Ombudsman (Amendment) Act 2012

Ombudsman (Amendment) Act 2012 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 2012 Ombudsman (Amendment) Act 2012 Ombudsman (Amendment) Act 2012 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 38 of 2012 OMBUDSMAN (AMENDMENT) ACT 2012 ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

PART 2

Office of the Commission for Public Service Appointments

Section 17

Part 2

).

Section 18

Section 19

Section 20

PART 3

Consequential Amendments of other Acts

Section 21

Section 22

Section 23

Section 24

Section 25

SCHEDULE

PART 1

Schedule Replacing First Schedule to Principal Act

PART 2

Schedule Replacing Second Schedule to Principal Act Acts Referred to Adoption Act 2010 2010, No. 21 British-Irish Agreement Act 1999 1999, No. 1 Commission to Inquire into Child Abuse (Amendment) Act 2005 2005, No. 17 Companies Acts Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Coroners Act 1962 1962, No. 9 Courts Service Act 1998 1998, No. 8 Dentists Act 1985 1985, No. 9 Disability Act 2005 2005, No. 14 Exchequer and Audit Departments Acts 1866 and 1921 Freedom of Information Act 1997 1997, No. 13 Health and Social Care Professionals Act 2005 2005, No. 27 Local Government Act 1941 1941, No. 23 Local Government Act 2001 2001, No. 37 Medical Practitioners Act 2007 2007, No. 25 National Lottery Act 1986 1986, No. 28 Nurses Act 1985 1985, No. 18 Official Languages Act 2003 2003, No. 32 Ombudsman Act 1980 1980, No. 26 Ombudsman Acts 1980 to 1984 Ombudsman for Children Act 2002 2002, No. 22 Opticians Acts 1956 and 2003 Pensions Act 1990 1990, No. 25 Personal Injuries Assessment Board Act 2003 2003, No. 46 Pharmacy Act 2007 2007, No. 20 Property Services (Regulation) Act 2011 2011, No. 40 Public Service Management (Recruitment and Appointments) Act 2004 2004, No. 33 Radiological Protection (Amendment) Act 2002 2002, No. 23 Residential Tenancies Act 2004 2004, No. 27 Safety, Health and Welfare at Work Act 2005 2005, No. 10 Social Welfare Consolidation Act 2005 2005, No. 26 Veterinary Practice Act 2005 2005, No. 22 Number 38 of 2012 OMBUDSMAN (AMENDMENT) ACT 2012 AN ACT TO AMEND THE OMBUDSMAN ACT 1980, TO AMEND THE PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004 SO AS TO ENABLE FUNCTIONS RELATING TO THE OFFICE OF THE COMMISSION FOR PUBLIC SERVICE APPOINTMENTS AND TO THE DIRECTOR OF THAT OFFICE TO BE CARRIED OUT BY, RESPECTIVELY, THE OFFICE OF THE OMBUDSMAN AND BY THE OFFICER OF THE LAST-MENTIONED OFFICE WHO PERFORMS THE FUNCTIONS OF CHIEF EXECUTIVE OFFICER OF THAT OFFICE, TO PROVIDE FOR THE CONSEQUENTIAL AMENDMENT OF CERTAIN OTHER ACTS AND TO PROVIDE FOR CONNECTED MATTERS. [31st October, 2012] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General Short title and commencement.

1.— (1) This Act may be cited as the Ombudsman (Amendment) Act 2012.

Definition.

2.— In this Act “Principal Act” means the Ombudsman Act 1980 .

Amendment of section 1 (definitions) of Principal Act.

3.— Section 1 of the Principal Act is amended— (a) in subsection (1)— (i) by inserting the following definitions after the definition of “civil servant”: “ ‘eligible person’ means— (a) a person other than a reviewable agency or an exempt agency, and (b) a person (being an individual who constitutes, or is a member, officer, employee or agent of, a reviewable agency or an exempt agency) in that person’s private capacity; ‘entity’ means a person, body of persons, organisation or group, including, in particular, an organ of government, or an element of an organ of government, at national or local level; ‘exempt agency’ means— (a) an entity specified in the Second Schedule, (b) an element of a reviewable agency that is excluded from review by— (i) Part II of the First Schedule, or (ii) an order under section 1A or 4(10);”. (ii) in the definition of “local authority”, by deleting “Local Government Act, 1941” and substituting “Local Government Act 2001”, and (iii) by substituting the following definitions for the definition of “the Minister”: “ ‘Minister’ means the Minister for Public Expenditure and Reform; ‘reviewable agency’ means— (a) an entity (whether established before or after the enactment of the Ombudsman (Amendment) Act 2012) within the meaning of Part I of the First Schedule, except to the extent that any element of that entity is expressed by Part II of that Schedule or an order under section 4(10) to be excluded from review, and (b) an entity declared by an order under section 1A to be a reviewable agency, except to the extent that any element of that entity is expressed by that order to be excluded.”, (b) in subsection (3)— (i) by substituting “an entity (other than a Department of State) that is a reviewable agency or an exempt agency” for “a person (other than a Department of State) specified in the Schedules to this Act”, and (ii) by substituting “the entity” for “the person” in each place where it occurs.

Reviewable agency.

4.— The Principal Act is amended by inserting the following section after section 1: “1A.— (1) Subject to subsections (2) and (3), the Minister may, after consultation with the Ombudsman, the Ombudsman for Children and such committee of the Houses of the Oireachtas as he or she considers appropriate, and with the consent of such other Minister (if any) as appears to the Minister to be responsible for the entity in question, and having regard to the need to ensure appropriate accountability and oversight of entities referred to in this subsection, may by order declare to be a reviewable agency— (a) an entity, being— (i) a company established under the Companies Acts in pursuance of powers conferred by or under another enactment, or (ii) any other entity, whether financed wholly or partly, or directly or indirectly, 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, (b) any other entity on which functions in relation to the general public or a class of the general public stand conferred by any enactment (but only in respect of those functions), (c) a subsidiary (within the meaning of the Companies Acts) of a company to which paragraph (a)(i) relates, or (d) an entity (other than a subsidiary to which paragraph (c) relates) that is directly or indirectly controlled by an entity to which paragraph (a)(ii) or (b) relates.

Amendment of section 2 (appointment and term of office of the Ombudsman) of Principal Act.

5.— Section 2 of the Principal Act is amended— (a) by inserting after subsection (2) the following: “(2A) Such appointment may be preceded by consideration by a committee of the Houses of the Oireachtas as may be designated by the Minister of a person proposed by the Government for such appointment.”, and (b) in paragraphs (a) and (b) of subsection (5), by substituting “European Parliament” for “European Assembly” in each place where it occurs.

Amendment of section 4 (functions of the Ombudsman) of Principal Act.

6.— Section 4 of the Principal Act is amended— (a) by substituting the following subsections for subsections (2), (3) and (4): “(2) Subject to this Act, the Ombudsman may investigate any action taken by or on behalf of a reviewable agency in the performance of administrative functions where, having carried out a preliminary examination of the matter, it appears to the Ombudsman— (a) that the action has or may have adversely affected an eligible person, and (b) that the action was or may have been— (i) taken without proper authority, (ii) taken on irrelevant grounds, (iii) the result of negligence or carelessness, (iv) based on erroneous or incomplete information, (v) improperly discriminatory, (vi) based on an undesirable administrative practice, (vii) a failure to comply with section 4A, or (viii) otherwise contrary to fair or sound administration.

Duty on reviewable agencies to give assistance and guidance, etc.

7.— The Principal Act is amended by inserting the following section after section 4: “4A.— (1) This section applies when an action taken by or on behalf of a reviewable agency (‘the agency’) in the performance of administrative functions affects— (a) a right, privilege or other benefit to which an eligible person is or may be entitled, or (b) an obligation, liability, penalty or other detriment to which an eligible person is or may be subject.

Amendment of section 5 (exclusions) of Principal Act.

8.— Section 5 of the Principal Act is amended— (a) by substituting the following subsections for subsections (1) and (2): “(1) Subject to subsection (2), the Ombudsman shall not investigate any action taken by or on behalf of a person— (a) if the action is one in relation to which— (i) the person affected by the action has initiated in any court civil legal proceedings and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justiciable by that court whether the proceedings have been otherwise concluded or have not been concluded, (ii) the person affected by the action has a right, conferred by or under an enactment, of appeal, reference or review to or before a court in the State (not being an appeal, reference or review in relation to a decision of a court), or (iii) the person affected by the action has a right of appeal, reference or review to or before a person, other than a reviewable agency, who is independent in the performance of his or her functions in relation to the appeal, reference or review, (b) if the action relates to or affects national security or military activity or (in the opinion of the Ombudsman) arrangements regarding participation in organisations of states or governments, (c) subject to subsection (2A), if the action relates to or affects— (i) recruitment or appointment to any office or employment, or (ii) the terms and conditions (including the terms and conditions upon and subject to which pensions, gratuities or other superannuation benefits are payable), being— (I) the terms and conditions upon and subject to which a person holds any office or is employed in any capacity, or (II) the terms and conditions of a contract for services, (d) if— (i) in a case where a complaint is made to the Ombudsman in relation to the action, the complaint is not made before the expiration of 12 months from the time of the action or the time when the person making the complaint became aware of the action, whichever is the later, or (ii) in any other case, a period of 12 months has elapsed since the time of the action, (e) if the action was taken before the date on which the reviewable agency concerned first became subject to review under this Act, or was taken on a date on which the reviewable agency concerned was otherwise not subject to review under this Act, (f) if the action is one to which section 8 of the Ombudsman for Children Act 2002 applies, (g) if the action— (i) falls within a category of complaint or dispute to which paragraph (a), (b) or (c) of subsection (2) of

section 131 of the Pensions Act 1990 applies, and (ii) is not excluded from the jurisdiction of the Pensions Ombudsman by virtue of regulations under paragraph (b) or (c) of subsection (7) of that section.

Amendment of section 6 (reports, etc., by the Ombudsman) of Principal Act.

9.— Section 6 of the Principal Act is amended by substituting the following subsections for subsections (2), (3) and (4): “(2) In any case where the Ombudsman conducts an investigation under this Act, the Ombudsman shall send a statement in writing of the results of the investigation to— (a) the reviewable agency concerned, (b) the Department of State in which are comprised the business and functions of, or which performs functions in relation to, a reviewable agency (other than a Department of State) to whom a statement is sent under paragraph (a), (c) any other person who has or, in a case where a complaint in relation to the action the subject of the investigation has been made to the Ombudsman, is alleged in the complaint to have taken or authorised the action, and (d) any other person to whom the Ombudsman considers it appropriate to send the statement.

Amendment of section 7 (powers of Ombudsman in respect of examinations and investigations) of Principal Act.

10.— Section 7 of the Principal Act is amended in subsection (1)— (a) by inserting the following paragraph after paragraph (a): “(aa) A requirement under paragraph (a) shall be made by notice in writing given to the person to whom it is directed and shall specify the period within which and the place at which any information, document or thing is to be furnished to the Ombudsman or the place at which a person is to attend before the Ombudsman.”, and (b) by inserting the following paragraphs after paragraph (b): “(c) If it appears to the Ombudsman that a person has failed to comply with a requirement under paragraph (a), the Ombudsman may apply to the Circuit Court for an order under paragraph (d). (d) If, on an application under paragraph (c), the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement concerned, the Court may, subject to subsection (2), make an order directing that person to comply with the requirement. (e) An application under paragraph (c) shall be made to the judge of the Circuit Court for the Dublin Circuit.”.

Amendment of section 8 (conduct of investigations) of Principal Act.

11.— Section 8 of the Principal Act is amended in subsection (2)(a) by substituting “reviewable agency concerned” for “Department of State, or other person specified in Part I of the First Schedule to this Act, concerned”.

Reference of questions of law to High Court.

12.— The Principal Act is amended by inserting the following section after section 8: “8A.— The Ombudsman may refer any question of law arising in an investigation under this Act to the High Court for determination.”.

Amendment of section 9 (secrecy of information) of Principal Act.

13.— Section 9 of the Principal Act is amended in subsection (2)— (a) in paragraphs (a) and (b)— (i) by substituting “exempt record” for “document, information or thing” (wherever occurring), (ii) by substituting “exempt records” for “documents, information or things” (wherever occurring), (b) in paragraph (c) by substituting “exempt record” for“document, information or thing” (wherever occurring), and (c) by inserting the following paragraph after paragraph (c): “(d) In this subsection, ‘exempt record’ has the meaning given by section 2 of the Freedom of Information Act 1997 .”.

Amendment of section 10 (staff of the Ombudsman) of Principal Act.

14.— Section 10 of the Principal Act is amended by deleting subsection (4).

Use of title of ombudsman.

15.— The Principal Act is amended by inserting the following section after section 10: “10A.— (1) A person shall not, in connection with any trade, profession, business or occupation, use the title of ombudsman, either alone or in conjunction with another word or phrase, unless the person— (a) is authorised to do so by or under an Act of the Oireachtas, (b) has, by reason of the functions to be performed by him or her, obtained the prior consent in writing of the Minister to do so, or (c) had commenced so to use that title before 9 July 2008.

Substitution of Schedules.

16.— The Principal Act is amended by substituting, respectively, for the First and Second Schedules the Schedules set out in

Part 1

and

Part 2

of the Schedule to this Act.

PART 2

Office of the Commission for Public Service Appointments Definition (Part 2).

17.— In this Part “Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004 .

Amendment of section 28 (Director) of Act of 2004.

18.— Section 28 of the Act of 2004 is amended by substituting the following for subsection (1): “(1) Subject to subsection (2), the person who is designated by the Ombudsman as the chief executive officer (by whatever name called) of the Office of the Ombudsman shall be the Director of the Office of the Commission who shall be known and is referred to in this Act as the ‘Director’.”.

Amendment of section 29 (Accounting officer and accounts, etc.) of Act of 2004.

19.— The Act of 2004 is amended by substituting the following for section 29: “29.— (1) For the purposes of the Exchequer and Audit Departments Acts 1866 and 1921 and the Comptroller and Auditor General (Amendment) Act 1993 , the person who stands as the duly appointed accounting officer for the appropriation accounts of the Office of the Ombudsman shall also be the accounting officer for the appropriation accounts of the Office of the Commission.

Staff of Office of Commission.

20.— The Act of 2004 is amended by substituting the following for section 32(1): “32.— (1) With effect from the commencement of the Ombudsman (Amendment) Act 2012, in so far as it relates to the Office of the Commission: (a) the members of the staff of the Office of the Commission upon such commencement shall become members of the staff of the Office of the Ombudsman, (b) subject to paragraph (c), such and so many officers and staff of the Ombudsman as may be designated from time to time by the Director for the purposes of staffing the Office of the Commission and any such designation may be revoked at any time, (c) the person who immediately before such commencement had been the Director shall cease to be the Director upon such commencement and— (i) shall be deemed to be an officer of the Office of the Ombudsman designated to the Office of the Commission, and (ii) such deemed designation shall not be revoked without his or her consent.”.

PART 3

Consequential Amendments of other Acts Amendment of section 50 of British-Irish Agreement Act 1999.

21.—

Section 50

of the British-Irish Agreement Act 1999 is amended by substituting “each of them were a reviewable agency (within the meaning of that Act),” for “there were a reference to each of them in Part I of the First Schedule to that Act,”.

Amendment of Ombudsman for Children Act 2002.

22.— The Ombudsman for Children Act 2002 is amended— (a) in section 2— (i) in subsection (1), by substituting for the definition of “public body” the following: “ ‘public body’ means a body specified in or under the First Schedule to the Act of 1980 or a reviewable agency by virtue of an order under section 1A of that Act, but only to the extent that and in relation to functions in respect of which the body is subject to the Act of 1980;”, and (ii) in subsection (6)(c), by deleting “other than in sections 14 to 16,”, (b) in section 9(1)(c), by deleting “specified in Schedule 2”, (c) by repealing section 10(7), (d) in section 15, by substituting “reviewable agency (within the meaning of that Act) concerned” for “Department of State, or other person specified in Part 1 of the First Schedule to that Act, concerned”, and (e) by repealing Schedules 1 and 2.

Amendment of section 36 of Official Languages Act 2003.

23.—

Section 36

of the Official Languages Act 2003 is amended— (a) in the Irish text by substituting “arna dhéanamh ag gníomhaireacht inathbhreithnithe (de réir bhrí an Achta sin) nó arna dhéanamh thar ceann gníomhaireachta den sórt sin” for “a rinne Roinn Stáit nó duine eile a shonraítear i gCuid 1 den Chéad Sceideal a ghabhann leis an Acht sin, nó a rinneadh thar a cheann nó thar a ceann”, and (b) in the English text by substituting “reviewable agency (within the meaning of that Act)” for “Department of State or other person specified in Part I of the First Schedule to that Act”.

Amendment of section 28 of Commission to Inquire into Child Abuse (Amendment) Act 2005.

24.—

Section 28

of the Commission to Inquire into Child Abuse (Amendment) Act 2005 is amended in subsection (4)— (a) by substituting “reviewable agency (within the meaning of that Act)” for “Department of State”, (b) in paragraph (a) by substituting “ ‘in the performance’ ” for “ ‘(being an action taken in the performance of administrative functions)’ ”, and (c) in paragraph (c) by substituting “subsections (3) and (3A)” for “subsection (3)”.

Amendment of section 40 of Disability Act 2005.

25.—

Section 40

of the Disability Act 2005 is amended— (a) by substituting “reviewable agency (within the meaning of that Act)” for “Department of State”, (b) in paragraph (b) by substituting “ ‘in the performance’ ” for “ ‘(being an action taken in the performance of administrative functions)’ ”, and (c) in paragraph (d) by substituting “subsections (3) and (3A)” for “subsection (3)”.

SCHEDULE

Section 16

.

PART 1

Schedule Replacing First Schedule to Principal Act “FIRST SCHEDULE Reviewable Agencies

PART I

(a) a Department of State; (b) an entity established by or under any enactment, statutory instrument or charter (other than the Companies Acts) or any scheme administered by a Minister of the Government; (c) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government; (d) any entity (other than an entity to which paragraph (a) or (b) relates) established or appointed by the Government or a Minister of the Government; (e) a subsidiary (within the meaning of the Companies Acts) of a company to which paragraph (c) relates; (f) an entity (other than a subsidiary to which paragraph (e) relates) that is directly or indirectly controlled by an entity to which paragraph (b), (c), (d) or (e) relates; (g) an entity on which functions are conferred by or under statute, statutory instrument or charter, but only in respect of those functions; (h) a higher education institution in receipt of public funding; (i) an entity that immediately prior to the enactment of the Ombudsman (Amendment) Act 2012 was subject to review by the Ombudsman.

PART II

Part I of this Schedule does not include a reference to—

(a) the Adoption Authority of Ireland, insofar as it relates to the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010 ; (b) An Bord Altranais, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of nurses under the Nurses Act 1985 and to its role as the competent authority for the purposes of mutual recognition of nursing qualifications obtained in or recognised by a Member State; (c) Bord na Radharcmhastóirí, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of optometrists and dispensing opticians under the Opticians Acts 1956 and 2003 and to its role as competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State; (d) the Courts Service, except as it relates to an action taken in the performance of administrative functions under section 5 of the Courts Service Act 1998 ; (e) the Dental Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of dentists and dental practitioners under the Dentists Act 1985 and to its role as the competent authority for the purposes of mutual recognition of dental qualifications obtained in or recognised by a Member State; (f) the Department of Justice and Equality, insofar as it relates to an action— (i) taken in the administration of the law relating to immigration or naturalisation, (ii) taken in the administration of the prisons or other places for the custody of persons committed to custody by the Courts, (iii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution, or (iv) involving the remission of any forfeiture or disqualification imposed by a court exercising criminal jurisdiction; (g) the Health and Safety Authority, except as it relates to an action taken in the performance of administrative functions under section 34 of the Safety, Health and Welfare at Work Act 2005 ; (h) the Health and Social Care Professionals Council, except as it relates to an action taken in the performance of administrative functions under Part 4 of the Health and Social Care Professionals Act 2005 ; (i) the Health Service Executive, insofar as it relates to an action taken—

(i) by persons when acting on behalf of the Health Service Executive and (in the opinion of the Ombudsman) solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a patient, whether such opinion is formed by the person taking the action or by any other person; or (ii) an action taken by the Health Service Executive when acting on the advice of persons referred to in subparagraph (i), being actions of the Health Service Executive that, in the opinion of the Ombudsman, were taken solely on such advice; (j) the Legal Aid Board, insofar as it relates to the provision of legal services (advice or representation) by solicitors of the Legal Aid Board, or by private solicitors working under the auspices of the Legal Aid Board, to clients; (k) a local authority (within the meaning of the Local Government Act 2001 ), insofar as it relates to the performance of reserved functions within the meaning of that Act; (l) the Medical Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of medical practitioners under the Medical Practitioners Act 2007 and to its role as the competent authority for the purposes of mutual recognition of medical qualifications obtained in or recognised by a Member State; (m) the Personal Injuries Assessment Board, except as it relates to an action taken in the performance of administrative functions under Part 3 of the Personal Injuries Assessment Board Act 2003 ; (n) the Pharmaceutical Society of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pharmacists, pharmaceutical assistants and retail pharmacy businesses under the Pharmacy Act 2007 and to its role as the competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State; (o) the Pre-Hospital Emergency Care Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pre-hospital emergency care practitioners under the Pre-Hospital Emergency Care Council (Establishment) Order) 2000 ( S.I. No. 109 of 2000 ) and to its role as the competent authority for the purposes of mutual recognition of relevant qualifications obtained in or recognised by a Member State; (p) the Private Residential Tenancies Board, except as it relates to an action taken in the performance of administrative functions under Part 7 of the

Residential Tenancies Act 2004 ; (q) the Property Services Appeal Board, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to the specification of qualification and other requirements for property service providers under that Act; (r) the Property Services Regulatory Authority, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to its role relating to the specification of qualification and other requirements for property service providers under that Act; (s) the Radiological Protection Institute of Ireland, except as it relates to an action taken in the performance of administrative functions under section 7 of the Radiological Protection (Amendment) Act 2002 ; (t) the Veterinary Council of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of veterinary practitioners and a register of veterinary nurses under the Veterinary Practice Act 2005 and to its role as the competent authority for the purposes of the mutual recognition of veterinary qualifications obtained in or recognised by a Member State.”.

PART 2

Schedule Replacing Second Schedule to Principal Act “SECOND SCHEDULE Exempt Agencies 1. Abbey Theatre 2. Aer Lingus 3. An Bord Pleanála 4. An Post 5. Army Pensions Board 6. Arramara Teoranta 7. Bantry Bay Harbour Commissioners 8. Bord Gais Éireann 9. Bord na gCon 10. Bord na Móna 11. Broadcasting Authority of Ireland 12. Bus Átha Cliath — Dublin Bus 13. Bus Éireann 14. Central Bank of Ireland 15. Coillte Teoranta 16. Coimisinéir Teanga 17. Commission for Aviation Regulation 18. Commission for Communications Regulation 19. Commission for Energy Regulation 20. Commission for Public Service Appointments 21. Commission to Inquire into Child Abuse 22. Commissioners of Irish Lights 23. Comptroller and Auditor General 24. Córas Iompair Éireann 25. Cork Airport Authority plc.

Section 26

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

Section 43

Section 44

Section 45

Section 46

Section 47

Section 48

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Section 60

Section 61

Section 62

Section 63

Section 64

Section 65

Section 66

Section 67

Section 68

Section 69

Section 70

Section 71

Section 72

Section 73

Section 74

Section 75

Section 76

Section 77

Section 78

Section 79

Section 80

Section 81

Section 82

Section 83

Section 84

Section 85

Section 86

Section 87

Section 88

Section 89

Section 90

Section 91

Section 92

Section 93

Section 94

Section 95

Section 96

Section 97

Section 98

Section 99

Section 100

Section 101

Section 102

Section 103

Section 104

Section 105

Section 106

Section 107

Section 108

Section 109

Section 110

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