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rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2002 Competition Act, 2002 Competition Act, 2002 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 14 of 2002 COMPETITION ACT, 2002 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Commencement. 3. Interpretation. PART 2 Competition Rules and Enforcement 4. Anti-competitive agreements, decisions and concerted practices. 5. Abuse of dominant position. 6. Offence in respect of breach of section 4

Article 81(1) of the Treaty.

7. Offence in respect of breach of section 5

Article 82of the Treaty.

1. Penalties and proceedings in relation to offences under sections 6 and
3. Provisions as respects expert evidence.
4. Provision of information to juries.
5. Trial of persons for certain offences by Central Criminal Court.
6. Presumptions.
7. Admissibility of statements contained in certain documents.
8. Right of action for breaches of competition rules.
9. Appeal to High Court against declaration under section 4

acquisition being put into effect.

1. Examination by the Authority of notification.
2. Determination of issues concerned without full investigation, etc.
3. Determination of issues concerned on foot of full investigation.
4. Provisions with regard to media mergers.
5. Appeal to the High Court against determination of the Authority.
6. Laying of

der under section 23

ders.

1. Alteration of certain monetary amounts.
2. Relationship between this Part and other enactments. PART 4 The Competition Authority
3. The Competition Authority.
4. Functions of the Authority.
5. Investigations of the Authority — general provisions.
6. Prohibition on unauthorised disclosure of information.
7. Strategic plans and work programmes.
8. Provisions for co-operation between the Authority and statutory bodies.
9. Membership.
10. Disqualification.
11. Meeting and business.
12. Functions and accountability of chairperson.
13. Staff.
14. Seal of the Authority.
15. Accounts and audits.
16. Annual report.
17. Grants and borrowing powers.
18. Superannuation.
19. Authorised officers and their powers.
20. Relationship of Authority with foreign competition bodies.
21. Information relating to offences under this Act may be disclosed to Authority. PART 5 Miscellaneous
22. Repeals.
23. Restrictive Practices (Groceries)

der,

2. Protections for person reporting breaches of Act.
3. Amendment of Industrial and Provident Societies Act,
5. Regulations and

ders.

1. Expenses.
2. Provision with respect to fees payable under this Act.
3. Saving and transitional provisions. SCHEDULE 1 Statutory Bodies and their responsible Ministers of the Government SCHEDULE 2 Saving and Transitional Provisions SCHEDULE 3 Redress for Contravention of Section 50

ganisation of Working Time Act, 1997 1997, No. 20 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Public Offices Fees Act, 1879 1879, c. 58 Radio and Television Act, 1988 1988, No. 20 Redundancy Payments Acts, 1967 to 1990 Restrictive Practices (Amendment) Act, 1987 1987, No. 31 Terms of Employment (Information) Act, 1994 1994, No. 5 Unfair Dismissals Act, 1977 1977, No. 10 Unfair Dismissals Acts, 1977 to 1993 Number 14 of 2002 COMPETITION ACT, 2002 AN ACT TO MAKE NEW PROVISION, BY ANALOGY WITH ARTICLES 81 AND 82 OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY, AND IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROHIBITION OF ACTIVITIES WHICH PREVENT, RESTRICT

DISTORT COMPETITION IN TRADE IN THE STATE

WHICH CONSTITUTE AN ABUSE OF A DOMINANT POSITION IN SUCH TRADE, TO COMPLEMENT THE POWERS AVAILABLE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES WITH REGARD TO THE ENFORCEMENT OF THE SAID ARTICLES 81 AND 82, TO MAKE NEW PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE CONTROL OF CERTAIN MERGERS

ACQUISITIONS, TO CONTINUE IN BEING THE COMPETITION AUTHORITY AND MAKE NEW PROVISION ABOUT ITS FUNCTIONS, TO REPEAL THE COMPETITION ACTS, 1991 AND 1996, THE MERGERS AND TAKEOVERS (CONTROL) ACTS, 1978 TO 1996, AND CERTAIN OTHER ENACTMENTS, TO AMEND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT, 1893, WITH RESPECT TO THE REQUIREMENTS FOR CERTAIN SPECIAL RESOLUTIONS THEREUNDER, AND TO PROVIDE FOR RELATED MATTERS. [10th April, 2002] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title. 1.—This Act may be cited as the Competition Act, 2002. Commencement. 2.—This Act shall come into operation on such day

days as the Minister may appoint by

der

ders either generally

with reference to any particular purpose

provision and different days may be so appointed for different purposes

different provisions. Interpretation. 3.—

the High Court as appropriate,

, in the case of an appeal, the Circuit Court, the High Court

the Supreme Court as appropriate; “director” includes a person in accordance with whose directions

instructions the directors of the undertaking concerned are accustomed to act but does not include such a person if the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity; “functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties; “Minister” means the Minister for Enterprise, Trade and Employment; “prescribed” means prescribed by regulations made by the Minister under this Act; “publish”, in relation to a matter, includes to place a notice in relation to it in a national newspaper and to post a notice in relation to it on a website maintained by the Authority, any Minister of the Government

a statutory body; “statutory body” means a person specified in column

an unincorporated body of persons engaged for gain in the production, supply

distribution of goods

the provision of a service.

acquisition shall be construed as including references to an agreement (of whatever kind and whether expressed to be in respect of a merger

acquisition

not) being entered into the result of which will, if the agreement is implemented, be that a merger

acquisition occurs.

matters is

are presumed to be fact unless the contrary is shown (as distinct from being presumed to be fact unless

until the contrary is proved) the provision shall be construed as placing on the defendant in the proceedings concerned an evidential burden only with respect to the matter

matters.

Schedule is a reference to a section of,

Schedule to, this Act, unless it is indicated that a reference to some other provision is intended.

subparagraph is a reference to the subsection, paragraph

subparagraph of the provision in which the reference occurs, unless it is indicated that reference to another provision is intended.

adapted by

under any subsequent enactment (including this Act). PART 2 Competition Rules and Enforcement Anti-competitive agreements, decisions and concerted practices. 4.—

effect the prevention, restriction

distortion of competition in trade in any goods

services in the State

in any part of the State are prohibited and void, including in particular, without prejudice to the generality of this subsection, those which— (a) directly

indirectly fix purchase

selling prices

any other trading conditions, (b) limit

control production, markets, technical development

investment, (c) share markets

sources of supply, (

1. d)apply dissimilar conditions to equivalent transactions with other trading parties thereby placing them at a competitive disadvantage, (
2. e)make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which by their nature

according to commercial usage have no connection with the subject of such contracts.

concerted practice shall not be prohibited under subsection

falls within a category of agreements, decisions,

concerted practices the subject of a declaration for the time being in force under subsection

concerted practices complies with the conditions referred to in subsection

concerted practice

category of agreement, decision

concerted practice, having regard to all relevant market conditions, contributes to improving the production

distribution of goods

provision of services

to promoting technical

economic progress, while allowing consumers a fair share of the resulting benefit and does not— (

1. a)impose on the undertakings concerned terms which are not indispensable to the attainment of those objectives, (
2. b)afford undertakings the possibility of eliminating competition in respect of a substantial part of the products

services in question.

concerted practice which contravenes that prohibition and which creates

, but for this Act, would have created legal relations between the parties thereto, from applying, where appropriate, any relevant rules of law as to the severance of those terms of that agreement, decision

concerted practice which contravene that prohibition from those which do not.

concerted practice such as is referred to in subsection

der as to recovery, restitution

otherwise between the parties to such agreement, decision

concerted practice as may in all the circumstances seem just, having regard in particular to any consideration

benefit given

received by such parties on foot thereof.

acquisition in accordance with the provisions of Part 3 of this Act, together with any arrangements constituting restrictions which are directly related and necessary to the implementation of the merger

acquisition and are referred to in the notification of the merger

acquisition under subsection

concerted practice of a kind referred to in subsection

more of the parties to such an agreement, decision

concerted practice.

more undertakings of a dominant position in trade for any goods

services in the State

in any part of the State is prohibited.

indirectly imposing unfair purchase

selling prices

other unfair trading conditions, (b) limiting production, markets

technical development to the prejudice of consumers, (

1. c)applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, (
2. d)making the conclusion of contracts subject to the acceptance by other parties of supplementary obligations which by their nature

according to commercial usage have no connection with the subject of such contracts.

acquisition in accordance with the provisions of Part 3 of this Act, together with any arrangements constituting restrictions which are directly related and necessary to the implementation of the merger

acquisition and are referred to in the notification of the merger

acquisition under subsection

Article 81(1) of the Treaty.

implements, an agreement,

(b) makes

implements a decision,

(c) engages in a concerted practice, that is prohibited by section 4

by Article 81

a concerted practice engaged in by competing undertakings the purpose of which is to— (a) directly

indirectly fix prices with respect to the provision of goods

services to persons not party to the agreement, decision

concerted practice, (b) limit output

sales,

(c) share markets

customers, has as its object the prevention, restriction

distortion of competition in trade in any goods

services in the State

in any part of the State

within the common market, as the case may be, unless the defendant proves otherwise.

concerted practice contravened the prohibition in section 4

concerted practice in question did not contravene that prohibition by virtue of section 4

concerted practice contravened the prohibition in Article 81

concerted practice an exemption granted by the Commission pursuant to Article 81

concerted practice benefited from the terms of an exemption provided for by,

granted under, a regulation made by the Council

the Commission pursuant to that Article 81

(c) the agreement, decision

concerted practice did not contravene that prohibition by virtue of that Article 81

acts concerned was

were done pursuant to a determination made

a direction given by a statutory body.

an employee of an undertaking for the purposes of,

in connection with, the business

affairs of the undertaking shall be regarded as an act done by the undertaking.

are capable of providing goods

services to the same applicable market and, for the purposes of this definition, “applicable market” means a market comprising the provision of goods

services that are regarded by those to whom they are provided as interchangeable with,

substitutable for, each other by reason of the goods'

services' characteristics, prices and intended use

purpose. Offence in respect of breach of section 5

Article 82of the Treaty. 7.—

by Article 82 of the Treaty shall be guilty of an offence.

acts concerned was

were done pursuant to a determination made

a direction given by a statutory body.

an employee of an undertaking for the purposes of,

in connection with, the business

affairs of the undertaking shall be regarded as an act done by the undertaking. Penalties and proceedings in relation to offences under section 6 and 7. 8.—

concerted practice to which subsection

(ii) in the case of an individual, to such a fine

to imprisonment for a term not exceeding 6 months

to both such fine and such imprisonment, (

1. b)on conviction on indictment— (
2. i)in the case of an undertaking that is not an individual, to a fine not exceeding whichever of the following amounts is the greater, namely, €4,000,000

10 per cent of the turnover of the undertaking in the financial year ending in the 12 months prior to the conviction,

(ii) in the case of an individual, to a fine not exceeding whichever of the following amounts is the greater, namely, €4,000,000

10 per cent of the turnover of the individual in the financial year ending in the 12 months prior to the conviction

to imprisonment for a term not exceeding 5 years

to both such fine (that is to say a fine not exceeding the greater of the foregoing monetary amounts) and such imprisonment.

section 7 shall, whether the undertaking is an individual

otherwise, be liable— (a) on summary conviction, to a fine not exceeding €3,000,

(b) on conviction on indictment, to a fine not exceeding whichever of the following amounts is the greater, namely, €4,000,000

10 per cent of the turnover of the undertaking in the financial year ending in the 12 months prior to the conviction.

more days after the date of its first occurrence the undertaking referred to in section 6

7, as the case may be, is guilty of a separate offence under that section for each day that the contravention occurs; but in respect of the second

subsequent offence of which the undertaking is guilty by reason of that continued contravention, subsections

affirms

varies a fine imposed by another court for an offence under section 6

7 in proceedings brought by the Authority, it shall, on the application of the Authority (made before the time of such imposition, affirmation

variation), provide by

der for the payment of the amount of the fine to the Authority and such payment may be enforced by the Authority as if the payment were due to the Authority on foot of a decree

der made by the court in civil proceedings.

recovered by, the Authority under subsection

7 has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised,

consented to, by a person, being a director, manager,

other similar officer of the undertaking,

a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he

she were guilty of the first-mentioned offence.

she was a director of the undertaking concerned

a person employed by it whose duties included making decisions that, to a significant extent, could have affected the management of the undertaking,

a person who purported to act in any such capacity, it shall be presumed, until the contrary is proved, that that person consented to the doing of the acts by the undertaking which constituted the commission by it of the offence concerned under section 6

defaults of a member in connection with his

her functions of management as if he

she were a director of the body corporate.

7 may be brought by the Authority.

not there has been a prosecution for an offence under section 6

7 in relation to the matter concerned and such an action shall not prejudice the initiation of a prosecution for any such offence.

7 may be instituted within 2 years after the day on which the offence was committed.

the provision of services

in respect of duty of excise. Provisions as respects expert evidence. 9.—

experience as respects the matter to which his

her evidence relates shall, subject to subsection

special knowledge that is relevant to the proceedings and, in particular and without prejudice to the generality of the foregoing, the following matters, namely— (a) the effects that types of agreements, decisions

concerted practices may have,

that specific agreements, decisions

concerted practices have had, on competition in trade, (b) an explanation to the court of any relevant economic principles

the application of such principles in practice, where such an explanation would be of assistance to the judge

, as the case may be, jury.

specific kind referred to in the said subsection shall not be admissible in proceedings for an offence under section 6

7

shall be admissible in such proceedings for specified purposes only. Provision of information to juries. 10.—In a trial on indictment of an offence under section 6

7, the trial judge may

der that copies of any

all of the following documents shall be given to the jury in any form that the judge considers appropriate: (

1. a)any document admitted in evidence at the trial, (
2. b)the transcript of the opening speeches of counsel, (
3. c)any charts, diagrams, graphics, schedules

agreed summaries of evidence produced at the trial, (d) the transcript of the whole

any part of the evidence given at the trial, (

1. e)the transcript of the closing speeches of counsel, (
2. f)the transcript of the trial judge's charge to the jury. Trial of persons for certain offences by Central Criminal Court. 11.—A person indicted (whether as a principal

an accessory) for an offence under section 6

7

the offence of attempting to commit such an offence

the offence of conspiracy to commit such an offence shall be tried by the Central Criminal Court. Presumptions. 12.—

criminal, under this Act.

dinarily uses that electronic storage and retrieval system in the course of his

her business.

her powers under section 45 , has removed one

more documents from any place, gives evidence in any proceedings under this Act that, to the best of the authorised officer's knowledge and belief, the material is the property of any person, then the material shall be presumed, unless the contrary is shown, to be the property of that person.

, as the case may be, other activity, carried on by that person, the material shall be presumed, unless the contrary is proved, to be material which relates to that trade, profession,

, as the case may be, other activity, carried on by that person.

electronic form and, for this purpose, “written” includes any form of notation

code whether by hand

otherwise and regardless of the method by which,

medium in

on which, the document concerned is recorded. Admissibility of statements contained in certain documents. 13.—

is

was proposed to be done, by another person, being an act (the “relevant act”) that relates to— (a) the entry into

the making

implementation of an agreement

decision,

the engaging in of a concerted practice, the subject of proceedings under this Act,

(b) the doing of the act

acts that constitute an abuse of a dominant position, the subject of proceedings under this Act, then, subject to the conditions specified in subsection

(b) that the relevant act was done by that other person

was proposed (at the time the statement was made

, as the case may be, at a previous time) to be done by him

her.

abuse of dominant position concerned (whether

not the same act which the other person referred to in that subsection is alleged to have done

proposed to do).

question put by a member

officer of the Authority, a member of the Garda Síochána, an officer of the Commission

an authorised officer relative to any matter the subject of those proceedings.

otherwise.

her credibility as a witness shall be admissible for that purpose, (b) evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him

her in cross-examination as relevant to his

her credibility but of which evidence could not be adduced by the cross-examining party, and (c) evidence tending to prove that that person, whether before

after making the statement, made (whether

ally

not) a statement which is inconsistent with it shall, if not already admissible by virtue of any rule of law

other enactment, be admissible for the purpose of showing that he

she has contradicted himself

herself.

other enactment. Right of action for breaches of competition rules. 14.—

abuse which is prohibited under section 4

5 shall have a right of action under this subsection for relief against either

both of the following, namely— (a) any undertaking which is

has at any material time been a party to such an agreement, decision

concerted practice

has done any act that constituted such an abuse, (b) any director, manager

other officer of such an undertaking,

a person who purported to act in any such capacity, who authorised

consented to, as the case may be, the entry by the undertaking into,

the implementation by it of, the agreement

decision, the engaging by it in the concerted practice

the doing by it of the act that constituted the abuse.

concerted practice

an abuse which is prohibited under section 4

5

by Article 81

82 of the Treaty.

in the High Court.

any of them, may be granted to the plaintiff in an action under subsection

declaration, (b) damages, including exemplary damages.

declaration may be granted to the Authority in an action under subsection

on the application of the Authority, by

der either— (a) require the dominant position to be discontinued unless conditions specified in the

der are complied with,

(b) require the adjustment of the dominant position, in a manner and within a period specified in the

der, by a sale of assets

otherwise as the Court may specify.

a direction given by a statutory body. Appeal to High Court against declaration under section 4

association of undertakings concerned

any other person aggrieved by the making of the particular declaration may appeal to the High Court against the making of a declaration under section 4

such greater period as the High Court may, on application being made to it, specify for the purposes of this subsection in relation to the particular appeal.

annul the declaration concerned.

der provide that, pending the hearing and determination of an appeal under this section in relation to a declaration, the declaration shall not have effect for the purposes of section 4

acquisition occurs if— (a) 2

more undertakings, previously independent of one another, merge,

(b) one

more individuals

other undertakings who

which control one

more undertakings acquire direct

indirect control of the whole

part of one

more other undertakings,

(c) the result of an acquisition by one undertaking (the “first undertaking”) of the assets, including goodwill, (

a substantial part of the assets) of another undertaking (the “second undertaking”) is to place the first undertaking in a position to replace (

substantially to replace) the second undertaking in the business

, as appropriate, the part concerned of the business in which that undertaking was engaged immediately before the acquisition.

any other means,

any combination of securities, contracts

other means, decisive influence is capable of being exercised with regard to the activities of the undertaking and, in particular, by— (a) ownership of,

the right to use all

part of, the assets of an undertaking,

(b) rights

contracts which enable decisive influence to be exercised with regard to the composition, voting

decisions of the

gans of an undertaking.

other undertaking if he

she

it— (a) becomes holder of the rights

contracts,

entitled to use the other means, referred to in subsection

(b) although not becoming such a holder

entitled to use those other means, acquires the power to exercise the rights derived therefrom.

other act done

made.

acquisition shall not be deemed to occur if— (a) the person acquiring control is a receiver

liquidator acting as such

is an underwriter

jobber acting as such,

(b) all of the undertakings involved in the merger

acquisition are, directly

indirectly, under the control of the same undertaking,

(c) control is acquired solely as a result of a testamentary disposition, intestacy

the right of survivorship under a joint tenancy,

(d) control is acquired by an undertaking referred to in subsection

for the account of others.

part of the other undertaking

its assets

securities and not for the purpose of determining the manner in which any activities of the other undertaking, being activities that could affect competition in markets for goods

services in the State, are carried on.

(b) if in a particular case the undertaking shows that it is not reasonably possible to effect the disposal concerned within the period referred to in paragraph (a), within such longer period as the Authority determines and specifies with respect to that case. Application of sections 18 to 22. 17.—Sections 18 to 22 are subject to section 23 (which provides for additional procedures in the case of a media merger). Obligation to notify certain mergers and acquisitions. 18.—

acquisition is agreed

will occur if a public bid that is made is accepted and— (

1. a)in the most recent financial year— (
2. i)the world-wide turnover of each of 2

more of the undertakings involved in the merger

acquisition is not less than €40,000,000, (ii) each of 2

more of the undertakings involved in the merger

acquisition carries on business in any part of the island of Ireland, and (iii) the turnover in the State of any one of the undertakings involved in the merger

acquisition is not less than €40,000,000,

(b) the merger

acquisition falls within a class of merger

acquisition specified in an

der under subsection

acquisition shall notify the Authority in writing of the proposal to put the merger

acquisition into effect, and provide full details thereof, within 1 month after the conclusion of the agreement

the making of the public bid.

the provision of services

in respect of duty of excise, (

1. b)subject to paragraph (
2. c)an undertaking shall not be deemed to be involved in a merger

acquisition by virtue only of its being the vendor of any securities

other property involved in the merger

acquisition, and (c) in relation to a merger

acquisition that will occur by reason of the acquisition concerned being an acquisition referred to in section 16

(b) of subsection

acquisition into effect, be deemed to be involved in the merger

acquisition.

more undertakings agree to a merger

acquisition,

(b) a merger

acquisition will occur if a public bid that is made is accepted, being in either case a merger

acquisition to which subsection

are involved in the merger

acquisition may notify the Authority in writing of the proposal to put the merger

acquisition into effect, and provide full details thereof, within 1 month after the conclusion of the agreement

the making of the public bid.

any other provision of this Act prejudices the operation of Council Regulation (EEC) No. 4064/89 on the control of concentrations between undertakings.

she is of opinion that the exigencies of the common good so warrant, the Minister may, after consultation with the Authority, by

der specify a class

classes of merger

acquisition for the purposes of subsection

der amend

revoke an

der under subsection

a previous

der under this subsection.

der under this section shall have effect on and from the date on which it is made and shall be laid before each House of the Oireachtas as soon as may be after it is made; if a resolution confirming the

der is not passed by each such House within the next 21 days after that House has sat after the

der is laid before it, the

der shall lapse, but without prejudice to the validity of anything previously done thereunder.

section 20

failed to supply the information required within the period specified by the Authority, as the case may be, shall be guilty of an offence and shall, subject to subsection

more days after the date of its first occurrence, the person referred to in that subsection is guilty of a separate offence under that subsection for each day that the contravention occurs; but in respect of the second

subsequent offence of which he

she is guilty by reason of that continued contravention, subsection

permits the contravention, (b) in the case of a partnership, each partner who knowingly and wilfully authorises

permits the contravention, (c) in the case of any other form of undertaking, any individual in control of that undertaking who knowingly and wilfully authorises

permits the contravention.

statement made under subsection

section 20

misleading in a material respect, and any determination under this Part made on foot of such notification is void.

acquisition concerned.

acquisition, the subject of the notification, shall be deemed to be the date of the notification for the purposes of this Act. Limitation on merger

acquisition being put into effect. 19.—

acquisition to which paragraph (a)

(b) of section 18

which is referred to in subsection

22 , has determined that the merger

acquisition may be put into effect,

(b) the Authority has made a conditional determination in relation to the merger

acquisition,

(c) subject to subsection

(b) of that subsection

(d) subject to subsection

acquisition, whichever first occurs.

acquisition which purports to be put into effect, where that putting into effect contravenes subsection

acquisition concerned to be put into effect if the merger

acquisition is not put into effect before the expiry of the period of 12 months after the date on which the determination is made.

acquisition concerned to be put into effect if the merger

acquisition is not put into effect before the expiry of the period of 13 months after the appropriate date.

acquisition concerned to be put into effect if the merger

acquisition is not put into effect before the expiry of the period of 16 months after the appropriate date.

acquisition concerned under section 18 , (b) if the Authority has, under section 20

acquisition concerned under section 18 , a requirement

requirements of one

more of the undertakings concerned— (i) the date on which the requirement is complied with

, in case 2

more requirements are made and each is complied with, whichever of the dates on which the requirements are complied with is the later

latest, (ii) where the requirement is not complied with

each of the 2

more requirements is not complied with, the date immediately following the expiry of the period specified in the requirement

, as the case may be, the date immediately following the expiry of whichever of the respective periods specified in the requirements is the last to expire,

(iii) in case 2

more requirements are made but one

more but not all of them are complied with, the later

latest of the following dates, namely the dates provided by applying— (I) subparagraph (i) to the requirement

requirements complied with, and (II) subparagraph (ii) to the requirement

requirements not complied with.

latest of the dates on which a notification of the merger

acquisition concerned under section 18 is received by the Authority.

acquisition are such that the Authority considers it would not be in the public interest to comply with this paragraph— (

1. i)cause a notice of the notification to be published within 7 days after the date of receipt of it, (
2. ii)consider all submissions made, whether in writing

ally, by the undertakings involved in the merger

acquisition

by any individual

any other undertaking, (b) may enter into discussions with the undertakings involved in the merger

acquisition

with any individual

any other undertaking with a view to identifying measures which would ameliorate any effects of the merger

acquisition on competition in markets for goods

services, and (c) shall form a view as to whether the result of the merger

acquisition would be to substantially lessen competition in markets for goods

services in the State.

der to consider for the purposes of this Part a merger

acquisition, it requires further information it may, by notice in writing served on the undertaking, require any one

more of the undertakings concerned to supply to it within a specified period specified information, and an undertaking of whom such a requirement is made shall comply with it.

acquisition concerned may submit to the Authority proposals of the kind mentioned in subsection

them if the Authority takes the proposals into account and states in writing that the proposals form the basis

part of the basis of its determination under section 21

22 in relation to the merger

acquisition.

acquisition may be put into effect

to the taking, in relation to the merger

acquisition, of any other measures referred to in subsection

any other undertaking from whom a submission concerning the notification was received of whichever of the following determinations it has made, namely— (a) that, in its opinion, the result of the merger

acquisition will not be to substantially lessen competition in markets for goods

services in the State and, accordingly, that the merger

acquisition may be put into effect,

(b) that it intends to carry out an investigation under section 22 in relation to the merger

acquisition.

(b) of subsection

acquisition concerned.

acquisition concerned, the Authority shall make whichever of the following determinations it considers appropriate, namely that the merger

acquisition— (

1. a)may be put into effect, (
2. b)may not be put into effect,

(c) may be put into effect subject to conditions specified by it being complied with, on the ground that the result of the merger

acquisition will

will not, as the case may be, be to substantially lessen competition in markets for goods

services in the State

, as appropriate, will not be to substantially lessen such competition if conditions so specified are complied with.

acquisition may be put into effect subject to specified conditions being complied with is referred to in this section as a “conditional determination”.

acquisition to be put into effect within 12 months after the making of the determination.

(c) of subsection

der provide— (

1. a)that the merger may be put into effect, (
2. b)that the merger may be put into effect subject to specified conditions being complied with,

(c) that the merger may not be put into effect.

her making such an

der within 2 weeks after the date on which the

der is made.

observations from persons claiming to be interested in the matter as the Minister thinks proper.

acquisition, the Authority shall, in dealing with a merger

acquisition under that section that is a media merger, form an opinion as to how the application of the relevant criteria should affect the exercise by the Minister of his

her powers under subsection

der under subsection

has stated in writing that he

she does not propose making such an

der in relation to the merger.

relayed by means of wireless telegraphy, a cable system

a multipoint microwave distribution system, a satellite device

any other transmission system, directly

indirectly for reception by the general public, whether that material is actually received

not, and includes a sound broadcasting service within the meaning of the Radio and Television Act, 1988 , but does not include any such service (whether involving audio-visual material

audio material) that is provided by means of the system commonly known as the Internet; “cable system” has the same meaning as it has in the Broadcasting Act, 2001 ; “media business” means— (a) a business of the publication of newspapers

periodicals consisting substantially of news and comment on current affairs, (b) a business of providing a broadcasting service,

(c) a business of providing a broadcasting services platform; “media merger” means a merger

acquisition in which one

more of the undertakings involved carries on a media business in the State; “programme material” has the same meaning as it has in the Broadcasting Act, 2001 ; “providing a broadcasting service” shall be construed in accordance with subsection

control of media businesses in the State is spread amongst individuals and other undertakings, (

1. c)the extent to which ownership and control of particular types of media business in the State is spread amongst individuals and other undertakings, (
2. d)the extent to which the diversity of views prevalent in Irish society is reflected through the activities of the various media businesses in the State, and (
3. e)the share in the market in the State of one

more of the types of business activity falling within the definition of “media business” in this subsection that is held by any of the undertakings involved in the media merger concerned,

by any individual

other undertaking who

which has an interest in such an undertaking.

both of the following: (a) supplying a compilation of programme material for the purpose of its being transmitted

relayed as a broadcasting service, (b) transmitting

relaying as a broadcasting service programme material.

re-transmitting of programme material by means of wireless telegraphy, a cable system

a multipoint microwave distribution system, a satellite device

any other transmission system. Appeal to the High Court against determination of the Authority. 24.—

(c) of section 22

acquisition concerned, and (b) shall be made within 1 month after the date on which the undertaking is informed by the Authority of the determination concerned

, in case the determination is one in relation to a media merger, after the expiry of the period specified in section 23

law concerning the determination concerned may be the subject of an appeal under this section but, with respect to an issue of fact, the High Court, on the hearing of the appeal, may not receive evidence by way of testimony of any witness and shall presume, unless it considers it unreasonable to do so, that any matters accepted

found to be fact by the Authority in exercising the relevant powers under section 22 were correctly so accepted

found.

more witnesses if it considers it was unreasonable for the Authority to have accepted

found as a fact any matter concerned.

(c) confirm the determination concerned subject to such modifications of it as the court determines and specifies in its decision.

shall, where the operation of section 25

der under section 23

der under section 23

der under section 23

der is passed by either such House within the next 21 days on which that House has sat after the

der is laid before it, the

der shall be annulled accordingly.

der under section 23

ders. 26.—

22 ; “

der” means an

der made by the Minister under section 23

of any other person to enforce compliance with the terms of a commitment, a determination

an

der, for the time being in force.

other person to bring proceedings (whether civil

criminal) for the enforcement of compliance with the terms of a commitment, a determination

an

der.

omission) a provision of a commitment, a determination

an

der for the time being in force shall be guilty of an offence and shall be liable— (a) on summary conviction, to a fine not exceeding €3,000

to imprisonment for a term not exceeding 6 months

to both such fine and such imprisonment,

(b) on conviction on indictment, to a fine not exceeding €10,000

to imprisonment for a term not exceeding 2 years

to both such fine and such imprisonment.

assists another person,

conspires with another person, to do anything (whether by way of act

of omission) the doing of which is an offence by virtue of subsection

herself be guilty of an offence under this section and shall be liable to be proceeded against and punished as if he

she were guilty of the first-mentioned offence.

by a person purporting to act on behalf of a body corporate

an unincorporated body of persons is proved to have been so committed with the consent

connivance of,

to be attributable to any neglect on the part of, any person who is a director, manager, secretary, member of the committee of management

other controlling authority of any such body,

who is any other similar officer of any such body, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he

she was guilty of the first-mentioned offence.

more days after the date of its first occurrence, the person referred to in the subsection concerned is guilty of a separate offence under that subsection for each day that the contravention occurs; but in respect of the second

subsequent offence of which he

she is guilty by reason of that continued contravention, subsection

der once, and once only, in each year, beginning with the year following the year in which this section is commenced, amending subsection

(iii) of that provision for the time being a monetary amount that is greater than that amount.

der under subsection

der under this section shall have effect on and from the date on which it is made and shall be laid before each House of the Oireachtas as soon as may be after it is made; if a resolution confirming the

der is not passed by each such House within the next 21 days after that House has sat after the

der is laid before it, the

der shall lapse, but without prejudice to the validity of anything previously done thereunder. Relationship between this Part and other enactments. 28.—

acts that comprise a merger

acquisition to which paragraph (a)

(b) of section 18

those acts to be either— (a) sanctioned, whether such sanctioning takes the form of the making by a court of an

der

the granting by a person of any other form of consent,

(b) the subject of any form of registration of a resolution passed by one

more undertakings.

completed in relation to a merger

acquisition to which paragraph (a)

(b) of section 18

power of any person

court

of either House of the Oireachtas remains to be exercised, under this Part, being a step

power the taking

exercising of which would, by virtue of this Part, prevent the merger

acquisition from being put into effect. PART 4 The Competition Authority The Competition Authority. 29.—

an interest in

rights over

in respect of land

any other property.

of any other enactment, the following functions: (a) to study and analyse any practice

method of competition affecting the supply and distribution of goods

the provision of services

any other matter relating to competition (which may consist of,

include, a study

analysis of any development outside the State); (b) to carry out an investigation, either on its own initiative

in response to a complaint made to it by any person, into any breach of this Act that may be occurring

has occurred; (

1. c)to advise the Government, Ministers of the Government and Ministers of State concerning the implications for competition in markets for goods and services of proposals for legislation (including any instruments to be made under any enactment); (
2. d)to publish notices containing practical guidance as to how the provisions of this Act may be complied with; (
3. e)to advise public authorities generally on issues concerning competition which may arise in the performance of their functions; (
4. f)to identify and comment on constraints imposed by any enactment

administrative practice on the operation of competition in the economy; (g) to carry on such activities as it considers appropriate so as to inform the public about issues concerning competition.

analysis of any practice

method of competition affecting the supply and distribution of goods

the provision of services

any other matter relating to competition and submit a report to the Minister in relation to the study

analysis; the Authority shall comply with such a request within such period as the Minister may specify in the request.

any other enactment to any member of the Authority

to any member of its staff.

7, for relief under section 14

for an offence under section 26 , (

1. c)the power to make determinations under section 22 , (
2. d)functions under sections 33, 39, 42 and 43. Investigations of the Authority — general provisions. 31.—

any of the following things: (

1. a)summon witnesses to attend before it, (
2. b)examine on oath (which the Authority,

any member of staff of the Authority duly authorised by the Authority, is by this section authorised to administer) the witnesses attending before it, (c) require any such witness to produce to the Authority any document in his

her power

control.

she were a witness before the High Court.

(b) being in attendance as a witness refuses to take an oath legally required by the Authority to be taken,

to produce any document in his

her power

control legally required by the Authority to be produced by him

her,

to answer any question to which the Authority may legally require an answer,

(c) does any other thing which, if the Authority were a court having power to commit for contempt of court, would be contempt of such court, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000

to imprisonment for a term not exceeding 6 months

to both such fine and such imprisonment. Prohibition on unauthorised disclosure of information. 32.—

(b) comes into the possession of the Authority in the course of a meeting of the Authority held in private at which he

she is present.

an authorised officer in the performance of any of his

her functions under this Act, being a communication the making of which was necessary for the performance by the member

officer of any such function,

(b) the disclosure of information in a report of the Authority

for the purpose of legal proceedings under this Act

pursuant to an

der of a court of competent jurisdiction for the purposes of any proceedings in that court,

(c) the disclosure by a member of the Authority, a member of staff of the Authority

an authorised officer to any member of the Garda Síochána of information which, in the opinion of the member

member of staff of the Authority

authorised officer, may relate to the commission of an offence (whether an offence under this Act

not).

she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000

to imprisonment for a term not exceeding 6 months

to both such fine and such imprisonment.

harm as a result of a contravention of subsection

more than one as appropriate, of the following reliefs in respect of that loss

harm: (a) relief by way of injunction

declaration, (b) damages.

a member of staff of the Authority

an authorised officer, that person, (b) if the person who contravened subsection

a member of staff of the Authority

an authorised officer and the relief sought,

to the extent that the relief sought, in the proceedings is— (i) relief referred to in subsection

by the Authority, any member of the Authority

any member of staff of the Authority as any Minister of the Government. Strategic plans and work programmes. 33.—

her under subsection

more agreements for the purposes of— (

1. a)facilitating co-operation between the Authority and the statutory bodies in the performance of their respective functions in so far as they relate to issues of competition between undertakings, (
2. b)avoiding duplication of activities by the Authority and any of the statutory bodies, being activities involving the determination of the effects on competition of any act done,

proposed to be done, and (c) ensuring, as far as practicable, consistency between decisions made

other steps taken by the Authority and the statutory bodies in so far as any part of those decisions

steps consists of

relates to a determination of any issue of competition between undertakings, and each such agreement that is entered into is referred to in this section as a “co-operation agreement”.

fall within the same category of such an issue, being a category specified in the agreement.

Ministers shall, within 6 months after the commencement of this section, each be furnished by one of the parties concerned with a copy of every co-operation agreement that has been entered into.

any variation made to it, shall be in writing and, as soon as practicable after the making of the agreement

variation, notice of its making shall be published by the parties in such manner as they think fit.

by such means as is specified in the notice and that a copy of the agreement may be purchased from the parties in such manner as is so specified (and a copy of the agreement shall, accordingly, be made available for such inspection and be made available for such purchase (at a cost not exceeding the reasonable cost of making a copy

, where appropriate, such cost and the amount of any postage involved)).

a statutory body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.

der— (a) amend column

deleting from, that column any person, and (b) in consequence of that amendment, amend column

deleting from, that column the title of a Minister of the Government, being the Minister of the Government who has responsibility for the first-mentioned person.

sectors of activity in relation to which the Authority

the statutory body may exercise powers and such an issue that falls,

could fall, to be the subject of the exercise by the Authority

the statutory body of powers in particular circumstances; “party” means a party to a co-operation agreement and a reference to another party (whether that expression

the expression “the other party” is used) shall, where there are 2

more other parties to the agreement, be construed as a reference to one

more of those other parties

each of them, as appropriate; “relevant Minister” means the Minister of the Government specified in column

her duties, a whole-time member appointed by the Minister, for all

part of that period of inability, to act in that member's place, and (c) such number of part-time members as the Minister may determine and appoint.

her duties, the Minister may authorise another whole-time member to act, for all

part of that period of inability, in the chairperson's place and for so long as such a member is so authorised references in this Act to the chairperson of the Authority shall be construed as including references to that member.

(c) of subsection

the reappointment under that subsection of a person as a member of the Authority (including a person who was such a member immediately before the commencement of this section).

(c) of subsection

experience of one

more of the following areas, namely — law, economics, public administration, consumer affairs,

business generally.

her and shall not exceed 5 years.

she shall inform the Minister accordingly and shall not act as a member during the consideration of the matter.

her duties as such member

whose removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the Authority.

she shall lay before each House of the Oireachtas a statement in writing of the reasons for such removal.

her office. Disqualification. 36.—

(b) elected as a member of either House of the Oireachtas

of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament, he

she shall thereupon cease to be a member of the Authority.

ders of either House of the Oireachtas to sit therein,

(b) under the rules of procedures of the European Parliament to sit therein, shall, while so entitled, be disqualified from being a member of the Authority.

she is adjudicated bankrupt

makes a composition

arrangement with his

her creditors,

is sentenced by a court of competent jurisdiction to suffer any term of imprisonment. Meetings and business. 37.—

if the office of chairperson is vacant, the members of the Authority who are present shall choose one of their number to be chairperson of the meeting.

casting vote.

ders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that committee on— (a) the regularity and propriety of the transactions recorded

required to be recorded in any book

other record of account subject to audit by the Comptroller and Auditor General which the chairperson

the Authority is required by

under statute to prepare, (

1. b)the economy and efficiency of the Authority in the use of its resources, (
2. c)the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (
3. d)any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11

in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b)

(c)) that is laid before Dáil Éireann.

express an opinion on the merits of any policy of the Government

a Minister of the Government

on the merits of the objectives of such a policy.

(b) a committee appointed jointly by both Houses of the Oireachtas, the business of which committee includes examination of such policy, attend before such committee to discuss the general activities of the Authority. Staff. 39.—

her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

her office

employment on such other terms and conditions, as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

some other member of the Authority authorised by it to act on its behalf and by the signature of an officer of the Authority authorised by it to act in that behalf.

other records of account of— (

1. a)all income and expenditure of the Authority, (
2. b)the sources of such income and the subject matter of such expenditure, and (
3. c)the property, assets and liabilities of the Authority, and shall keep such other special accounts as the Minister may from time to time direct to be kept.

other records of account of the Authority in respect of any financial year

other period and shall facilitate any such examination, and the Authority shall pay such fee therefor as may be fixed by the Minister.

schemes for the granting of superannuation benefits to

in respect of the members of the Authority and the members of staff of the Authority as he

she may think fit.

schemes amending

revoking a scheme under this section.

in respect of any member of the Authority

any member of the staff of the Authority otherwise than in accordance with a scheme under this section

, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.

the amount of, any superannuation benefit payable in pursuance of a scheme

schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

revoked accordingly.

other allowance payable on resignation, retirement

death. Authorised officers and their powers. 45.—

her to exercise one

more specified powers under subsection

those powers.

vehicles in

by means of, which any activity in connection with the business of supplying

distributing goods

providing a service,

in connection with the

ganisation

assistance of persons engaged in any such business, is carried on, (b) to enter, if necessary by force, and search any dwelling occupied by a director, manager

any member of staff of an undertaking that carries on an activity referred to in paragraph (a)

of an association of undertakings that carry on activities of the kind referred to in that paragraph, being, in either case, a dwelling as respects which there are reasonable grounds to believe records relating to the carrying on of that activity

those activities are being kept in it, (

1. c)to seize and retain any books, documents and records relating to an activity referred to in paragraph (
2. a)found on any premises, vehicles

dwelling referred to in that paragraph

paragraph (b) and take any other steps which appear to the officer to be necessary for preserving,

preventing interference with, such books, documents and records, (

1. d)to require the person who carries on an activity referred to in paragraph (
2. a)and any person employed in connection therewith to— (
3. i)give to the officer his

her name, home address and occupation, and (ii) provide to the officer any books, documents

records relating to that activity which are in that person's power

control, and to give to the officer such information as he

she may reasonably require in regard to any entries in such books, documents

records, (e) to inspect and copy

take extracts from any such books, documents and records, (

1. f)to require a person mentioned in paragraph (
2. d)to give to the authorised officer any information he

she may require in regard to the persons carrying on the activity referred to in paragraph (a) (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management

other controlling authority)

employed in connection therewith, (

1. g)to require a person mentioned in paragraph (
2. d)to give to the authorised officer any other information which the officer may reasonably require in regard to the activity referred to in paragraph (a).

such greater

lesser period as is specified in it.

records which are seized

obtained under subsection

such longer period as may be permitted by a judge of the District Court,

if within that period there are commenced any proceedings to which those books, documents

records are relevant, until the conclusion of those proceedings.

an authorised officer proposes to retain, pursuant to subsection

records for a period longer than 14 days after the date on which they were seized

obtained by the authorised officer, the Authority

that officer shall, before the expiry of that period of 14 days,

such longer period with the consent of the person hereafter mentioned, furnish, on request, a copy of the books, documents

records to the person who it appears to the Authority

officer is, but for the exercise of the powers under this section, entitled to possession of them.

(b) of subsection

more members of the Garda Síochána to accompany the authorised officer concerned in his

her entry into any premises

dwelling concerned and to assist the officer in the exercise of any of his

her powers thereon.

she could exercise by virtue of subsection

otherwise.

impedes an authorised officer in the exercise of a power conferred by this section

does not comply with a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000

imprisonment for a term not exceeding 6 months

to both such fine and such imprisonment.

other devices in which information, sounds

signals are embodied so as to be capable (with

without the aid of some other instrument) of being reproduced in legible

audible form, (b) films, tapes

other devices in which visual images are embodied so as to be capable (with

without the aid of some other instrument) of being reproduced in visual form, and (

1. c)photographs, and a reference to a copy of records includes, in the case of records falling within paragraph (
2. a)only, a transcript of the sounds

signals embodied therein, in the case of records falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of records falling within both of those paragraphs, such a transcript and such a still reproduction.

criminal) in relation to, any contravention of an enactment repealed by section 48 that it suspects has occurred.

(b) proceedings for an offence under this Act, the production to the court of a document purporting to be a warrant

other document whereby the Authority appointed, on a specified date, a person under this section to be an authorised officer for the purposes of this Act shall, without proof of any signature on it

that the signatory was the proper person to sign it, be sufficient evidence, until the contrary is proved, that the first-mentioned person is

, as the case may be, was at all material times (but not earlier than the date aforesaid) a person appointed under this section to be an authorised officer for the purposes of this Act. Relationship of Authority with foreign competition bodies. 46.—

the administration of provisions of that state's law concerning competition between undertakings (whether in a particular sector of that state's economy

throughout that economy generally).

(c) such other person as may be prescribed after consultation by the Minister with any other Minister of the Government appearing to him

her to be concerned, may relate to the commission of an offence under this Act may be disclosed by that Director, member

other person to the Authority, a member

a member of staff of the Authority

an authorised officer. PART 5 Miscellaneous Repeals. 48.—The following are repealed: (

1. a)the Industrial and Provident Societies (Amendment) Act, 1971 , (
2. b)the Mergers, Take-overs and Monopolies (Control) Act, 1978 , (
3. c)sections 24 , 25 and 26 of the Restrictive Practices (Amendment) Act, 1987 , (
4. d)the Competition Act, 1991 , and (
5. e)the Competition (Amendment) Act, 1996 . Restrictive Practices (Groceries)

der, 1987. 49.—The Minister may, by

der, amend

revoke the Restrictive Practices (Groceries)

der, 1987 ( S.I. No. 142 of 1987 ). Protections for person reporting breaches of Act. 50.—

otherwise, by him

her to the Authority of his

her opinion that— (a) an offence under section 6

7 has been

is being committed,

(b) any other provision of this Act that prohibits an undertaking from doing a particular thing

things has not been

is not being complied with, unless it is proved that he

she has not acted reasonably and in good faith in forming that opinion and communicating it to the Authority.

der providing for any other form of relief.

otherwise, to the Authority if the employee has acted reasonably and in good faith in forming that opinion and communicating it to the Authority.

is committing an offence under section 6

7

has failed

is failing to comply with a provision of this Act referred to in subsection

to imprisonment for a term not exceeding 6 months

to both such fine and such imprisonment.

, if later, 2 years after the day on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person's knowledge.

on behalf of the person bringing the proceedings as to the day on which the evidence referred to in that subsection relating to the offence concerned came to his

her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

defence available in legal proceedings, by virtue of any enactment

rule of law in force immediately before the commencement of this section, in respect of the communication by a person to another (whether that other person is the Authority

not) of an opinion of the kind referred to in paragraph (a)

(b) of subsection

ders. 52.—

to be prescribed.

der under this Act (other than an

der under section 2 , subsection

section 27

der is passed by either such House within the next 21 days on which that House has sat after the regulation

der is laid before it, the regulation

der shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses. 53.—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. Provision with respect to fees payable under this Act. 54.—The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act. Saving and transitional provisions. 55.— Schedule 2 shall have effect for the purposes of this Act. SCHEDULE 1 Section 3. Statutory Bodies and their responsible Ministers of the Government Statutory body Minister of the Government responsible

she was appointed, unless he

she sooner dies

resigns from office

otherwise ceases to hold office. Transfer of certain staff 2.

der for the purposes of this paragraph shall, on the day of such designation, be transferred to, and become a member of, the staff of the Authority.

der under subparagraph

staff associations concerned and the Authority of his

her intention to do so and considering any representations made by them

any of them in relation to the matter within such time as ma