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Competition (Amendment) Act 2010

In short

This law, the Competition (Amendment) Act 2010, modifies the Competition Act 2002. It primarily focuses on the process of appointing members to the Authority, particularly when a vacancy arises.

What it regulates

  • The appointment of new members to the Authority when a vacancy occurs.
  • The qualifications required for individuals to be appointed as members of the Authority.
  • The duration of temporary appointments to the Authority.
  • The eligibility of temporarily appointed members for full appointments.

Who it concerns

  • The Minister responsible for appointments to the Authority.
  • Individuals who may be appointed as members of the Authority.

Key points

  • The Minister can appoint a person to fill a vacancy on the Authority if a member dies, retires, resigns, or otherwise ceases to be a member.
  • Appointments to the Authority require the person to possess sufficient expertise in law, economics, public administration, consumer affairs, or business generally.
  • A person appointed to fill a vacancy temporarily will hold office for a period not exceeding 6 months, which can be extended for further periods not exceeding 6 months in aggregate.
  • A person appointed temporarily is eligible for a full appointment unless they were removed from office.
Legal text
Legal text

Competition (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.

  1. 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.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2010 Competition (Amendment) Act 2010 Competition (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 12 of 2010 COMPETITION (AMENDMENT) ACT 2010 ARRANGEMENT OF SECTIONS Section 1. Definition. 2. Amendment of section 35 of Principal Act. 3. Short title and collective citation. Acts Referred to Competition Act 2002 2002, No. 14 Competition Acts 2002 and 2006 Number 12 of 2010 COMPETITION (AMENDMENT) ACT 2010 AN ACT TO AMEND THE COMPETITION ACT 2002; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [19th June, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definition. 1.— In this Act “Principal Act” means the Competition Act 2002 . Amendment of section 35 of Principal Act. 2.— Section 35 of the Principal Act is amended by— (
  4. a)the insertion of the following subsection after subsection

(2): “(2A) (a) If a member of the Authority dies, retires, resigns, ceases to be qualified for office and ceases to hold office, is removed from office or otherwise ceases to be a member of the Authority, the Minister may, subject to subsections
(4)and
(5)(inserted by section 2 of the Competition (Amendment) Act 2010), appoint a person to be a member of the Authority to fill the vacancy so occasioned. (
  1. b)Paragraph (
  2. a)shall not operate to prevent the appointment of a person to be a member of the Authority under subsection
(1)(
  1. a)to fill a vacancy occasioned by any of the circumstances referred to in the said paragraph (a).”, (
  2. b)the substitution of the following subsection for subsection
(4): “
(4)Subsection
(3)does not apply to— (
  1. a)an appointment under paragraph (
  2. b)or (
  3. c)of subsection
(1)or the reappointment under that subsection of a person as a member of the Authority (including a person who was a member of the Authority immediately before the passing of the Competition (Amendment) Act 2010), or (
  1. b)an appointment under subsection (2A) (inserted by paragraph (
  2. a)of section 2 of the Competition (Amendment) Act 2010) of a person as a member of the Authority.”, (
  3. c)the substitution of the following subsection for subsection
(5): “
(5)An appointment under paragraph (
  1. b)or (
  2. c)of subsection
(1)or subsection (2A) shall not be made unless the person who the Minister proposes to appoint possesses, in the opinion of the Minister, sufficient expertise in, or experience of, one or more of the following areas, namely, law, economics, public administration, consumer affairs, or business generally.”, (d) the insertion of the following subsections after subsection
(6): “(6A) Notwithstanding subsection
(6), a person appointed to be a member of the Authority under subsection (2A) shall, subject to subsection (6B) (inserted by paragraph (
  1. d)of section 2 of the Competition (Amendment) Act 2010), hold office for such period not exceeding 6 months as the Minister may determine commencing on the date of his or her appointment. (6B) The Minister may extend a period of appointment under subsection (6A) for— (
  2. a)such period not exceeding 6 months as he or she may determine, or (
  3. b)such periods, the aggregate of which shall not exceed 6 months, as he or she may determine.”, and (
  4. e)the insertion of the following subsection after subsection
(7): “(7A) A person appointed to be a member of the Authority under subsection (2A) shall, subject to section 36, be eligible to be appointed to be a member of the Authority under subsection
(1), upon the expiration of— (
  1. a)the period referred to in subsection (6A), or (
  2. b)that period as extended under subsection (6B), as may be appropriate, unless he or she was removed from office pursuant to subsection
(12).”. Short title and collective citation. 3.—
(1)This Act may be cited as the Competition (Amendment) Act 2010.
(2)The Competition Acts 2002 and 2006 and this Act may be cited together as the Competition 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.