing assistance, within the meaning of Part 4 of the Housing (Miscellaneous Provisions) Act 2014 ; (iii) social housing support, within the meaning of the Housing (Miscellaneous Provisions) Act 2009 ; (
2. g)the calendar month falls

the qualifying period; (h) the person has made an application for a financial contribution

accordance with section 7 ; (i) a declaration under section 7

respect of the dwelling and has not been revoked on or before the last day of the calendar month; (j) the person has, where a request for

formation has been made under section 10

formation requested to the appointed officer concerned.

respect of an eligible dwelling for a calendar month.

respect of an eligible dwelling for a calendar month, only one owner or tenant, as the case may be, shall be entitled to a financial contribution

respect of the eligible dwelling for the calendar month.

this section, “rental agreement” means an agreement or arrangement under which one party grants to the other party a right to occupy all or part of a dwelling, subject to the payment of money by that other party to the first-mentioned party. Application for financial contribution 7.

respect of an eligible dwelling shall be made to the Minister for Social Protection.

clude the following: (

1. a)the name of the applicant; (
2. b)the address of the applicant; (
3. c)the personal public service number of the applicant; (
4. d)the following

formation

respect of each temporary protection beneficiary occupying the eligible dwelling: (

1. i)name; (
2. ii)personal public service number; (iii) date on which occupation of the eligible dwelling commenced; (
3. iv)where applicable, the date on which occupation of the eligible dwelling ceased; (
4. e)the declaration made under subsection

respect of an eligible dwelling shall make a declaration— (

1. a)that the applicant has granted to one or more temporary protection beneficiaries the right to— (
2. i)enter the dwelling

respect of which the application is made, and (

1. ii)occupy all or part of the dwelling for not less than 6 months, (
2. b)that the applicant is— (
3. i)an owner of the dwelling, or (
4. ii)where the dwelling is the subject of a tenancy, a tenant

respect of the dwelling, (

1. c)that one or more temporary protection beneficiaries are occupying the dwelling or part of the dwelling, (
2. d)where the applicant is a tenant

respect of the dwelling, that the owner and other tenants, if any, have consented to the occupation of the dwelling or part of the dwelling by one or more temporary protection beneficiaries, (e) where there is more than one owner or tenant

respect of the dwelling, that the other owners or tenants, as the case may be, have consented to the applicant making the application, and (f) as to such other matters as may be prescribed for the purpose of ensuring the suitability of the dwelling.

section 6

respect of an eligible dwelling for a calendar month, or (b) it is determined on appeal under section 13

section 6

respect of an eligible dwelling for a calendar month, a financial contribution

respect of the eligible dwelling for the calendar month shall be payable by the Minister for Social Protection to the applicant.

the amount of the moneys paid by the Minister for Social Protection

accordance with subsection

respect of an eligible dwelling for a calendar month shall be— (

1. a)€400, or (
2. b)where an amount stands specified

an order under subsection

subsection

the order on— (a) the number of persons who avail of the financial contribution (

cluding where the scheme termination date is extended

accordance with section 4

paragraph (a), and (c) the cost to the Exchequer of the payment of financial contributions under this Part, but shall not have regard to the costs to persons referred to

paragraph (a) of provision of accommodation to temporary protection beneficiaries.

writing, such and so many members of the staff of the Minister for Social Protection as he or she considers appropriate to be appointed officers under this Part and a person so designated shall be an appointed officer for such period as the Minister may determine.

accordance with the regulations, if any, made under section 21 ,every question arising— (a) as to whether an applicant satisfies the conditions specified

section 6

respect of an eligible dwelling, whether at the time of application or at a later date, and (b) as to such other matters, if any,

relation to an application under this Part which are prescribed as matters to be decided by an appointed officer, shall be decided by an appointed officer.

subsection

section 6

respect of an eligible dwelling, request an applicant to provide to him or her such

formation as the appointed officer may reasonably require. Notification of decisions by appointed officer 11.

section 6

respect of an eligible dwelling, notify the applicant of the appointed officer’s decision as to whether those conditions are satisfied at that time.

section 6

respect of an eligible dwelling, has ceased to satisfy those conditions at a later time, notify the applicant of the appointed officer’s decision that those conditions are no longer satisfied.

form the applicant of the right to appeal the decision under section 13 and the time within which an appeal may be brought. Appeals officers 12.

dependent

the performance of his or her functions under this Part. Appeals 13.

writing to the Minister for Social Protection within 21 days of the date of the notification of the decision.

this section referred to as a “designated appeals officer”) to determine the appeal.

all the circumstances of the case which may be a determination to— (

1. i)confirm the decision the subject of the appeal, or (
2. ii)annul the decision and replace it with such other decision as the designated appeals officer considers appropriate, and (
3. b)notify the applicant and the appointed officer of the decision.

circumstances 14. Where an applicant becomes aware of a change

circumstances regarding any of the matters referred to

section 6

formation provided by the applicant under section 7 (

cluding any

formation

cluded

a declaration provided under section 7

writing of the change

circumstances as soon as reasonably practicable after the applicant becomes aware of that change. Recovery of overpayment 15. Where— (a) the Minister for Social Protection pays a financial contribution to a person

accordance with this Part, and (b) that Minister subsequently ascertains that the person was not entitled to the financial contribution, or part of the financial contribution, because of fraud or for any other reason, that financial contribution, or part of that financial contribution, as the case may be, shall be recoverable as a debt due to the State and, without prejudice to any other remedy, shall be recoverable by the Minister for Social Protection as a debt under statute

any court of competent jurisdiction. Sharing of

formation 16.

formation specified

subsection

accordance with subsections

formation referred to

subsection

respect of an applicant, the name, personal public service number, address and number of eligible dwellings

respect of which a financial contribution is being paid; (b)

respect of an eligible dwelling, the Eircode; (c)

respect of a temporary protection beneficiary, the name and personal public service number.

formation specified

subsection

formation specified

subsection

respect of which an application is made under section 7 is an eligible dwelling.

formation specified

subsection

respect of which an application is made under section 7 is a temporary protection beneficiary.

those subsections, or (b) the Revenue Commissioners, by or under any enactment or otherwise.

any material respect, or knowingly conceals any material fact, or (b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or

formation which he or she knows to be false

a material particular, is guilty of an offence.

dictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years, or to both. Provisions relating to prosecutions 18.

stitute any summary proceedings for an offence under section 17 at the suit of the Minister for Social Protection unless the officer is authorised

that behalf by special or general directions of the Minister for Social Protection or the Minister for Social Protection has consented to the

itiation of those proceedings.

any enactment specifying the period within which proceedings may be commenced, summary proceedings for an offence under section 17 may be brought at any time within whichever of the following periods later expires— (

1. a)2 years commencing on the date on which the offence was alleged to have been committed, or (
2. b)18 months commencing on the date on which evidence sufficient to justify the

stitution of the prosecution came

to the possession of the Minister for Social Protection.

that subsection came

to his or her possession shall be sufficient evidence thereof until the contrary is shown.

a prosecution for an offence under section 17 it is shown to the satisfaction of the court— (a) that an application has been made by a person (

this section referred to as “the defendant”) under section 7 , and (b) that as a result of that application a financial contribution has been paid to any person (whether or not the financial contribution was paid to the defendant), the defendant shall be presumed to have given any

formation contained

the application (or to have caused it to be given on his or her behalf) and, where the

formation is false, with full knowledge of its falsity and with

tent that it should deceive; but this presumption may be rebutted.

stitution of proceedings under this Part a certificate, purporting to be given by an officer of the Minister for Social Protection authorised

that behalf by the Minister for Social Protection and to be signed by that officer, certifying the facts set out

paragraph (b), shall be sufficient evidence

any legal proceedings of the matters certified

the certificate, until the contrary is shown. (b) The facts referred to

paragraph (a) are that a person is an officer of the Minister for Social Protection and that he or she has been authorised under a special or general direction of the Minister for Social Protection to

stitute the proceedings, or that the Minister for Social Protection has consented to the

stitution of those proceedings. Disregard of financial contribution for purposes of means-testing 19.

come of a person meets or exceeds a threshold, any financial contribution received by the person under this Part shall not be taken

to account when calculating that

come.

respect of a benefit granted by or under the Act of 2005 where regulations are made under that Act having a similar effect, as regards determination of eligibility for the benefit, to subsection

this section— “Act of 1998” means the Education Act 1998 ; “Act of 2014” means the Companies Act 2014 ; “board” has the same meaning as it has

the Act of 1998; “company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; “education and training board” means an education and training board established under section 9 of the Education and Training Boards Act 2013 ; “public body” means— (a) a Minister of the Government, (b) the Attorney General, (c) the Comptroller and Auditor General, (d) the Revenue Commissioners, (e) the Commissioners of Public Works

Ireland, (

1. f)the Commissioner of Valuation, (
2. g)the Garda Síochána, (
3. h)the Defence Forces, (
4. i)a local authority for the purposes of the Local Government Act 2001 , (
5. j)the Health Service Executive, (
6. k)an education and training board, (
7. l)a recognised school established and maintained by an education and training board, (
8. m)a board of a recognised school established and maintained by an education and training board, (
9. n)a body established— (
10. i)by or under an enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or (
11. ii)under the Act of 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act)

pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

respect of which a public service pension scheme exists or applies or may be made, (o) a body that is wholly or partly funded directly or

directly out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and

respect of which a public service pension scheme exists or applies or may be made, or (

1. p)any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997 ) by, a body to which paragraph (i), (j), (k), (
2. n)or (
3. o)relates and

respect of which a public service pension scheme exists or applies or may be made; “public service pension scheme” has the same meaning as it has

Part 4

of the Public Service Pay and Pensions Act 2017 ; “recognised school” has the same meaning as it has

the Act of

1. Notifications (Part 2)
2. A notification under this Part (other than a notification under section 14 )shall— (a) be given

writing, (

1. b)be addressed to the person concerned by name, and (
2. c)be made to the person

one of the following ways: (

1. i)by delivering it to the person; (
2. ii)by leaving it at the address at which the person ordinarily resides or,

a case

which an address for service has been furnished, at that address; (iii) by sending it by post to the address at which the person ordinarily resides or,

a case

which an address for service has been furnished, to that address; (iv) by electronic means,

a case

which the person has given notice

writing to the Minister of his or her consent to the notification being made to him or her

that manner. Regulations (Part 2) 21.

this Part as prescribed or to be prescribed.

cluding the following: (

1. i)the period within which an application shall be made; (
2. ii)the form of such an application; (
3. b)the procedure for an appeal by an applicant against a decision of an appointed officer,

cluding the following: (i) the form and manner

which an appeal shall be made; (ii) the

formation to be provided by the applicant for the purposes of the appeal,

cluding the reasons for that appeal; (iii) the conduct of the appeal; (iv) the provision of such access to

formation, records and documentation held by the Minister or the Minister for Social Protection as may reasonably be required for the purposes of an appeal; (v) the form and manner

which, and the period within which, the applicant shall be notified of the determination of the appeal.

cidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving effect to this Part.

respect of an eligible dwelling shall not be taken

to account

determining for any purpose whether, under any enactment or the general law, a relationship of landlord and tenant has been created. Amendment of Taxes Consolidation Act 1997 23. The Taxes Consolidation Act 1997 is amended by the

sertion of the following section after section 216D: “Payments under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 216E. A financial contribution payable under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 shall be exempt from

come tax and shall not be reckoned

computing

come for the purposes of the

come Tax Acts.”. Amendment of Residential Tenancies Act 2004 24. Section 50 of the Residential Tenancies Act 2004 is amended— (a)

subsection

serted by section 4 of the Residential Tenancies (Amendment) Act 2015 )”, and (b) by the

sertion of the following subsection after subsection

lawful occupation of the dwelling concerned is a temporary protection beneficiary within the meaning of Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022.”. PART 3 Amendments of Childcare Support Act 2018 Amendment of Childcare Support Act 2018 25. The Childcare Support Act 2018 is amended— (a)

section 7

sertion of the following subparagraph after subparagraph (iii): “(iiia) a person who has been given a permission to reside

the State under section 60

section 15

sertion of the following subparagraph after subparagraph (iii): “(iiia) a person who has been given a permission to reside

the State under section 60

this Part— “Act of 1999” means the Immigration Act 1999 ; “Act of 2004” means the Immigration Act 2004 ; “Aliens Order 1946” means the Aliens Order 1946 ( S.R. & O., No. 395 of 1946 ). Amendment of section 6 of Act of 1999 27. Section 6

ternational Protection Act 2015 ” for “the Registration Officer pursuant to Article 11 of the Aliens Order, 1946 ( S.R. & O., No. 395 of 1946 ) or section 9 of the Immigration Act 2004 , or to the Refugee Applications Commissioner pursuant to section 9 (4A) of the Refugee Act 1996 ”. Amendment of section 1 of Act of 2004 28. Section 1

accordance with section 9B;”. Amendment of section 4 of Act of 2004 29. Section 4

which he or she

tends to reside,”. Amendment of section 9 of Act of 2004 30. Section 9 of the Act of 2004 is amended— (a) by the substitution of the following subsection for subsection

the Second Schedule, and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality; (b) he or she shall furnish to a registration officer particulars of any matter affecting

any manner the accuracy of the particulars previously furnished by him or her for the purpose of registration, within 7 days after the matter has occurred, and generally shall furnish to a registration officer all

formation (

cluding, where required by the registration officer, a recent photograph of him or her) that may be necessary for maintaining the accuracy of the register; (

1. c)he or she shall— (
2. i)if about to change his or her residence, furnish to a registration officer particulars as to the date on which his or her residence is to be changed and as to his or her

tended residence, and (

1. ii)on effecting any change of residence, within 48 hours of his or her change of residence, furnish to a registration officer particulars as to his or her current residence, if these particulars have not already been furnished by him or her under subparagraph (i); (
2. d)if at any time he or she is absent from his or her residence for a continuous period exceeding one month, he or she shall furnish to a registration officer particulars of his or her current address and every subsequent change of address, and

form a registration officer of his or her return to his or her residence; (

1. e)he or she shall, on the request of a registration officer made for the purpose of compliance by a registration officer with subsection (4A)(b), produce his or her registration certificate to a registration officer.”, (
2. b)by the substitution of the following subsection for subsection

the State, he or she shall, so far as possible, furnish to a registration officer the particulars that would be required under this section if he or she had a residence

the State, and also, if he or she is about to change his or her address, furnish to a registration officer particulars as to the date on which his or her address is to be changed and as to his or her

tended address.”, (c)

subsection

forming a registration officer” for “either by giving notice to the registration officer”, (d) by the

sertion of the following subsection after subsection

the register relating to the registration of the non-national is altered or added to, if the registration officer is of the opinion that the making of a corresponding alteration or addition to the non-national’s registration certificate is necessary to ensure the accuracy of the certificate.”, (e) by the

sertion of the following subsection after subsection

formation or a document to a registration officer may comply with the requirement concerned by furnishing, producing or providing the particulars,

formation or document, or a copy of the document, as the case may be, by such electronic means and

such manner as may be specified by the Minister under paragraph (b). (b) The Minister may, for the purposes of paragraph (a), specify the electronic means by which, and the manner

which, particulars,

formation or a document to which the paragraph applies may be furnished, produced or provided. (c) The Minister shall publish, on a website maintained by the Minister or the Government, the details of any matter specified by him or her for the purposes of paragraph (a).”, and (f)

subsection

sertion of the following section immediately before section 10: “9B.

this Act as ‘registration officers’), being— (

1. a)members of the Garda Síochána not below the rank of superintendent, or (
2. b)officers of the Minister not below the rank or grade of Assistant Principal Officer, to perform the functions conferred on registration officers by this Act and any other enactment.

the case of a registration officer to whom subsection

the case of a registration officer to whom subsection

the enactment conferring the function on the registration officer shall,

relation to the function, be construed as

cluding a reference to the person to whom the function is delegated.

to operation, was a registration officer under this Act, shall, on and from that date, be deemed to be a registration officer appointed under this section.

this section, ‘enactment’ has the same meaning as it has

section 2

terpretation Act 2005 .”. Amendment of section 14 of Act of 2004 32. Section 14

which he or she is resident”. Amendment of section 18 of Act of 2004 33. Section 18

ternational Protection Act 2015 ” for “the registration officer pursuant to section 9, or to the Refugee Applications Commissioner pursuant to section 9(4A) of the Act of 1996”. Amendment of section 19 of Act of 2004 34. Section 19 of the Act of 2004 is amended by the

sertion of the following subsection after subsection

different circumstances.”. Amendment of Second Schedule to Act of 2004 35. The Second Schedule to the Act of 2004 is amended,

paragraphs 8, 11 and 12, by the substitution of “a registration officer” for “the registration officer”

each place where it occurs. Amendment of Employment Permits (Amendment) Act 2014 36. The following provisions of the Employment Permits (Amendment) Act 2014 are repealed: (

1. a)paragraphs (
2. a)and (
3. c)of section 35; (
4. b)section 36. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 37. The Garda Síochána (Functions and Operational Areas) Act 2022 is amended— (a)

Schedule 1, by the deletion of the matters

columns

Schedule 2, by the deletion of the matters— (i)

columns

columns

columns

Article 3

, by the deletion of the definitions of “registration district” and “registration officer”, (b)

Article 5, by the deletion of paragraph

Article 18, by the deletion of “registration,”, and (e) by the deletion of the Second Schedule. Amendment of Regulations 39.

Regulation 2

the Immigration Act 2004 ;”, (b)

Regulation 6— (i) by the substitution,

paragraph

which the person is located”, and (ii) by the substitution,

paragraph

which the dependant is located”, and (c)

Regulation 18, by the substitution of “a registration officer” for “the registration officer of the registration district

which he is located”.

Regulation 2

the Immigration Act 2004 ;”, and (b)

Regulation 11

which he or she is located”. Transitional provisions (Part 4) 40.

respect of a right, privilege, obligation or liability acquired, accrued or

curred under section 6 of the Act of 1999 or section 4, 9, 14 or 18 of the Act of 2004 or an offence against or contravention of section 4, 9 or 14 of the Act of 2004 before the date of the coming

to operation of this section may, on or after that date, be

stituted, continued or enforced, and any penalty, forfeiture or punishment

respect of such offence or contravention may be imposed and carried out, as if the section concerned had not been amended by this Part.

to operation, is

effect shall be deemed, until the date on which the certificate is expressed to expire, to be a registration certificate issued under the Act of 2004, and that Act shall apply accordingly. PART 5 Processing of certain personal data

terpretation (Part 5) 41.

this Part— “Act of 2004” means the Immigration Act 2004 ; “Act of 2005” means the Social Welfare Consolidation Act 2005 ; “Act of 2015” means the

ternational Protection Act 2015 ; “Act of 2018” means the Data Protection Act 2018 ; “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20162 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); “enactment” has the same meaning as it has

the

terpretation Act 2005 ; “immigration enactment” means an enactment,

respect of which the Minister for Justice has responsibility,

sofar as the enactment makes provision for— (a) the entry of persons

to the State, the period during which such persons may remain

the State and the conditions and obligations applicable to such persons while they are

the State, (b) the entry

to, and presence

, the State of persons who require

ternational protection, or (c) the acquisition of Irish citizenship; “

ternational protection” has the same meaning as it has

the Act of 2015; “personal data” has the same meaning as it has

the Data Protection Regulation; “processing” has the same meaning as it has

the Data Protection Regulation; “relevant immigration enactment” means— (

1. a)section 60 of the Act of 2015, (
2. b)section 9 of the Act of 2004, and (
3. c)an immigration enactment prescribed by regulations under section 44 ; “relevant officer” means— (
4. a)an officer of the Minister for Justice, (
5. b)a registration officer within the meaning of the Act of 2004, (
6. c)an immigration officer within the meaning of the Act of 2004, (
7. d)an

ternational protection officer within the meaning of the Act of 2015, or (e) an officer of the Minister for Social Protection; “relevant person” has the meaning assigned to it by section 42

sofar as it relates to a claim for, and entitlement to, a benefit within the meaning of section 240 of that Act; “suitable and specific measures” means measures to safeguard the fundamental rights and freedoms of data subjects

processing personal data of those subjects and may

clude measures referred to

section 36

accordance with the Data Protection Regulation and the Act of 2018 and subject to suitable and specific measures being taken, collect personal data,

cluding special categories of personal data and Article 10 data, provided by, or

respect of, a person (

this Part referred to as “a relevant person”) for the purposes of— (

1. a)a relevant immigration enactment, (
2. b)a relevant social welfare enactment, or (
3. c)where the personal data is provided for the purposes of both a relevant immigration enactment and a relevant social welfare enactment, both such enactments.

accordance with subsection

accordance with section 43 .

this section— “Article 10 data” means personal data referred to

Article 10

of the Data Protection Regulation; “special categories of personal data” has the same meaning as it has

the Act of 2018. Processing of personal data collected

accordance with section 42 43. Notwithstanding any other enactment or rule of law, personal data of a relevant person collected by a relevant officer

accordance with section 42 may,

accordance with the Data Protection Regulation and the Act of 2018 and subject to suitable and specific measures being taken, be processed to the extent necessary and proportionate— (

1. a)by a person who has a function under a relevant immigration enactment for the purpose of the performance of the function concerned, (
2. b)by a person who has a function under a relevant social welfare enactment for the purpose of the performance of the function concerned, and (
3. c)by a relevant officer for the purpose of enabling the processing referred to

paragraph (

1. a)or (
2. b)or both. Regulations (Part 5) 44.

respect of the enactment to be prescribed that— (

1. a)it is an enactment under which a relevant person is required to provide his or her personal data, (
2. b)it is likely that a relevant person would wish to provide, at the same time, his or her personal data for the purposes of that enactment and a relevant social welfare enactment, (
3. c)there would be a benefit to a relevant person,

terms of reducing the financial or administrative burden that would otherwise be imposed on him or her, of providing, at the same time, his or her personal data for the purposes of that enactment and a relevant social welfare enactment, and (d) it would be efficient and useful to enable a relevant officer to collect personal data for the purpose of that enactment at the same time as collecting personal data for the purpose of a relevant social welfare enactment.

making regulations under this section, the Minister for Justice shall have regard to the need to safeguard the fundamental rights and freedoms of data subjects

processing personal data under this Part.

this section— “Act of 2006” means the Road Traffic and Transport Act 2006 ; “licensed road haulage operator” means a person who, on the 11th day of March 2022— (

1. a)held an operator’s licence, or (
2. b)had applied for an operator’s licence which was, after the 11th day of March 2022, granted to the person; “operator’s licence” means— (
3. a)an

ternational road haulage operator’s licence granted by the Minister under paragraph (a) of section 2

accordance with the Scheme, to licensed road haulage operators who applied during the relevant period for financial support. PART 7 Amendment of Road Traffic Acts Amendment of Road Traffic Act 1961 46. The Road Traffic Act 1961 is amended— (a)

section 3— (i)

the definition of foreign driving licence— (I)

paragraph (a), by the substitution of “vehicle,” for “vehicle, or”, (II)

paragraph (b), by the substitution of “23A

sertion of the following paragraph after paragraph (b): “(

1. c)recognised by an order under section 23B;” (
2. ii)by the

sertion of the following definitions: “‘European Economic Area’ means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being; ‘permission to reside’ means a permission under section 60

ternational Protection Act 2015 , which permission is valid; ‘relevant person’ means a person who has been given a permission to reside;”, (b) by the

sertion of the following section after section 23A: “Recognition of foreign driving licences held by certain persons 23B.

the State

respect of any one or more of the categories

respect of which the licence or permit issued to a relevant person is held, and subject to such restrictions, if any, as may be specified

the order.

this section, ‘relevant state’ means a state other than the State or a Member State or member state of the European Economic Area.”, (c)

section 38, by the

sertion of the following subsection after subsection

this section, notwithstanding the definition of driving licence

section 3, ‘driving licence’ means— (

1. a)an Irish driving licence, (
2. b)a licence or permit to drive a mechanically propelled vehicle

respect of a category of vehicle referred to

the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not

clude a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, (c) a licence or permit to drive a mechanically propelled vehicle

respect of a category of vehicle recognised by an order made under section 23A

respect of a category of vehicle recognised by an order made under section 23B

subparagraph (i).”, (d)

section 40, by the

sertion of the following subsection after subsection

this section ‘driving licence’ has the meaning given to it by section 38

section 60— (i) by the

sertion of the following subsection after subsection

the case of a licence referred to

paragraph (d) of the definition of driving licence

subsection (6A), seize, under this section, only the document referred to

subparagraph (i) of that paragraph.”, (ii)

subsection

paragraph (b), by the

sertion of “referred to

paragraph (

1. b)or (
2. c)of the definition of driving licence

subsection (6A)” after “a foreign licence”, and (II) by the

sertion of the following paragraph after paragraph (b): “(ba)

the case of a foreign licence referred to

paragraph (d) of the definition of driving licence

subsection (6A), give or send only the document referred to

subparagraph (i) of that paragraph, to the licensing authority.”, (iii) by the

sertion of the following subsection after subsection

this section— ‘driving licence’, notwithstanding the definition of driving licence

section 3 of the Principal Act, means— (

1. a)an Irish driving licence, (
2. b)a licence or permit to drive a mechanically propelled vehicle

respect of a category of vehicle referred to

the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not

clude a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, (c) a licence or permit to drive a mechanically propelled vehicle

respect of a category of vehicle recognised by an order made under section 23A

respect of a category of vehicle recognised by an order made under section 23B

subparagraph (i); ‘licensing authority’ has the meaning given to it by section 21 of the Principal Act; ‘permission to reside’ means a permission under section 60

ternational Protection Act 2015 , which permission is valid; ‘relevant person’ means a person who has been given a permission to reside.”, (b)

section 61, by the

sertion of the following subsection after subsection

this section— ‘driving licence’ has the meaning given to it by section 60(6A); ‘permission to reside’ means a permission under section 60

ternational Protection Act 2015 , which permission is valid; ‘relevant person’ means a person who has been given a permission to reside.”. PART 8 Stardust

quest (Special Jury Provisions) Definitions (Part 8) 48.

this Part— “Act of 1962” means the Coroners Act 1962 ; “Act of 1976” means the Juries Act 1976 ; “county registrar for Dublin” means the county registrar for the county and city of Dublin; “jury summons” has the meaning assigned to it by section 55

juries sustained at that premises on that date; “Stardust

quest” means an

quest

relation to a Stardust death held pursuant to a direction of the Attorney General under section 24 of the Act of 1962. Coroner for the coroner’s district of Dublin 49.

this Part, a reference to the “coroner for the coroner’s district of Dublin” means— (a) the senior coroner for the coroner’s district of Dublin designated by the Minister under section 11B

writing for the purposes of this Part, or (c) where no senior coroner stands designated under section 11B

quest.

the case of a Stardust

quest, the reference to “

accordance with the provisions of this Act”

section 24 of the Act of 1962 shall be read as a reference to “

accordance with the provisions of this Act and Part 8 of the Civil Law (Miscellaneous Provisions) Act 2022”.

respect of a Stardust

quest: (a) section 36,

sofar as that section relates to jurors; (b) section 37

sofar as they relate to jurors;

respect of a Stardust

quest. Power to sit with jury for Stardust

quest 51.

the coroner’s district of Dublin shall hold a Stardust

quest with a jury.

quest is

formed by a member of the Garda Síochána not below the rank of

spector, a member of the Defence Forces not below the rank of commandant or a designated officer of the Ombudsman Commission that he or she will, under subsection

quest on the ground either that criminal proceedings

relation to the death are being considered or have been

stituted, the obligation under subsection

quest with a jury shall be deemed to be suspended unless and until the full hearing of the

quest takes place. Assistance to coroner for coroner’s district of Dublin by Courts Service 52. For the purposes of the empanelling, summoning and selection of jurors for a Stardust

quest under this Part, the Courts Service shall provide such technical and operational assistance as may be required by the coroner for the coroner’s district of Dublin for those purposes. Qualification and liability for service on jury at Stardust

quest 53.

a register of Dáil electors

the jury district comprised of Dublin City Council and the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown shall be qualified and liable to serve on the jury at a Stardust

quest unless he or she is for the time being

eligible or disqualified under this Part for such service.

eligible or disqualified under the Act of 1976 for jury service shall be

eligible or disqualified, as the case may be, for service on the jury at a Stardust

quest.

eligibility and disqualification for service on jury at Stardust

quest 54.

quest shall, as soon as practicable after receipt of the jury summons, notify the county registrar for Dublin if he or she— (a) is

eligible or disqualified for service on the jury at a Stardust

quest, or (b) is one of the persons specified

Part II

Part II

of the First Schedule to the Act of 1976 and

forms the county registrar of his or her wish to be excused, (b) that person shows to the satisfaction of the county registrar that he or she has served on a jury, or duly attended to serve on a jury,

the three years ending with the service of the summons on him or her, or (c) that person shows to the satisfaction of the county registrar that, at the conclusion of a trial, a judge of any court has excused him or her from jury service for a period that has not terminated.

quest if that person shows to the registrar’s satisfaction that there is good reason why he or she should be so excused.

cluding the designation of the judge to hear the appeal, and the time within which and the manner

which it shall be brought, shall be as provided by directions of the President of the Circuit Court.

attendance as a juror at a Stardust

quest, the coroner for the coroner’s district of Dublin shall have the same duty or discretion, as the case may be, as that imposed or conferred on the county registrar under this section to excuse that person from attendance or further attendance and may, for good reason, excuse the juror prior to and during the course of a Stardust

quest from further service as a juror at the

quest. Empanelling and summoning of jurors 55.

writing, request the assistance of the Courts Service and,

particular, that of the county registrar for Dublin,

summoning a jury for the purposes of a Stardust

quest.

quest from the register or registers delivered to him or her under section 10 of the Act of 1976 (omitting persons whom he or she knows or believes not to be qualified as jurors).

this Part referred to as a “jury summons”),

writing and

both the Irish and English languages

such form as the Minister may by regulations prescribe, to be served on every person whom he or she has selected as a juror for the Stardust

quest concerned requiring the person— (a) to attend as a juror at the location specified

the summons for the reception of jurors for the Stardust

quest concerned on the day and at the time specified

the summons, and (b) to thereafter attend at that location or such other location or place as the coroner for the coroner’s district of Dublin may direct, at such times as are directed by that coroner.

forming him or her— (

1. a)of the effect of sections 53 , 54 , 61 and 62 , (
2. b)that he or she may make representations to the county registrar for Dublin with a view to obtaining a withdrawal of the summons, if for any reason he or she is not qualified for service on the jury for a Stardust

quest or wishes or is entitled to be excused.

quest to which the summons relates is scheduled to commence.

quest as a juror shall be served on behalf of the coroner for the coroner’s district of Dublin.

writing and addressed to the person concerned by name, and may be so served on or given to the person

one of the following ways: (

1. a)by delivering it to the person; (
2. b)by leaving it at the address at which the person ordinarily resides; (
3. c)by sending it by prepaid registered post to the address at which the person ordinarily resides.

any proceedings for an offence of non-attendance

compliance with a jury summons or of not being available when called upon to serve as a juror at a Stardust

quest— (a) a certificate by the county registrar for Dublin or an officer acting on his or her behalf that the registrar or officer posted a letter containing the summons addressed as provided

subsection

quest failed to answer his or her name at the time it was called out at the place specified

the summons shall be evidence, unless the contrary is proved, that that person failed to attend

compliance with the summons, or was not available when called on to serve, as the case may be.

quest shall be made by the coroner for the coroner’s district of Dublin by balloting

public at the

quest.

eligible or disqualified and as to the penalty under section 62 for doing so, and (b) he or she shall

vite any person who knows that he or she is not qualified to serve or who is

doubt as to whether he or she is qualified or who may have an

terest

or connection with the Stardust

quest concerned to communicate the fact to the coroner (either orally or otherwise as the coroner may direct or authorise) if he or she is selected on the ballot.

quest shall be sworn by or before the coroner.

the absence of a direction, before the jury return their verdict or make any other communication to the coroner. Additional jurors 58.

quest pursuant to section 57 , the coroner for the coroner’s district of Dublin may, on his or her own motion, request the county registrar for the county of Dublin to order that a specified number of persons not exceeding 15

number be selected to serve as jurors at and sworn

the Stardust

quest concerned.

subsection

quest concerned is likely to exceed 3 months, and (b) the selection of additional jurors for the

quest is an appropriate means of ensuring that there will be a sufficient number of jurors for the jury to remain properly constituted for the purposes of returning a verdict

that Stardust

quest.

subsection

the Stardust

quest concerned begins pursuant to section 57 .

the order shall be selected to serve as jurors pursuant to section 57 and sworn

the Stardust

quest concerned.

a Stardust

quest following the making of an order under subsection

the

quest retires to consider its verdict the jury comprises more than 12 jurors, the coroner for the coroner’s district of Dublin shall direct that from the jurors then constituting the jury 12 jurors be selected to retire and consider the verdict

the Stardust

quest.

quest pursuant to a direction under subsection

public at the

quest.

the Stardust

quest concerned, and (b) a juror who is not selected shall be discharged by the coroner for the coroner’s district of Dublin.

quest shall continue to constitute the jury for the purposes of the

quest and that

quest shall proceed and a verdict may be found accordingly. Discharge of juror 59.

the course of a Stardust

quest a juror dies or is discharged by the coroner for the coroner’s district of Dublin owing to his or her being

capable through illness or any other cause of continuing to act as a juror, or under subsection

quest and the

quest shall proceed and a verdict may be returned accordingly.

a Stardust

quest, the coroner for the coroner’s district of Dublin may at any stage direct that any person summoned or sworn as a juror shall not serve, or shall not continue to serve, as a juror if the coroner considers that, for any stated reason, it is desirable

the

terests of justice that he or she should give that direction. Failure of jury to agree 60. If the jury at a Stardust

quest fail to agree on a verdict, the following provisions shall have effect: (a) if a majority of the jury agree on a verdict, the verdict shall be accepted by the coroner for the coroner’s district of Dublin, and (b)

any other case, the coroner for the coroner’s district of Dublin shall discharge the jury and may hold a new

quest. Jury service by employees and apprentices 61.

cluding a contract or agreement entered

to before the passing of this Part), a person shall be treated as employed or apprenticed during any period when he or she is absent from his or her employment or apprenticeship

order to comply with a jury summons.

any such contract or agreement shall be void

so far as it would have the effect of excluding or limiting any liability of the employer

respect of the payment of salary or wages to the employee or apprentice during any such absence. Offences 62.

compliance with the jury summons or to attend on any day when required by the coroner for the coroner’s district of Dublin shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

respect of failure to attend

compliance with a summons unless the jury summons was served at least 28 days before the date specified therein for his or her first attendance.

pursuance of a jury summons, is not available when called upon to serve as a juror at a Stardust

quest, or is unfit for service by reason of drink or drugs, shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

tention of evading service on the jury at a Stardust

quest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

order to enable that other person to evade service on the jury at a Stardust

quest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

a material particular, or recklessly gives an answer that is false

a material particular, when questioned by the coroner for the coroner’s district of Dublin for the purpose of determining whether that person is qualified to serve as a juror at a Stardust

quest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

quest knowing that he or she is

eligible for such service shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

quest knowing that he or she is disqualified from such service shall be guilty of an offence and shall be liable on summary conviction to a class C fine.

a manner authorised by this Part or otherwise by law shall be guilty of an offence and shall be liable on summary conviction to a class E fine. 1 OJ No. L 71, 4.3.2022, p.

1. 2 OJ No. L 119, 4.5.2016, p.
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