Civil Law (Miscellaneous Provisions) Act 2022

Civil Law (Miscellaneous Provisions) Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments 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. Interpretation (Part 2) 5. Expenses of Minister (Part 2) 6. Eligibility for financial contribution 7. Application for financial contribution 8. Payment of financial contribution 9. Amount of financial contribution 10. Appointed officers 11. Notification of decisions by appointed officer 12. Appeals officers 13. Appeals 14. Change in circumstances 15. Recovery of overpayment 16. Sharing of information 17. Offences and penalties (Part 2) 18. Provisions relating to prosecutions 19. Disregard of financial contribution for purposes of means-testing 20. Notifications (Part 2) 21. Regulations (Part 2) 22. Payment of financial contribution not to create landlord and tenant relationship 23. Amendment of Taxes Consolidation Act 1997 24. Amendment of Residential Tenancies Act 2004 PART 3 Amendments of Childcare Support Act 2018 25. Amendment of Childcare Support Act 2018 PART 4 Amendment of Immigration Act 2004 and Other Enactments 26. Definitions (Part 4) 27. Amendment of section 6 of Act of 1999 28. Amendment of section 1 of Act of 2004 29. Amendment of section 4 of Act of 2004 30. Amendment of section 9 of Act of 2004 31. Registration officers 32. Amendment of section 14 of Act of 2004 33. Amendment of section 18 of Act of 2004 34. Amendment of section 19 of Act of 2004 35. Amendment of Second Schedule to Act of 2004 36. Amendment of Employment Permits (Amendment) Act 2014 37. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 38. Amendment of Aliens Order 1946 39. Amendment of Regulations 40. Transitional provisions (Part 4) PART 5 Processing of certain personal data 41. Interpretation (Part 5) 42. Collection of personal data by relevant officer for relevant immigration enactment and relevant social welfare enactment 43. Processing of personal data collected in accordance with section 42 44. Regulations (Part 5) PART 6 Licensed Haulage Emergency Support Scheme 45. Licensed Haulage Emergency Support Scheme PART 7 Amendment of Road Traffic Acts 46. Amendment of Road Traffic Act 1961 47. Amendment of Road Traffic Act 2010 PART 8 Stardust Inquest (Special Jury Provisions) 48. Definitions (Part 8) 49. Coroner for the coroner’s district of Dublin 50. Application of Act of 1962 and Act of 1976 51. Power to sit with jury for Stardust inquest 52. Assistance to coroner for coroner’s district of Dublin by Courts Service 53. Qualification and liability for service on jury at Stardust inquest 54. Ineligibility and disqualification for service on jury at Stardust inquest 55. Empanelling and summoning of jurors 56. Service of jury summons 57. Selection of jury from panel 58. Additional jurors 59. Discharge of juror 60. Failure of jury to agree 61. Jury service by employees and apprentices 62. 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) International Protection Act 2015 (No. 66) Interpretation 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 in the State is given under section 60 (6) of the International Protection Act 2015 ; to provide for the making of a payment, in certain circumstances, to persons who provide accommodation to such persons; to provide for the making of certain payments in 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 in relation to the registration of non-nationals in 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 in the State and to provide for the processing of that data in 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’ inquests relating to the deaths of persons at the Stardust nightclub in the city of Dublin in 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. (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2022. (2) The Road Traffic Acts 1961 to 2018 and Part 7 may be cited together as the Road Traffic Acts 1961 to 2022. Commencement 2. (1) Parts 1 , 4 , 5 and 8 shall come into 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. (2) Parts 2 and 3 shall come into operation on such day or days as the Minister for Children, Equality, Disability, Integration 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. (3) Part 6 and 7 shall come into 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 incurred by the Minister for Justice and the Minister for Transport in the administration of this Act, and by any other Minister of the Government in the administration of any other Act in 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 Interpretation (Part 2) 4. (1) In 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 in accordance with section 12 ; “applicant” means a person who makes an application under section 7(1); “appointed officer” means a person designated by the Minister for Social Protection under section 10 ; “Eircode” means a postcode allocated under the national postcode system; “eligible dwelling” means a dwelling to which an Eircode has been allocated; “enactment” means— (a) an Act of the Oireachtas, (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); “Minister” means the Minister for Children, Equality, Disability, Integration and Youth; “national postcode system” has the same meaning as it has in section 66 of the Act of 2011; “personal public service number” means a number allocated and issued in accordance with section 262 of the Act of 2005; “postcode” has the same meaning as it has in 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 in an order made by him or her under subsection (2); “temporary protection beneficiary” means a person to whom section 60 of the International 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 in the State under subsection (6) of that section, which permission is valid. (2) The Minister may, following consultation with the Minister for Social Protection and the Minister for Public Expenditure and Reform, make an order that the date referred to in the definition of “scheme termination date” in subsection (1) shall be such date as is later than 31 March 2023 as the Minister considers appropriate and specifies in the order, having regard to the matter specified in subsection (3). (3) The Minister shall, in making an order under subsection (2), have regard to the need to continue to make provision for a financial contribution to assist in increasing the availability of accommodation for temporary protection beneficiaries. (4) Where an order under subsection (2) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House. Expenses of Minister (Part 2) 5. The expenses incurred by the Minister in 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. (1) Subject to subsections (2) and (3), a person shall be eligible for a financial contribution in respect of an eligible dwelling for a calendar month where the following conditions are satisfied: (a) the person is— (i) an owner of the dwelling, or (ii) where the dwelling is the subject of a tenancy, a tenant in respect of the dwelling; (b) the person is a natural person; (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; (d) one or more temporary protection beneficiaries occupy the dwelling or part of the dwelling on the last day of the calendar month; (e) there is, on the last day of the calendar month, no rental agreement in respect of the dwelling or part of the dwelling in effect between the person and one or more of the temporary protection beneficiaries referred to in paragraph (d); (f) none of the temporary protection beneficiaries referred to in paragraph (d) (either in his or her own right or as a minor under the care of an adult) receive any of the following in respect of the dwelling for the calendar month: (i) payment of a supplement towards the amount of rent payable by a person in respect of his or her residence payable in accordance with regulations made under section 198 of the Act of 2005; (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 ; (g) the calendar month falls in the qualifying period; (h) the person has made an application for a financial contribution in accordance with section 7 ; (i) a declaration under section 7 (3) has been provided by the person in 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 information has been made under section 10 (3), provided the information requested to the appointed officer concerned. (2) No more than one financial contribution shall be payable in respect of an eligible dwelling for a calendar month. (3) Where there is more than one owner or tenant in 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 in respect of the eligible dwelling for the calendar month. (4) In 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. (1) An application by a person for a financial contribution in respect of an eligible dwelling shall be made to the Minister for Social Protection. (2) An application under subsection (1) shall include the following: (a) the name of the applicant; (b) the address of the applicant; (c) the personal public service number of the applicant; (d) the following information in respect of each temporary protection beneficiary occupying the eligible dwelling: (i) name; (ii) personal public service number; (iii) date on which occupation of the eligible dwelling commenced; (iv) where applicable, the date on which occupation of the eligible dwelling ceased; (e) the declaration made under subsection (3); (f) the address of the eligible dwelling; (g) the Eircode of the eligible dwelling; (h) the date of commencement of the period for which the application for a financial contribution is being made; (i) such other matters as may be prescribed. (3) An applicant for a financial contribution in respect of an eligible dwelling shall make a declaration— (a) that the applicant has granted to one or more temporary protection beneficiaries the right to— (i) enter the dwelling in respect of which the application is made, and (ii) occupy all or part of the dwelling for not less than 6 months, (b) that the applicant is— (i) an owner of the dwelling, or (ii) where the dwelling is the subject of a tenancy, a tenant in respect of the dwelling, (c) that one or more temporary protection beneficiaries are occupying the dwelling or part of the dwelling, (d) where the applicant is a tenant in 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 in 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. (4) An applicant may at any time revoke a declaration made by the applicant under subsection (3). Payment of financial contribution 8. (1) Where— (a) an appointed officer is satisfied, following an application under section 7,that the applicant satisfies the conditions specified in section 6 (1) in respect of an eligible dwelling for a calendar month, or (b) it is determined on appeal under section 13 (3) that the applicant satisfies the conditions specified in section 6 (1) in respect of an eligible dwelling for a calendar month, a financial contribution in respect of the eligible dwelling for the calendar month shall be payable by the Minister for Social Protection to the applicant. (2) The Minister shall, after consultation with the Minister for Social Protection, reimburse the Minister for Social Protection, out of moneys granted by Dáíl Éireann to the Minister, in the amount of the moneys paid by the Minister for Social Protection in accordance with subsection (1). Amount of financial contribution 9. (1) The amount of a financial contribution payable under this Part in respect of an eligible dwelling for a calendar month shall be— (a) €400, or (b) where an amount stands specified in an order under subsection (2) for the purposes of this paragraph, that amount. (2) The Minister may by order, made with the consent of the Minister for Social Protection and the Minister for Public Expenditure and Reform, specify an amount for the purposes of subsection (1)(b), having regard to the matters specified in subsection (3) . (3) Before making an order under subsection (2), the Minister shall have regard to the likely effect of the amount to be specified in the order on— (a) the number of persons who avail of the financial contribution (including where the scheme termination date is extended in accordance with section 4 (2)), (b) the number of temporary protection beneficiaries to whom accommodation is provided by persons referred to in 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 in paragraph (a) of provision of accommodation to temporary protection beneficiaries. (4) Where an order is proposed to be made under subsection (2), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving the draft has been passed by each such House. Appointed officers 10. (1) The Minister for Social Protection may designate, in 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. (2) Subject to this Part, and in accordance with the regulations, if any, made under section 21 ,every question arising— (a) as to whether an applicant satisfies the conditions specified in section 6 (1) in 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, in 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. (3) An appointed officer may, for the purpose of— (a) making a decision referred to in subsection (2), or (b) confirming whether the conditions specified in section 6 (1) continue to be satisfied in respect of an eligible dwelling, request an applicant to provide to him or her such information as the appointed officer may reasonably require. Notification of decisions by appointed officer 11. (1) An appointed officer shall, having considered whether an applicant, at the time of application, satisfies the conditions specified in section 6(1) in respect of an eligible dwelling, notify the applicant of the appointed officer’s decision as to whether those conditions are satisfied at that time. (2) An appointed officer shall, where he or she is satisfied that an applicant, having satisfied the conditions specified in section 6 (1) at the time of application in 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. (3) Where an appointed officer makes a decision as to a matter, relating to an application under this Part, which is prescribed as to be decided by an appointed officer, the appointed officer shall notify the applicant of the decision. (4) A notification under this section shall— (a) be made not later than 21 days after the date of the decision, and (b) where the decision is adverse to the applicant— (i) give the reasons for the decision, and (ii) inform 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. (1) The Minister for Social Protection may appoint such and so many officers of that Minister as he or she thinks proper to be appeals officers for the purposes of this Part, and every person so appointed shall be an appeals officer during the pleasure of that Minister. (2) An appeals officer shall be independent in the performance of his or her functions under this Part. Appeals 13. (1) Where an applicant is aggrieved by a decision of an appointed officer, the applicant may appeal the decision in writing to the Minister for Social Protection within 21 days of the date of the notification of the decision. (2) Where an appeal is made to the Minister for Social Protection under subsection (1), he or she shall designate an appeals officer (in this section referred to as a “designated appeals officer”) to determine the appeal. (3) A designated appeals officer shall— (a) make a decision determining the appeal as soon as is practicable in all the circumstances of the case which may be a determination to— (i) confirm the decision the subject of the appeal, or (ii) annul the decision and replace it with such other decision as the designated appeals officer considers appropriate, and (b) notify the applicant and the appointed officer of the decision. (4) A notification under subsection (3)(b) shall give the reasons for the decision. Change in circumstances 14. Where an applicant becomes aware of a change in circumstances regarding any of the matters referred to in section 6 (1)(a) to (f) or affecting information provided by the applicant under section 7 (including any information included in a declaration provided under section 7 (3)), the applicant shall notify the Minister for Social Protection in writing of the change in 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 in 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 in any court of competent jurisdiction. Sharing of information 16. (1) The information specified in subsection (2) may be disclosed in accordance with subsections (3), (4) and (5). (2) The information referred to in subsection (1) is the following: (a) in respect of an applicant, the name, personal public service number, address and number of eligible dwellings in respect of which a financial contribution is being paid; (b) in respect of an eligible dwelling, the Eircode; (c) in respect of a temporary protection beneficiary, the name and personal public service number. (3) The Minister and the Minister for Social Protection may disclose between them the information specified in subsection (2) for the purposes of administering the application for and payment of financial contributions under this Part. (4) The Minister for Social Protection and the Revenue Commissioners may disclose between them the information specified in subsection (2) for the purpose of verifying whether a property in respect of which an application is made under section 7 is an eligible dwelling. (5) The Minister for Social Protection and the Minister for Justice may disclose between them the information specified in subsection (2) for the purpose of verifying whether a person occupying a dwelling in respect of which an application is made under section 7 is a temporary protection beneficiary. (6) Subsections (3), (4) and (5) apply notwithstanding any obligation of confidentiality imposed on— (a) the Ministers referred to in those subsections, or (b) the Revenue Commissioners, by or under any enactment or otherwise. (7) An applicant shall not use a personal public service number of a temporary protection beneficiary provided to the applicant for the purposes of an application under this Part for any other purpose. Offences and penalties (Part 2) 17. (1) A person who, for any purpose connected with this Part— (a) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in 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 information which he or she knows to be false in a material particular, is guilty of an offence. (2) A person guilty of an offence under subsection (1) shall be liable— (a) on summary conviction, to a class D fine or imprisonment for a term not exceeding 12 months, or to both, or (b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years, or to both. Provisions relating to prosecutions 18. (1) Summary proceedings for an offence under section 17 may be brought at the suit of the Minister for Social Protection. (2) An officer of the Minister for Social Protection shall not institute any summary proceedings for an offence under section 17 at the suit of the Minister for Social Protection unless the officer is authorised in that behalf by special or general directions of the Minister for Social Protection or the Minister for Social Protection has consented to the initiation of those proceedings. (3) Notwithstanding any provision in 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— (a) 2 years commencing on the date on which the offence was alleged to have been committed, or (b) 18 months commencing on the date on which evidence sufficient to justify the institution of the prosecution came into the possession of the Minister for Social Protection. (4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister for Social Protection, as to the date on which the evidence referred to in that subsection came into his or her possession shall be sufficient evidence thereof until the contrary is shown. (5) Where in 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 (in 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 information contained in the application (or to have caused it to be given on his or her behalf) and, where the information is false, with full knowledge of its falsity and with intent that it should deceive; but this presumption may be rebutted. (6) (a) For the purpose of the institution of proceedings under this Part a certificate, purporting to be given by an officer of the Minister for Social Protection authorised in that behalf by the Minister for Social Protection and to be signed by that officer, certifying the facts set out in paragraph (b), shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown. (b) The facts referred to in 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 institute the proceedings, or that the Minister for Social Protection has consented to the institution of those proceedings. Disregard of financial contribution for purposes of means-testing 19. (1) Subject to subsection (2), where eligibility for the purposes of a benefit (whether pecuniary or otherwise and howsoever called) granted by a public body is determined by reference to whether the income of a person meets or exceeds a threshold, any financial contribution received by the person under this Part shall not be taken into account when calculating that income. (2) Subsection (1) shall not apply in 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 (1). (3) In 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 in 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 in Ireland, (f) the Commissioner of Valuation, (g) the Garda Síochána, (h) the Defence Forces, (i) a local authority for the purposes of the Local Government Act 2001 , (j) the Health Service Executive, (k) an education and training board, (l) a recognised school established and maintained by an education and training board, (m) a board of a recognised school established and maintained by an education and training board, (n) a body established— (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 (ii) under the Act of 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in 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, in 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 indirectly out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made, or (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), (n) or (o) relates and in 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 in Part 4 of the Public Service Pay and Pensions Act 2017 ; “recognised school” has the same meaning as it has in the Act of 1998. Notifications (Part 2) 20. A notification under this Part (other than a notification under section 14 )shall— (a) be given in writing, (b) be addressed to the person concerned by name, and (c) be made to the person in one of the following ways: (i) by delivering it to the person; (ii) 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; (iii) by sending it by post 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; (iv) by electronic means, in a case in which the person has given notice in writing to the Minister of his or her consent to the notification being made to him or her in that manner. Regulations (Part 2) 21. (1) The Minister may, following consultation with the Minister for Social Protection, by regulations provide for any matter referred to in this Part as prescribed or to be prescribed. (2) The Minister may, following consultation with the Minister for Social Protection, by regulations provide for the following matters: (a) the procedure for the making of an application under section 7 , including the following: (i) the period within which an application shall be made; (ii) the form of such an application; (b) the procedure for an appeal by an applicant against a decision of an appointed officer, including the following: (i) the form and manner in which an appeal shall be made; (ii) the information to be provided by the applicant for the purposes of the appeal, including the reasons for that appeal; (iii) the conduct of the appeal; (iv) the provision of such access to information, 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 in which, and the period within which, the applicant shall be notified of the determination of the appeal. (3) Regulations under this section may contain such incidental, 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. (4) Every regulation made by the Minister under this Part 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. Payment of financial contribution not to create landlord and tenant relationship 22. The payment of a financial contribution in respect of an eligible dwelling shall not be taken into account in 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 insertion 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 income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”. Amendment of Residential Tenancies Act 2004 24. Section 50 of the Residential Tenancies Act 2004 is amended— (a) in subsection (7), by the substitution of “subject to section 3B(d) and subsection (7A)” for “subject to section 3B(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 )”, and (b) by the insertion of the following subsection after subsection (7): “(7A) Subsection (7) shall not apply where the person in 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) in section 7(1)(b), by the insertion of the following subparagraph after subparagraph (iii): “(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or”, and (b) in section 15(2)(c), by the insertion of the following subparagraph after subparagraph (iii): “(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or”. PART 4 Amendment of Immigration Act 2004 and Other Enactments Definitions (Part 4) 26. In 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(1)(b) of the Act of 1999 is amended by the substitution of “a registration officer (within the meaning of the Immigration Act 2004 ) pursuant to section 9 of that Act, or to the Minister pursuant to section 16 (3)(c) of the International 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(1) of the Act of 2004 is amended— (a) by the deletion of the definition of “registration district”, and (b) by the substitution of the following definition for the definition of “registration officer”: “‘registration officer’ shall be construed in accordance with section 9B;”. Amendment of section 4 of Act of 2004 29. Section 4(5)(c)(i) of the Act of 2004 is amended by the substitution of “a registration officer,” for “the registration officer for the place in which he or she intends 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 (2): “(2) Subject to section 2(2), a non-national shall comply with the following requirements as to registration: (a) he or she shall, as soon as may be, furnish to a registration officer the particulars set out in 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 in 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 information (including, where required by the registration officer, a recent photograph of him or her) that may be necessary for maintaining the accuracy of the register; (c) he or she shall— (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 intended residence, and (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); (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 inform a registration officer of his or her return to his or her residence; (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.”, (b) by the substitution of the following subsection for subsection (3): “(3) If a non-national has no residence in 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 in 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 intended address.”, (c) in subsection (4), by the substitution of “either by informing a registration officer” for “either by giving notice to the registration officer”, (d) by the insertion of the following subsection after subsection (4): “(4A) Subject to section 19(3), a registration officer shall issue to a non‑national a registration certificate— (a) on registration of the non-national, and (b) where the entry in 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 insertion of the following subsection after subsection (7): “(7A) (a) A person who is required under subsection (2), (3) or (4) to furnish, produce or provide particulars, information or a document to a registration officer may comply with the requirement concerned by furnishing, producing or providing the particulars, information or document, or a copy of the document, as the case may be, by such electronic means and in 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 in which, particulars, information 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) in subsection (8), by the substitution of “person” for “non-national”. Registration officers 31. The Act of 2004 is amended by the insertion of the following section immediately before section 10: “9B. (1) The Minister may appoint such and so many persons as he or she considers appropriate (referred to in this Act as ‘registration officers’), being— (a) members of the Garda Síochána not below the rank of superintendent, or (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. (2) A registration officer may delegate his or her functions (other than the power of delegation under this subsection) under this Act or any other enactment to— (a) in the case of a registration officer to whom subsection (1)(a) applies, such member or members of the Garda Síochána as the registration officer may specify, or (b) in the case of a registration officer to whom subsection (1)(b) applies, such officer or officers of the Minister as the registration officer may specify. (3) Where a function of a registration officer is delegated under this section— (a) the registration officer who delegated the function may— (i) continue to perform that function, and (ii) vary or revoke the delegation, and (b) a reference to a registration officer in the enactment conferring the function on the registration officer shall, in relation to the function, be construed as including a reference to the person to whom the function is delegated. (4) A person who, immediately before the date on which section 31 of the Civil Law (Miscellaneous Provisions) Act 2022 comes into 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. (5) The Minister may revoke an appointment under this section. (6) In this section, ‘enactment’ has the same meaning as it has in section 2 (1) of the Interpretation Act 2005 .”. Amendment of section 14 of Act of 2004 32. Section 14(1)(b)(ii) of the Act of 2004 is amended by the substitution of “a registration officer” for “the registration officer of the registration district in which he or she is resident”. Amendment of section 18 of Act of 2004 33. Section 18(1)(b) of the Act of 2004 is amended by the substitution of “a registration officer pursuant to section 9, or to the Minister pursuant to section 16 (3)(c) of the International 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 insertion of the following subsection after subsection (5): “(5A) Regulations under subsection (1) (b) may prescribe different fees to be paid in different circumstances.”. Amendment of Second Schedule to Act of 2004 35. The Second Schedule to the Act of 2004 is amended, in paragraphs 8, 11 and 12, by the substitution of “a registration officer” for “the registration officer” in 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: (a) paragraphs (a) and (c) of section 35; (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) in Schedule 1, by the deletion of the matters in columns (2) to (5) opposite mention of reference number 22, and (b) in Schedule 2, by the deletion of the matters— (i) in columns (2) to (5) opposite mention of reference number 1, (ii) in columns (2) to (5) opposite mention of reference number 2, and (iii) in columns (2) to (5) opposite mention of reference number 5. Amendment of Aliens Order 1946 38. The Aliens Order 1946 is amended— (a) in Article 3, by the deletion of the definitions of “registration district” and “registration officer”, (b) in Article 5, by the deletion of paragraph (7) (c), (c) by the deletion of Article 11, (d) in Article 18, by the deletion of “registration,”, and (e) by the deletion of the Second Schedule. Amendment of Regulations 39. (1) The European Communities (Right of Residence for Non-Economically Active Persons) Regulations ( S.I. No. 57 of 1997 ) are amended— (a) in Regulation 2(1)— (i) by the deletion of the definition of “registration district”, (ii) by the substitution of the following definition for the definition of “registration officer”: “‘registration officer’ has the same meaning as it has in the Immigration Act 2004 ;”, (b) in Regulation 6— (i) by the substitution, in paragraph (1), of “a registration officer” for “the registration officer of the registration district in which the person is located”, and (ii) by the substitution, in paragraph (2), of “a registration officer” for “the registration officer of the registration district in which the dependant is located”, and (c) in Regulation 18, by the substitution of “a registration officer” for “the registration officer of the registration district in which he is located”. (2) The European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ) are amended— (a) in Regulation 2(1) — (i) by the deletion of the definition of “registration district”, (ii) by the substitution of the following definition for the definition of “registration officer”: “‘registration officer’ has the same meaning as it has in the Immigration Act 2004 ;”, and (b) in Regulation 11(2), by the substitution of “a registration officer” for “the registration officer of the registration district in which he or she is located”. Transitional provisions (Part 4) 40. (1) Any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred 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 into operation of this section may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the section concerned had not been amended by this Part. (2) A registration certificate issued under the Aliens Order 1946 that, immediately before the date on which this section comes into operation, is in 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 Interpretation (Part 5) 41. In 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 International 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 in the Interpretation Act 2005 ; “immigration enactment” means an enactment, in respect of which the Minister for Justice has responsibility, insofar as the enactment makes provision for— (a) the entry of persons into the State, the period during which such persons may remain in the State and the conditions and obligations applicable to such persons while they are in the State, (b) the entry into, and presence in, the State of persons who require international protection, or (c) the acquisition of Irish citizenship; “international protection” has the same meaning as it has in the Act of 2015; “personal data” has the same meaning as it has in the Data Protection Regulation; “processing” has the same meaning as it has in the Data Protection Regulation; “relevant immigration enactment” means— (a) section 60 of the Act of 2015, (b) section 9 of the Act of 2004, and (c) an immigration enactment prescribed by regulations under section 44 ; “relevant officer” means— (a) an officer of the Minister for Justice, (b) a registration officer within the meaning of the Act of 2004, (c) an immigration officer within the meaning of the Act of 2004, (d) an international 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 (1); “relevant social welfare enactment” means— (a) section 262 of the Act of 2005, and (b) the Act of 2005 insofar 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 in processing personal data of those subjects and may include measures referred to in section 36(1) of the Act of 2018. Collection of personal data by relevant officer for relevant immigration enactment and relevant social welfare enactment 42. (1) A relevant officer may, in accordance with the Data Protection Regulation and the Act of 2018 and subject to suitable and specific measures being taken, collect personal data, including special categories of personal data and Article 10 data, provided by, or in respect of, a person (in this Part referred to as “a relevant person”) for the purposes of— (a) a relevant immigration enactment, (b) a relevant social welfare enactment, or (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. (2) Personal data collected in accordance with subsection (1) shall not be processed other than in accordance with section 43 . (3) In this section— “Article 10 data” means personal data referred to in Article 10 of the Data Protection Regulation; “special categories of personal data” has the same meaning as it has in the Act of 2018. Processing of personal data collected in accordance with section 42 43. Notwithstanding any other enactment or rule of law, personal data of a relevant person collected by a relevant officer in accordance with section 42 may, in 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— (a) by a person who has a function under a relevant immigration enactment for the purpose of the performance of the function concerned, (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 (c) by a relevant officer for the purpose of enabling the processing referred to in paragraph (a) or (b) or both. Regulations (Part 5) 44. (1) Subject to subsection (2), the Minister for Justice may, with the consent of the Minister for Social Protection, by regulations prescribe an immigration enactment as a relevant immigration enactment for the purposes of this Part. (2) The Minister for Justice shall not prescribe an immigration enactment as a relevant immigration enactment under subsection (1) unless he or she is satisfied, in respect of the enactment to be prescribed that— (a) it is an enactment under which a relevant person is required to provide his or her personal data, (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, (c) there would be a benefit to a relevant person, in 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. (3) In 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 in processing personal data under this Part. (4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. PART 6 Licensed Haulage Emergency Support Scheme Licensed Haulage Emergency Support Scheme 45. (1) It shall be and be deemed always to have been a function of the Minister to establish and operate the Scheme. (2) In 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— (a) held an operator’s licence, or (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— (a) an international road haulage operator’s licence granted by the Minister under paragraph (a) of section 2(1) of the Act of 2006, or (b) a national road haulage operator’s licence granted by the Minister under paragraph (b) of section 2(1) of the Act of 2006; “Minister” means the Minister for Transport; “relevant period” means the period beginning on the 5th day of April 2022 and ending on the 6th day of June 2022; “Scheme” means the Licensed Haulage Emergency Support Scheme established and operated by the Minister for the provision of financial support, subject to and in 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) in section 3— (i) in the definition of foreign driving licence— (I) in paragraph (a), by the substitution of “vehicle,” for “vehicle, or”, (II) in paragraph (b), by the substitution of “23A(1), or” for “23A(1) ;”, and (III) by the insertion of the following paragraph after paragraph (b): “(c) recognised by an order under section 23B;” (ii) by the insertion 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(6) of the International Protection Act 2015 , which permission is valid; ‘relevant person’ means a person who has been given a permission to reside;”, (b) by the insertion of the following section after section 23A: “Recognition of foreign driving licences held by certain persons 23B. (1) The Minister, after consultation with the Minister for Justice, may by order declare that a licence or permit permitting a relevant person to drive a mechanically propelled vehicle, not being a licence or permit to enable that relevant person to learn or provisionally to drive such a vehicle, issued by the competent authority of a relevant state, shall be recognised for the purpose of use in the State in respect of any one or more of the categories in 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 in the order. (2) In this section, ‘relevant state’ means a state other than the State or a Member State or member state of the European Economic Area.”, (c) in section 38, by the insertion of the following subsection after subsection (8): “(9) In this section, notwithstanding the definition of driving licence in section 3, ‘driving licence’ means— (a) an Irish driving licence, (b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in 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 include a licence or permit so issued to a person to enable the person to …