Public Health (Tobacco) (Amendment) Act 2010

What is this act about?

This law dissolves the Office of Tobacco Control and transfers its responsibilities to the Health Service Executive. It ensures a smooth transition of functions, property, staff, and legal matters from the dissolved Office to the Executive.

Who it applies to: The Office of Tobacco Control and its staff; The Health Service Executive.

At a glance

Country: Ireland
Area of law: Health and pharmaceutical law
Articles: 15
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The dissolution of the Office of Tobacco Control.
The transfer of the Office's functions, property, rights, and liabilities to the Health Service Executive.
The continuation of contracts and legal proceedings involving the Office under the Executive's name.
The transfer and protection of terms and conditions for staff previously employed by the Office.

Who does this act apply to?

The Office of Tobacco Control and its staff.
The Health Service Executive.
Any person or entity that had contracts, agreements, or legal proceedings with the Office of Tobacco Control.

What are the key points?

The Office of Tobacco Control is dissolved.
All functions of the Office, except for specific sections of the Public Health (Tobacco) Act 2002, are transferred to the Health Service Executive.
All land, property, rights, and liabilities of the Office are transferred to the Health Service Executive.
All staff members of the Office are transferred to the Health Service Executive with protected terms and conditions of service and remuneration.

Health and pharmaceutical law

Mental Treatment Act, 1953

Children's Health Act 2018

Local Authorities (Miscellaneous Provisions) Act, 1936

Mental Health Act 20266

Health (Miscellaneous Provisions) Act 2022

Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1954

Chemicals (Amendment) Act 2010

Health Act 2004

Health and pharmaceutical law

Legal text

Contents (15)

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

Public Health (Tobacco) (Amendment) Act 2010 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 2010 Public Health (Tobacco) (Amendment) Act 2010 Public Health (Tobacco) (Amendment) Act 2010 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 39 of 2010 PUBLIC HEALTH (TOBACCO) (AMENDMENT) ACT 2010 ARRANGEMENT OF SECTIONS Section

Section 1

1.Definitions.

Section 2

2.Dissolution of Office.

Section 3

3.Transfer of functions of Office.

Section 4

4.Transitional provisions consequent upon transfer of functions of Office.

Section 5

5.Land and other property of Office.

Section 6

6.Transfer of rights and liabilities of Office.

Section 7

7.Preservation of contracts made by Office.

Section 8

8.Pending legal proceedings.

Section 9

9.Transfer of members of staff of Office.

Section 10

10.Records of Office.

Section 11

11.Final accounts of Office.

Section 12

12.Final report of Office.

Section 13

13.Repeals.

Section 14

14.Expenses.

Section 15

15.Short title, commencement and collective citation.

Acts Referred to Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 2001, No. 19 Health Act 2004 2004, No. 42 Health Acts 1947 to 2009 Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Acts 1998 and 2006 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Public Health (Tobacco) (Amendment) Act 2009 2009, No. 23 Public Health (Tobacco) Act 2002 2002, No. 6 Redundancy Payments Acts 1967 to 2007 Terms of Employment (Information) Acts 1994 and 2001 Unfair Dismissals Acts 1977 to 2007 Number 39 of 2010 PUBLIC HEALTH (TOBACCO) (AMENDMENT) ACT 2010 AN ACT TO PROVIDE FOR THE DISSOLUTION OF THE OFFICE OF TOBACCO CONTROL; TO REPEAL PART 2 OF THE PUBLIC HEALTH (TOBACCO) ACT 2002; AND TO PROVIDE FOR RELATED MATTERS. [22nd December, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.— In this Act— “Act of 2002” means the Public Health (Tobacco) Act 2002 ; “Executive” means the Health Service Executive; “Minister” means the Minister for Health and Children; “Office” means the Office of Tobacco Control established under section 9 of the Act of 2002.

Dissolution of Office.

2.— The Office is dissolved.

Transfer of functions of Office.

3.— (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the commencement of this Act, to the Executive.

(2)The functions vested in the Office by or under: (a) the Act of 2002, other than— (i) section 10(1)(h) (amended by section 75 of the Health Act 2004 ), and (ii) section 22, and (b) the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 ( S.I. No. 425 of 2003 ) (amended by the European Communities (Manufacture, Presentation and Sale of Tobacco Products) (Amendment) Regulations 2008) ( S.I. No. 255 of 2008 )), shall, on the commencement of this Act, stand transferred to the Executive.

Transitional provisions consequent upon transfer of functions of Office.

4.— (1) References (however expressed) to the Office in any enactment shall, unless the context otherwise requires, be construed as references to the Executive.

(2)Anything commenced by or under the authority of the Office and not completed before the commencement of this Act may, in so far as it relates to a function transferred to the Executive under section 3 , be carried on or completed on or after the commencement of this Act by the Executive.

(3)Without prejudice to the generality of subsection (1), the register established and maintained by the Office under section 37 (amended by section 5 of the Public Health (Tobacco) (Amendment) Act 2009 ) of the Act of 2002 is continued in being and shall be maintained, on or after the commencement of this Act, by the Executive.

Land and other property of Office.

5.— (1) All land which, immediately before the commencement of this Act, was vested in the Office and all rights, powers and privileges relating to or connected with that land shall, on that commencement and without any conveyance, transfer or assignment, stand vested in the Executive for all the estate or interest for which it was vested in the Office but subject to all trusts and equities affecting that land subsisting and capable of being performed.

(2)All property other than land (including choses-in-action) which, immediately before the commencement of this Act, was the property of the Office shall, on that commencement and without any transfer or assignment, stand transferred to the Executive.

(3)Every chose-in-action transferred by subsection (2) may, on and after the commencement of this Act, be sued on, recovered or enforced by the Executive in its name and it shall not be necessary for the Executive to give notice to a person bound by any such chose-in-action of the transfer effected by that subsection.

(4)Any money, stocks, shares or securities transferred to the Executive by subsection (2) which, immediately before the commencement of this Act, are in the name of the Office shall, on the request of the Executive, be transferred into its name.

Transfer of rights and liabilities of Office.

6.— (1) All rights and liabilities of the Office arising by virtue of any contract or commitment (express or implied) entered into by the Office before the commencement of this Act shall, on that commencement, stand transferred to the Executive.

(2)Every right and liability transferred by subsection (1) to the Executive may, on and after the transfer, be sued on, recovered or enforced by or against the Executive in its name and it shall not be necessary for the Executive to give notice to a person whose right or liability is transferred by that subsection of that transfer.

Preservation of contracts made by Office.

7.— Every contract or agreement made between the Office or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the commencement of this Act, shall continue in force and shall be construed and have effect as if the name of the Executive were substituted therein for that of the Office or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Executive.

Pending legal proceedings.

8.— Where, immediately before the commencement of this Act, any legal proceedings to which the Office is a party are pending, the name of the Executive shall be substituted for that of the Office in the proceedings and the proceedings shall not abate by reason of that substitution.

Transfer of members of staff of Office.

9.— (1) Every person who, immediately before the commencement of this Act, is a member of staff of the Office shall, on that commencement, be transferred to and become an employee of the Executive.

(2)Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, on the commencement of this Act, be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before that commencement.

(3)The previous service of a person transferred under subsection (1) shall be reckonable for the purposes of, but subject to the exceptions or exclusions in, the following: (a) the Redundancy Payments Acts 1967 to 2007; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Terms of Employment (Information) Acts 1994 and 2001; (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (g) the Unfair Dismissals Acts 1977 to 2007; (h) the Maternity Protection Acts 1994 and 2004; (i) the Parental Leave Acts 1998 and 2006; (j) the Adoptive Leave Acts 1995 and 2005; (k) the Carer’s Leave Act 2001 .

(4)(a) Any superannuation benefits awarded to or in respect of a person transferred under subsection (1), and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the commencement of this Act; (b) For the purposes of the superannuation benefits and the terms and conditions relating to those benefits referred to in paragraph (a) a person transferred under subsection (1) shall, on the commencement of this Act, be deemed to be a member of the Scheme and any previous service of that person as a member of staff of the Office, and in respect of which contributions have been made, shall be reckonable for the purposes of calculating such superannuation benefits.

(5)(a) The pension payments and other superannuation liabilities of the Office in respect of its former members of staff shall, on the commencement of this Act, become the liabilities of the Executive. (b) For the purposes of the pension payments and superannuation liabilities referred to in paragraph (a) any previous service of a former member of staff of the Office as such a member, and in respect of which contributions have been made, shall be reckonable for the purposes of calculating such payments and liabilities, and the terms of the Scheme may be applied when calculating such payments and liabilities in respect of the person.

(6)A person referred to in subsection (1) shall be subject to and employed in accordance with the Health Acts 1947 to 2009.

(7)In this section— “recognised trade union or staff association” means a trade union or staff association recognised by the Executive for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of the persons concerned; “Scheme” shall be construed in accordance with section 23 of the Health Act 2004 .

Records of Office.

10.— Each record held by the Office immediately before the commencement of this Act shall, on that commencement, stand transferred to the Executive and shall, on and after that commencement, be regarded as being held by the Executive.

Final accounts of Office.

11.— (1) As soon as may be, but not more than one year, after the commencement of this Act, the Executive shall cause to be prepared final accounts of the Office in respect of the accounting period or part thereof of the Office ending immediately before that commencement.

(2)Accounts prepared pursuant to this section shall be submitted by the Executive to the Comptroller and Auditor General as soon as may be for audit and, immediately after the audit, a copy of the accounts as so audited and a copy of the Comptroller and Auditor General’s report thereon shall be presented to the Minister who shall cause copies of those accounts and that report to be laid before each House of the Oireachtas.

Final report of Office.

12.— (1) As soon as may be, but not more than one year, after the commencement of this Act, the Executive shall cause to be prepared and shall furnish a final report of the activities of the Office to the Minister in respect of the period that has not already been the subject of a report to the Minister and that ends immediately before the commencement of this Act.

(2)The Minister shall cause copies of the report referred to in subsection (1) to be laid before each House of the Oireachtas.

Repeals.

13.— Part 2 of the Act of 2002 is repealed.

Expenses.

14.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title, commencement and collective citation.

15.— (1) This Act may be cited as the Public Health (Tobacco) (Amendment) Act 2010.

(2)This Act shall come into operation on 1 January 2011.

(3)The Public Health (Tobacco) Acts 2002 to 2009 and this Act may be cited together as the Public Health (Tobacco) Acts 2002 to 2010.

Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.