The HSA

Safety, Health and Welfare at Work Act 2005

PART 5

The Authority

Chapter 1

The Authority

Continuance in being of Authority.

32.—(1) Notwithstanding the repeal of the Act of 1989 by section 4—

(a) the National Authority for Occupational Safety and Health shall continue in being and shall from the commencement of this Act be known as the Health and Safety Authority (and in this Act referred to as the “Authority”), and

(b) anything commenced but not completed before the commencement of that section by the Authority may be carried on and completed by it after such commencement as if that Act had not been repealed.

(2) Where, immediately before the commencement of section 4, any legal proceedings are pending to which the National Authority for Occupational Safety and Health is a party, the name of the Authority shall be substituted in the proceedings for that of the National Authority for Occupational Safety and Health and the proceedings shall not abate by reason of such substitution.

(3) The Authority shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) Schedule 5 applies to the Authority.

Annotations:

Modifications (not altering text):

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Minister may prescribe persons to perform certain functions.

33.—(1) Subject to section 34, the Minister, with the consent of the Minister for Finance, and after consultation with any other Minister of the Government that the Minister considers appropriate, may prescribe persons to perform such functions in lieu of the Authority in respect of the implementation of any of the relevant statutory provisions, and to the extent as may be prescribed.

(2) A person prescribed under this section shall, in accordance with any guidelines given to the person by the Authority—

(a) make adequate arrangements for the performance of functions to the extent prescribed under subsection (1),

(b) perform any other functions conferred on the person by any of the relevant statutory provisions, and

(c) furnish to the Authority an annual report in accordance with subsection (3) and such other reports and information relating to his or her functions and activities under this Act, or as prescribed, as the Authority may from time to time require.

(3) As soon as practicable but in any case not later than 2 months after the end of each year, a person prescribed under this section shall prepare and submit a report (in this section referred to as the “annual report”) to the appropriate Minister referred to in subsection (1) and to the Authority.

(4) The annual report shall be in the form that the Authority may direct and shall include—

(a) information on the performance of the person concerned of his or her functions and activities under this Act or as prescribed, and

(b) any other information that the person considers appropriate or as the Minister may require.

Annotations:

Modifications (not altering text):

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Transfer of accreditation from Forfás

33A.—The powers and functions vested in Forfás by section 9 of the Act of 1993, in so far as they are for the purposes of and relate to accreditation, are transferred to the Authority.]

Annotations:

Amendments:

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 29, S.I. No. 304 of 2014.

Functions of Authority.

34.—(1) The general functions of the Authority are—

(a) to promote, encourage and foster the prevention of accidents, dangerous occurrences and personal injury at work in accordance with the relevant statutory provisions,

(b) to promote, encourage, foster and provide education and training in the safety, health and welfare of persons at work,

(c) to encourage and foster measures promoting the safety, health and welfare of persons at work,

(d) subject to subsection (2) and section 33, to make adequate arrangements for the enforcement of the relevant statutory provisions,

F9[(dd) to perform the functions conferred on the Authority by the Chemicals Act 2008, ]

F10[(de) in relation to accreditation—

(i) to carry out accreditation in accordance with—

(I) the powers and functions transferred to it by section 33A (inserted by section 29 of the Industrial Development (Forfás Dissolution) Act 2014), and

(II) the Accreditation Regulation,

(ii) to establish such procedures for the operation of accreditation as it considers appropriate including procedures for monitoring, inspecting and auditing conformity assessment bodies, and

(iii) to make any arrangements that it considers appropriate for providing information and advice on matters relating to accreditation,]

(e) to monitor, evaluate and make recommendations to the Minister regarding implementation of and compliance with—

(i) the relevant statutory provisions, and

(ii) best practice relating to safety, health and welfare at work, and the review and maintenance of relevant records by employers,

(f) to promote, encourage and foster co-operation with and between persons or bodies of persons that represent employees and employers and any other persons or bodies of persons, as appropriate, as regards the prevention of risks to safety, health and welfare at work in accordance with the relevant statutory provisions,

(g) to make any arrangements that it considers appropriate for providing information and advice on matters relating to safety, health and welfare at work,

(h) to make any arrangements that it considers appropriate to conduct, commission, promote, support and evaluate research, surveys and studies on matters relating to the functions of the Authority and for this purpose—

(i) to foster and promote contacts and the exchange of information with other persons or bodies of persons involved in safety, health and welfare at work in and outside the State, and

(ii) as it considers appropriate, to publish in the form and manner that the Authority thinks fit, results arising out of such research, studies and surveys,

(i) in accordance with section 43, to prepare and adopt a strategy statement and to monitor its implementation,

(j) in accordance with section 44, to prepare and adopt a work programme,

F11[(k) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), that the Minister may from time to time give to the Authority,]

(l) to give to the Minister any information relating to the performance of its functions that the Minister may from time to time require, and

(m) to perform any additional functions conferred on the Authority by order under section 35.

(2) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may make agreements with—

(a) any Minister of the Government, or other person, for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions, or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) any functions that may appropriately be performed by the Authority in connection with its functions under this Act.

F12[(2A) The functions of the Authority referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) of subsection (1) are delegated to the Accreditation Board and subject to this Act, shall be performed on behalf of the Authority by the Accreditation Board.]

(3) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.

(4) The Authority may perform any of its functions through or by the Chief Executive or any other member of staff of the Authority duly authorised by the Authority to act in that behalf.

Annotations:

Amendments:

Inserted (15.07.2008) by Chemicals Act 2008 (13/2008), s. 37(a), S.I. No. 273 of 2008.

F10

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 30(a)(i), S.I. No. 304 of 2014.

F11

Substituted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 30(a)(ii), S.I. No. 304 of 2014.

F12

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 30(b), S.I. No. 304 of 2014.

Modifications (not altering text):

Functions in relation to subs. (2) transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Editorial Notes:

E17

Additional functions are conferred on the Health and Safety Authority by:

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

• European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (S.I No. 349 of 2011)

• Planning and Development Regulations 2001 (S.I. No. 600 of 2001), regs. 13 and 15 as inserted by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011), regs. 3 and 5

• Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011)

• Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3

• European Communities (Inland Transport of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2010 (S.I. No. 620 of 2010)

• Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010 (S.I. No. 619 of 2010)

• Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010 (S.I. No. 618 of 2010)

• Carriage of Dangerous Goods by Road Regulations 2010 (S.I. No. 617 of 2010)

• Safety, Health And Welfare At Work (Construction) Regulations 2006 (S.I. No. 504 of 2006), sch. 7 inserted by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 (S.I. No. 523 of 2010)

• European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

• Persistent Organic Pollutants Regulations 2010 (S.I. No. 235 of 2010)

• European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010)

• European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)

• Chemicals Act 2008 (13/2008), ss. 6, 7, 8, 24 and 31

• European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008)

• European Communities (Lifts) Regulations 1998 (S.I. No. 246 of 1998), reg. 2(1) as substituted by European Communities (Lifts) (Amendment) Regulations 2008 (S.I. No. 406 of 2008), reg. 3(a)

• European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 (S.I. No. 116 of 2003), reg. 5, as substituted by European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008 (S.I. No. 272 of 2008), reg. 2(c)

• National Oil Reserves Agency Act 2007 (7/2007), s. 49

• Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

• Planning and Development Regulations 2001 (S.I. No. 600 of 2001), Part 11, as amended by Planning and Development Regulations 2006 (S.I. No. 685 of 2006), reg. 32 (substitutions effected by regs. 5 and 7 superseded by S.I. No. 262 of 2001 above)

• Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006)

• European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006)

• Railway Safety Act 2005 (31/2005), ss. 10 and 112

Additional functions, now revoked, were previously conferred on the Health and Safety Authority by:

• Carriage of Dangerous Goods By Road Act 1998 (Fees) Regulations 2007 (S.I. No. 291 of 2007)

• Carriage of Dangerous Goods By Road Act 1998 (Appointment of Competent Authorities) Order 2007 (S.I. No. 290 of 2007)

• European Communities (Carriage of Dangerous Goods By Road) (Adr Miscellaneous Provisions) Regulations 2007 (S.I. No. 289 of 2007)

• Carriage of Dangerous Goods By Road Regulations 2007 (S.I. No. 288 of 2007)

• Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2006 (S.I. No. 408 of 2006)

• Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2006 (S.I. No. 407 of 2006)

• European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2006 (S.I. No. 406 of 2006)

• Carriage of Dangerous Goods by Road Regulations (S.I. No. 405 of 2006)

• Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006)

• Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 (S.I. No. 370 of 2006)

E18

Provision for references to the Minister under Dangerous Substances Act 1972 (10/1972) to be construed as references to the (now renamed) Health and Safety Authority was made (1.11.1989) by Safety, Health and Welfare at Work Act 1989 (7/1989), s. 29, S.I. No. 236 of 1989. As the repeal of Dangerous Substances Act 1972 is not commenced as of the date of revision, the functions of the Minister under s. 33 of that Act are now performed by the Health and Safety Authority. The Authority also has functions under legislation carried forward as listed under s. 4 of this Act.

Conferral of additional functions on Authority.

35.—(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Authority and any other Minister of the Government that he or she considers appropriate, by order—

(a) confer on the Authority any additional functions connected with the functions for the time being of the Authority that the Minister considers appropriate, subject to the conditions (if any) that may be specified in the order, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of those additional functions.

(2) (a) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

(b) An order under this subsection shall be made in the like manner, and subject to the same consent and consultations (if any) as the order that it is amending or revoking.

Annotations:

Modifications (not altering text):

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Establishment of subsidiaries.

36.—(1) The Authority may, without prejudice to its general responsibilities under this Act, perform any of its functions (other than those set out in section 34(1)(d)), provide any of its services or carry on any of its activities through a subsidiary (within the meaning of the Companies Acts 1963 to 2003) which is wholly owned by the Authority and, accordingly, the Authority may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, provision or carrying on, form and register such a subsidiary.

(2) The memorandum and articles of association of a subsidiary referred to in this section shall be in the form that may be determined by the Authority with the consent of the Minister and the Minister for Finance.

(3) (a) The Minister may give to the Authority such directions in writing as he or she considers appropriate in relation to any policy, programme or activity of a subsidiary and the body concerned shall comply or, as may be appropriate, secure compliance with that direction.

(b) A direction under paragraph (a) shall not apply to any particular undertaking or person (other than a subsidiary).

(4) A direction under subsection (3) in relation to the disposal of any assets or profits of a subsidiary shall not be given without the consent of the Minister for Finance.

Annotations:

Modifications (not altering text):

C10

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Membership of Authority.

37.—(1) The Authority shall consist of a chairperson and 11 ordinary members who shall be appointed by the Minister, who shall comprise the Board of the Authority.

(2) The ordinary members of the Authority shall be—

(a) 3 persons nominated by such organisations representative of employees as the Minister considers appropriate,

(b) 3 persons nominated by such organisations representative of employers as the Minister considers appropriate,

(c) 5 persons as the Minister considers appropriate which shall include one person from the Department under whose auspices the Authority operates.

(3) The Minister shall, for the purposes of paragraph 13(b) of Schedule 5, designate one of the ordinary members of the Authority to be deputy chairperson of the Authority.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, a person who is a member of the Authority immediately before the commencement of that section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office in accordance with Schedule 5.

Advisory committees.

38.—(1) The Authority may from time to time establish advisory committees to advise it in relation to any of its functions and may determine the membership, term of office and terms of reference and regulate the procedure of any such committee.

(2) Where the Authority has appointed an advisory committee, it shall appoint one of the members of the committee as chairperson of that committee and another as deputy chairperson who shall act in the absence of the chairperson.

(3) The members of an advisory committee established under this section shall be paid by the Authority such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, a person who is a member of an advisory committee immediately before the commencement of that section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office.

Annotations:

Modifications (not altering text):

C11

Functions in relation to subs. (3) transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Chief Executive.

39.—(1) There shall be a chief executive officer of the Authority who shall be known and is referred to in this Act as the “Chief Executive”.

(2) The Chief Executive shall be appointed and may be removed from office in accordance with the terms and conditions of his or her appointment by the Authority with the consent of the Minister.

(3) The Authority, with the consent of the Minister and the Minister for Finance, may appoint one or more assistants to the Chief Executive who shall be known and is referred to in this Act as the “Assistant Chief Executive”.

(4) The Chief Executive shall carry on, manage and control generally the administration and business of the Authority and perform any other functions that may be conferred on him or her by this Act or as may be determined by the Authority.

(5) The Chief Executive shall—

(a) prepare and submit to the Authority a draft strategy statement in accordance with section 43 and a draft work programme in accordance with section 44,

(b) provide annual and other progress reports to the Authority on the implementation of the strategy statement at such intervals as the Authority may from time to time direct,

(c) provide advice to the Authority with respect to any matter within, affecting or connected with the functions of the Authority,

(d) provide to the Authority any information, including financial information, relating to the performance of his or her functions as the Authority may from time to time require, and

(e) manage all matters relating to appointments, performance, discipline and dismissals of staff below the position of Assistant Chief Executive.

(6) Notwithstanding the repeal of the Act of 1989 by section 4, the Chief Executive of the Authority holding office immediately before the commencement of this Act shall continue in office as Chief Executive for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office.

(7) Schedule 6 applies to the Chief Executive.

Consultants and advisers.

40.—(1) The Authority may, from time to time, engage consultants or advisers that it considers necessary or expedient for the performance by it of its functions.

(2) Any fees payable by the Authority to a consultant or adviser engaged under this section shall be paid by it out of moneys at its disposal and it shall have regard to guidelines issued from time to time by the Minister or the Minister for Finance.

(3) The Authority shall comply with any directions with regard to consultants or advisers engaged under this section that the Minister may give to it with the consent of the Minister for Finance.

Annotations:

Modifications (not altering text):

C12

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Disclosure of certain interests by members of Authority.

41.—(1) Where at a meeting of the Authority any of the following matters arise, namely—

(a) an arrangement to which the Authority is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Authority or a proposed such contract or other agreement,

then, any member of the Authority present at the meeting who has a material interest in the matter, otherwise than in his or her capacity as such a member, shall—

(i) at the meeting, in advance of any consideration of the matter, disclose to the Authority the fact of the interest and the nature of the interest,

(ii) neither influence nor seek to influence a decision relating to the matter,

(iii) absent himself or herself from any meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Authority relating to the matter, and

(v) not vote on a decision relating to the matter.

(2) Where a member discloses a material interest in a matter under this section—

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Authority otherwise determines.

(3) Where, at a meeting of the Authority, a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would be a failure by the member to comply with the requirements of subsection (1)—

(a) the question may, subject to subsection (4), be determined by the chairperson of the meeting, whose decision shall be final, and

(b) where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where at a meeting of the Authority, the chairperson of the meeting is the member in respect of which a question to which subsection (3) applies is to be determined, then the other members of the Authority attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(5) If satisfied that a member of the Authority has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office or take any other action that the Minister considers appropriate.

(6) A person who is removed from office under subsection (5) is disqualified from membership of the Authority.

Disclosure of certain interests by members of staff of Authority.

42.—(1) Where a member of the staff (including the Chief Executive) of the Authority or a consultant, adviser or other person engaged by the Authority has a material interest, otherwise than in his or her capacity as such a member or as such a consultant, adviser or other person engaged by the Authority, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Authority is a party, that person shall—

(a) disclose to the Authority his or her interest and the nature of the interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision relating to the matter nor make any recommendation in relation to the contract, agreement or arrangement, and

(c) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Authority or staff of the Authority relating to the matter.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Authority.

(3) Where a person contravenes this section the Authority may decide on the appropriate action to be taken including alterations to the person’s terms and conditions of employment or contract for services or termination of the person’s contract of employment or for services.

Strategy statement.

43.—(1) At the times set out in subsection (2)(f), the Authority shall prepare and submit to the Minister for his or her approval, with or without amendment, a strategy statement for the following 3 year period.

(2) A strategy statement shall—

(a) specify the key objectives, outputs and related strategies (including the use of resources) of the Authority,

(b) have regard to the need to ensure the most beneficial, effective and efficient use of the Authority’s resources,

(c) except for the first strategy statement, include a review of the outcomes and effectiveness of the preceding strategy statement,

(d) specify the manner in which the Authority proposes to assess its performance in respect of the objectives referred to in paragraph (a), taking account of relevant performance indicators (financial and non-financial),

(e) be prepared in the form and manner that the Minister may from time to time direct,

(f) be prepared and submitted to the Minister not later than—

(i) in the case of the first strategy statement, 4 months after the coming into operation of section 32, and

(ii) in the case of each subsequent strategy statement, the third anniversary of the date of submission of the preceding strategy statement,

and

(g) include any other matters that the Minister may from time to time direct.

(3) When preparing the strategy statement, the Authority may consult such persons or bodies of persons that it considers appropriate.

(4) A strategy statement is deemed to be adopted when it is approved by the Minister.

(5) As soon as practicable after a strategy statement has been approved, the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas and the strategy statement shall be published in the form and manner that the Authority considers appropriate.

Work programme of Authority.

44.—(1) The Authority shall prepare and submit to the Minister for his or her approval with or without amendment, at least 2 months before the commencement of each year, a work programme relating to the discharge of its functions, including—

(a) having regard to the strategy statement, the objectives of the Authority for that year and its strategy for achieving those objectives,

(b) the priorities of the Authority for that year, having regard to those objectives and its available resources, and

(c) any other matters that the Minister may from time to time specify when issuing directions or guidelines under subsection (2).

(2) The Minister may, from time to time, issue directions or guidelines to the Authority concerning the preparation of the work programme and the Authority shall comply with those directions and prepare the work programme in accordance with those guidelines.

(3) A work programme is deemed to be adopted when it is approved by the Minister.

Grants to Authority.

45.—(1) In each year there may be paid to the Authority out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance, determines for the purposes of expenditure by the Authority in performing its functions.

(2) The Authority may with the consent of the Minister and the Minister for Finance invest money in such manner as it thinks fit.

(3) The Authority may, subject to sections 46 and 47, with the prior consent of the Minister and the Minister for Finance, seek and accept moneys from any source and subject to any conditions that the Minister may approve of, from time to time.

Annotations:

Modifications (not altering text):

C13

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Power to borrow.

46.—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to the conditions they may determine.

Annotations:

Modifications (not altering text):

C14

Functions of Minister for Finance under section transferred to Minister for Public Expenditure and Reform (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 9(2) and sch. 2 pt.1, commenced as per s. 1(2) and S.I. No. 401 of 2011, subject to s. 20(1).

Transfer of certain other functions to Minister.

9.— …

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

…

Schedule 2 Functions Transferred To Minister

PART 1 Functions performable with consent of Minister for Finance

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Section 46

…

Fees for services, etc.

47.—(1) Subject to the approval of the Minister and the Minister for Finance, the Authority may—

F13[(a) determine the amount of such fees as it considers appropriate in consideration of—

(i) the performance by the Authority of its functions,

(ii) the provision by the Authority of services (other than a service consisting of the provision of advice to the Minister or another Minister of the Government),

(iii) the carrying on by the Authority of activities,

(iv) the performance by the Accreditation Board of its functions, and

(v) the performance by the Appeals Board of its functions,]

(b) provide for the payment of different fees or for the exemption from the payment of fees or for the waiver, remission or refund (in whole or in part) of fees in different circumstances or classes of circumstances or for different cases or classes of cases,

(c) sell, for such prices as it considers appropriate, anything produced, published, approved or developed by, or in co-operation with, the Authority, and

(d) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the further development and commercial exploitation of anything produced, published or developed by the Authority,

F14[(e) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the purposes of any of the functions of the Authority referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014),]

and shall record receipts from such fees, sales or payments as income.

(2) The Authority shall make available on request, free of charge, details of fees determined under this section.

(3) Fees, prices and payments referred to in subsection (1) in respect of functions performed, services provided, activities carried on or things sold, shall not, save with the prior approval of the Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production, publication or development of the thing, as the case may be.

(4) The Authority may recover any amount due and owing to it under subsection (1) from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(5) The Public Offices Fees Act 1879 does not apply to fees charged in accordance with this section.

Annotations:

Amendments:

F13

Substituted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 33(a), S.I. No. 304 of 2014.

F14

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 33(b), S.I. No 304 of 2014.

Modifications (not altering text):

C15

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Accounts and audits.

48.—(1) The Authority shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, and in respect of each year all proper and usual accounts or other records, including an income and expenditure account, a cash flow statement and a balance sheet, of—

(a) all income received and expenditure by the Authority in performing its functions under this Act,

(b) the sources of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of the Authority.

(2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the year to which they relate by the Authority to the Comptroller and Auditor General for audit and, after the audit—

(a) a copy of the accounts, statement and balance sheet and of any other accounts kept under this section as the Minister, after consultation with the Minister for Finance, may direct, and

(b) a copy of the report of the Comptroller and Auditor General on the accounts,

shall, within one month of receipt by the Authority of the report referred to in paragraph (b), be presented to the Minister.

(3) The Minister shall cause a copy of the accounts and the auditor’s report referred to in subsection (2) to be laid before each House of the Oireachtas.

Annotations:

Modifications (not altering text):

C16

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

…

Attendance before Committee of Public Accounts.

49.—(1) The Chief Executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders 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 or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required to prepare under this Act,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section and section 50, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(3) For the purposes of sections 46, 47, 48 and this section, “Authority” shall include any subsidiary or subsidiaries of the Authority.

Attendance before other committees of Houses of the Oireachtas.

50.—(1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee referred to in section 49,

(b) the Committee on Members’ Interests of Dáil Éireann, or

(c) the Committee on Members’ Interests of Seanad Éireann,

or a subcommittee of such a Committee.

(2) Subject to subsection (3), the Chief Executive shall, at the request in writing of a Committee, attend before it to account for the general administration of the Authority as may be required by the Committee.

(3) The Chief Executive shall not be required to account to a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the Chief Executive is of the opinion that a matter in respect of which the Chief Executive is requested to account to a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Chief Executive is before it, the information shall be so conveyed in writing.

(5) Where the Chief Executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the Chief Executive shall not attend before the Committee to account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the Chief Executive shall attend before the Committee to account for the matter.

Reports and information to the Minister.

51.—(1) As soon as practicable, but in any case not later than 3 months after the end of each year, the Authority shall prepare and submit a report (in this section referred to as the “annual report”) to the Minister and the Minister shall cause copies of the annual report to be laid before each House of the Oireachtas.

(2) The annual report shall be in the form that the Minister may direct and shall include—

(a) information on the performance of the Authority’s functions during the year to which the report relates having regard to the strategy statement and work programme of the Authority,

(b) information on the performance of any agreement under section 34(2),

(c) information in relation to any annual report furnished to the Authority under section 33(3), and

(d) any other information that the Authority considers appropriate or that the Minister may require.

(3) The Authority—

(a) may, as it considers appropriate, make any other reports to the Minister relating to its functions, and

(b) shall publish its annual report.

Chapter 2

Staff of Authority

Staff of Authority

52.—(1) The Authority may, with the consent of the Minister and the Minister for Finance, appoint such number of persons to be members of the staff of the Authority as it from time to time determines.

(2) A member of the staff of the Authority (other than the Chief Executive) shall—

(a) be employed on the terms and conditions (including terms and conditions relating to remuneration) that the Authority, with the consent of the Minister and the Minister for Finance, may determine, and

(b) be paid out of moneys at the disposal of the Authority the remuneration and allowances for expenses (if any) incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(3) The grades of the staff of the Authority, and the numbers of staff in each grade shall be determined by the Authority with the consent of the Minister and the Minister for Finance.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, every person who, immediately before the commencement of that section, was a member of the staff of the Authority shall continue to be a member of the staff of the Authority and each such person shall not, after such commencement, be subject to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the said commencement.

Remuneration of staff of Authority.

53.—The Authority, in determining the remuneration or allowances for expenses to be paid to members of its staff (including the Chief Executive) or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant and to Government policy concerning remuneration and conditions of employment that is so extant and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions that the Minister may give to the Authority with the consent of the Minister for Finance.

Transfer of officers etc., to Authority.

54.—(1) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of the staff of, the Authority.

(2) The Minister shall not make an order under subsection (1) without having notified in writing the officer concerned and any recognised trade unions or staff associations concerned and the Authority of his or her intention to do so and having considered any representations made by him or her, or by them or by any of them, in relation to the matter within the time specified in the notification.

(3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer designated under subsection (1), who is transferred by that subsection to the staff of the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he or she was subject immediately before the day on which he or she was transferred.

(4) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of officers transferred under subsection (1) are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Authority or the Chief Executive, as the case may be, while they are in the service of the Authority, and no such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to an officer immediately before the day on which he or she was transferred under subsection (1), save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(5) (a) The terms and conditions relating to tenure of office which are granted by the Authority to an officer designated under subsection (1) and transferred to its staff shall not, while he or she is in the service of the Authority, be less favourable to him or her than those applicable for the time being in the civil service.

(b) Any alteration in the conditions in regard to tenure of office of any such officer shall not be such as to render those conditions less favourable to him or her than those applicable in the civil service at the time of the alteration, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(c) If a dispute arises between the Authority and any such officer as to conditions applicable in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.

(6) In relation to officers transferred to the staff of the Authority under subsection (1), previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2003, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Unfair Dismissals Acts 1977 to 2001 and the Terms of Employment (Information) Acts 1994 and 2001.

Code of conduct.

55.—(1) The Authority shall, following consultation with the Minister and the Minister for Finance, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff.

(2) The Authority shall publish any code of conduct drawn up under subsection (1).

F15[Transfer of certain members of staff of Forfás to Authority

54A. (1) The Minister may designate in writing such and so many members of the staff of Forfás as he or she decides to be transferred to the Authority from such date as may be specified in the designation (in this section referred to as “the effective date”).

(2) A member of staff of Forfás designated in accordance with subsection (1) shall become and be a member of staff of the Authority from the effective date.

(3) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person transferred by virtue of a designation under subsection (1) to the staff of the Authority shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the effective date.

(4) In relation to a person transferred to the Authority in accordance with subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a) the Redundancy Payments Acts 1967 to 2012;

(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 to 2012;

(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.

(5) Subject to subsection (6), the provisions of a scheme or arrangement in relation to superannuation that immediately before the effective date apply to, or in respect of, a person transferred to the Authority in accordance with subsection (1) shall continue to apply to, or in respect of, that person on and after the effective date.

(6) Subsection (5) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.

(7) Every person transferred to the Authority in accordance with subsection (1), to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, shall on the effective date become a member of the superannuation scheme of the Authority made under section 56 which scheme shall, in relation to such persons, be deemed to stand amended in such respects as are necessary to take account of any provisions that apply to, or in respect of, that person by virtue of subsection (5) and if any of those provisions provide for the exercise of a discretion, the Authority shall, on and after the effective date, exercise that discretion.

(8) Any period of service by a person as a member of staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to, or in respect of, members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of the superannuation scheme of the Authority referred to in subsection (7).]

Annotations:

Amendments:

F15

Inserted (16.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 31, S.I. No. 304 of 2014.

Superannuation of staff of Authority.

56.—(1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of its staff (including the Chief Executive).

(2) A scheme under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of person.

(3) The Authority may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section including a scheme under this subsection or a scheme to which subsection (5) applies.

(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) Notwithstanding the repeal of the Act of 1989 by section 4, any scheme for the granting of superannuation benefits to or in respect of any members of staff of the Authority in operation immediately before the commencement of the said section 4 shall continue in operation after such commencement.

(6) A scheme or schemes under this section shall, as respects a person transferred under section 54 to be a member of the staff of the Authority, provide for the granting to or in respect of him or her of superannuation benefits upon and subject to terms and conditions that are not less favourable to him or her than the terms and conditions applied to him or her immediately before the day on which he or she was so transferred in relation to the grant of such benefits.

(7) Where, during the period between commencement of this section and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 54 to the staff of the Authority in respect of his or her employment as an officer of the Minister, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and for that purpose his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service.

(8) Subject to subsection (7), no superannuation benefit shall be granted by the Authority to or in respect of any members of its staff (including the Chief Executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such persons, otherwise than in accordance with a scheme submitted and approved under this section or with the consent of the Minister and the Minister for Finance.

(9) If a dispute arises as to the claim of a person to, or the amount of, a superannuation benefit payable in respect of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance.

(10) The Minister shall cause every scheme submitted and approved under this section, including an amendment of a scheme, to be laid before each House of the Oireachtas as soon as practicable after it is approved and, if a resolution annulling the scheme is passed by either House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done under the scheme.

Annotations:

Editorial Notes:

E19

Schemes under section excluded from application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), art. 6 and sch. C, sch. C as substituted (16.06.2014) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014), reg. 2.

E20

Previous affecting provision: schemes under section excluded from application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), art. 6 and sch. C, sch. C as substituted (18.04.2013) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013), reg. 2.

F16[Chapter 3

Irish National Accreditation Board

Irish National Accreditation Board

56A. (1) The committee established as a committee of Forfás by resolution of the Board of Forfás pursuant to section 10 (amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998) of the Act of 1993 and known as the Irish National Accreditation Board shall on the coming into operation of this section—

(a) become and be a committee of the Authority under this section, and

(b) be known as the Irish National Accreditation Board (in this Act referred to as the ‘Accreditation Board’).

(2) The Accreditation Board is the single national accreditation body for the purposes of the Accreditation Regulation.

(3) The Accreditation Board shall, on behalf of the Authority, perform the functions delegated to the Board under section 34(2A) (inserted by section 30(b) of the Industrial Development (Forfás Dissolution) Act 2014).

(4) The Accreditation Board shall have all powers necessary or expedient for the performance of its functions.

(5) The Accreditation Board shall be independent in the performance of its functions.

(6) The Authority shall designate a member of its staff (in this Act referred to as the ‘Manager of the Accreditation Board’) to carry on and manage, and control generally the administration of the Accreditation Board.

(7) Subject to subsection (8), the Accreditation Board may perform any one or more of its functions through or by—

(a) any member of the staff of the Authority designated for that purpose by the Authority, or

(b) the Manager of the Accreditation Board.

(8) The Manager of the Accreditation Board may enter into contracts referred to in section 47(1)(e) (inserted by section 33(b) of the Industrial Development (Forfás Dissolution) Act 2014) on behalf of the Authority.

(9) The Accreditation Board shall furnish the Authority with such information regarding the performance of the functions of the Board as the Authority may from time to time request.

(10) Subject to subsection (11), the members of the Accreditation Board shall be appointed by the Authority and the Authority shall, in making such appointments, take into account the expertise required by the Board to enable the Board to carry out its functions.

(11) A person who is a member of the Accreditation Board immediately before the coming into operation of this section shall continue in office as such a member unless he or she dies, resigns or is disqualified from office or otherwise ceases to hold office and Schedule 6A (inserted by section 36 of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to such a person on the coming into operation of this section.

(12) Schedule 6A (inserted by section 36 of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to the Accreditation Board.

(13) A reference in any enactment to—

(a) the National Accreditation Board,

(b) the National Accreditation Board as a committee of Forfás,

(c) the Irish National Accreditation Board, or

(d) the Irish National Accreditation Board as a committee of Forfás,

shall be taken to be a reference to the Accreditation Board as a committee of the Authority referred to in subsection (1).

(14) In this section ‘enactment’ has the same meaning as it has in the Interpretation Act 2005.]

Annotations:

Amendments:

F16

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

F17[Transfer of property to Authority

56B. (1) All property (other than land), including choses-in-action, that immediately before the coming into operation of this section was enjoyed by or on behalf of Forfás in connection with the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) shall, on the coming into operation of this section, stand vested in the Authority without any transfer or assignment.

(2) Every chose-in-action vested in the Authority by virtue of subsection (1) may, on and from the coming into operation of this section, be sued on, recovered or enforced by the Authority in its own name, and it shall not be necessary for the Authority to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.]

Annotations:

Amendments:

F17

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

F18[Transfer of rights and liabilities

56C. (1) All arrangements relating to accreditation and other rights and liabilities arising by virtue of any contract or commitment (express or implied) entered into by or on behalf of Forfás in connection with functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) before the coming into operation of this section shall on that coming into operation stand transferred to the Authority.

(2) Every right and liability transferred by subsection (1) to the Authority may, on and after the coming into operation of this section, be sued on, recovered or enforced by or against the Authority in its own name, and it shall not be necessary for the Authority, or Forfás, to give notice to the person whose right or liability is transferred by that subsection of such transfer.]

Annotations:

Amendments:

F18

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

F19[Liability for loss

56D. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, by or on behalf of Forfás before the coming into operation of this section, of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) shall on and after that coming into operation lie against the Authority and not against Forfás.

(2) Any legal proceedings pending immediately before the coming into operation of this section to which Forfás is a party, that relate to any of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), shall be continued with the substitution in the proceedings of the Authority, in so far as they so relate, for Forfás.

(3) Where, before the coming into operation of this section, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against Forfás, be enforceable against the Authority and not Forfás.

(4) Any claim made or proper to be made by Forfás in respect of any loss or injury arising from the act or default of any person before the coming into operation of this section shall, where the claim relates to any of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), be regarded as having being made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.]

Annotations:

Amendments:

F19

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

F20[Provisions consequent upon transfer of assets and liabilities to Authority

56E. (1) Subject to section 56H(14), anything commenced and not completed before the coming into operation of this section by or on behalf of Forfás may, in so far as it relates to a function referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), be carried on or completed on or after that coming into operation by the Authority in accordance with this Act.

(2) Any money, stocks, shares or securities transferred by section 56B (inserted by section 32 of the Industrial Development (Forfás Dissolution) Act 2014) that immediately before the coming into operation of section 56B were standing in the name of Forfás shall, on the request of the Authority, be transferred into its name.

(3) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Authority under section 56B or 56C shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

(4) A document which purports to be a certificate signed by the Minister referred to in subsection (3) shall be taken to be such a certificate unless the contrary is shown.]

Annotations:

Amendments:

F20

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

F21[Records

56F. Each record held by or on behalf of Forfás, in relation to a function referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), immediately before the coming into operation of section 34(1)(de), is on that coming into operation transferred to the Authority and is, on and from that coming into operation, held by the Authority.]

Annotations:

Amendments:

F21

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

Appeals Board

56G. (1) Subject to subsection (2), the Authority shall, as soon as practicable after the coming into operation of this section, establish an Appeals Board and shall appoint 3 people to the Appeals Board with a special interest or expertise in, or knowledge of, the functions referred to in section 34(1) (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014).

(2) The Authority shall not appoint a member of the Authority, the Chief Executive, a member of the staff of the Authority or a member of the Accreditation Board to be a member of the Appeals Board.

(3) A member of the Appeals Board shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Authority determines.

(4) The Authority shall appoint a chairperson of the Appeals Board from among the members of the Board and that chairperson shall regulate the procedure of the Board.

(5) Subject to paragraph (6), a member of the Appeals Board whose term of membership of the Appeals Board expires shall be eligible for reappointment as a member of the Appeals Board.

(6) A person who is reappointed to the Appeals Board shall not hold office for periods the aggregate of which exceeds 10 years.

(7) A member of the Appeals Board, including the chairperson, is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(8) A member of the Appeals Board may at any time resign from office by giving notice in writing to the Authority of his or her resignation and the resignation shall take effect on the day on which the Authority receives the notice.

(9) The Authority may at any time remove from office a member of the Appeals Board if, in the opinion of the Authority—

(a) the member has become incapable through ill-health of effectively performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Authority to be necessary for the effective performance by the Appeals Board of its functions.

(10) A member of the Appeals Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty,

(f) is disqualified or restricted from being a director of any company within the meaning of the Companies Acts, or

(g) is removed from office under subsection (9).

(11) If a member of the Appeals Board dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Authority may appoint a person to be a member of the Appeals Board to fill the casual vacancy so occasioned.

(12) A person appointed to be a member of the Appeals Board under subsection (11) —

(a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of his or her appointment,

(b) is eligible for reappointment as a member of the Appeals Board on the expiry of that period, and

(c) shall, for the purposes of the period referred to in subsection (6), be taken to have been appointed on the date of that person’s appointment to fill the casual vacancy concerned.

(13) The Appeals Board shall be independent in the performance of its functions.]

Annotations:

Amendments:

F22

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

Appeal to Appeals Board

56H. (1) A conformity assessment body may make an appeal to the Appeals Board in respect of—

(a) a decision of the Accreditation Board in respect of accreditation in relation to the body, or

(b) a failure by the Accreditation Board to make a decision in respect of accreditation in relation to the body.

(2) An appeal under subsection (1) (a) shall be made within 30 days of the notification by the Accreditation Board in writing of the decision to the conformity assessment body.

(3) A conformity assessment body may by notice in writing request the Accreditation Board to make a decision in respect of accreditation in relation to that body and where that Board fails to make the decision within 30 days, the conformity assessment body may appeal against that failure.

(4) An appeal by a conformity assessment body shall be made in such form as may be specified by the Appeals Board and shall—

(a) in the case of an appeal under subsection (1) (a), specify the decision being appealed and the grounds of the appeal,

(b) in the case of an appeal under subsection (1) (b), specify the matter in respect of which the Accreditation Board has failed to make a decision,

(c) be accompanied by any documents on which the body relies,

(d) be accompanied by such fee (if any) as may be determined by the Authority under section 47 (amended by section 33 of the Industrial Development (Forfás Dissolution) Act 2014), and

(e) be accompanied by such other information or documentation as may be specified by the Appeals Board.

(5) The Appeals Board may refuse to hear an appeal where, in the opinion of that Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(6) The Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal and each of the parties to an appeal is entitled to be heard at the hearing of an appeal and to present evidence to the Board.

(7) The Appeals Board may adjourn any hearing by it of a matter until a date specified by it.

(8) A decision by a majority of the members of the Appeals Board shall suffice for any purpose.

(9) The Appeals Board shall determine an appeal within 90 days from the making of an appeal and which may be a determination—

(a) in relation to an appeal under subsection (1)(a) —

(i) affirming the decision of the Accreditation Board, or

(ii) quashing the decision of the Accreditation Board and directing the Accreditation Board, for stated reasons, to reconsider its decision, and

(b) in relation to an appeal under subsection (1)(b) —

(i) that the Accreditation Board has not failed to make a decision, or

(ii) that the Accreditation Board has failed to make a decision and directing the Accreditation Board to make a decision within such time as may be specified by the Appeals Board.

(10) The Appeals Board shall notify the appellant, the Accreditation Board and the Authority in writing of its determination under subsection (9), including the reasons under paragraph (a) (ii) of that subsection, within 10 days of making the determination.

(11) The Accreditation Board shall comply with every direction given to it under paragraph (a)(ii) or paragraph (b)(ii) of subsection (9).

(12) A conformity assessment body may withdraw an appeal made under this section at any time by notice in writing to the Appeals Board and the Accreditation Board.

(13) In considering and determining an appeal under this section, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Authority.

(14) An appeal by a conformity assessment body against a decision of the Accreditation Board in relation to accreditation pursuant to the Accreditation Regulation commenced but not determined—

(a) prior to the coming into operation of this section, and

(b) in accordance with the arrangements entered into between the conformity assessment body and the Accreditation Board under clause 11 of the Accreditation Board Terms and Conditions,

shall be continued in accordance with those arrangements notwithstanding the coming into operation of this section.]

Annotations:

Amendments:

F23

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

F24[Disclosure of certain interests by members of Accreditation Board

56I. Section 41 shall apply to members of the Accreditation Board as it applies to members of the Authority subject to the following modifications—

(a) substituting ‘Accreditation Board’ for ‘Authority’ in each place where it occurs,

(b) in subsection (4) by substituting ‘the deputy chairperson, if present shall determine the question or, if he or she is not present, then the other members of’ for ‘then the other members of’, and

(c) in subsection (5) by substituting ‘the Authority’ for ‘the Minister’ in each place where it occurs.]

Annotations:

Amendments:

F24

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.

PART 6

Regulations, Codes of Practice and Enforcement

Chapter 1

Regulations and Codes of Practice

Review of legislation.

57.—(1) The Authority shall—

(a) keep under review—

(i) the relevant statutory provisions, and

(ii) the associated statutory provisions,

(b) submit, from time to time, to the Minister any proposals that it considers appropriate relating to the relevant statutory provisions or for making or revoking any instruments under those provisions,

(c) submit, from time to time, to the Minister and to the Minister having responsibility for any of the associated statutory provisions any proposals that it considers appropriate relating to those provisions or for making or revoking any instruments under those provisions,

(d) undertake such reviews of relevant statutory provisions as the Minister may direct, and

(e) assist in the preparation of draft legislation as the Minister may direct.

(2) Before submitting proposals to the Minister, the Authority shall consult any other person or body that appears to the Authority to be appropriate having regard to the proposals to be submitted or as directed by the Minister.

Regulations.

58.—(1) Subject to subsections (2) and (3), the Minister may—

(a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) make regulations generally for the purposes of giving full effect to this Act, and

(c) without prejudice to the generality of paragraph (b), make regulations for or in respect of any of the matters set out in Schedule 7.

(2) F25[…]

(3) The Minister shall consult with the Authority before making regulations giving effect with modifications to any proposal made by the Authority under section 57.

(4) Regulations under this Act may—

(a) contain any incidental, supplementary and consequential provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations,

(b) apply either generally or to a specified class or classes of persons, places of work or work activities, article or substance or to any other matter that the Minister may consider to be appropriate,

(c) include different provisions in relation to different classes of persons, place of work or work activity, article or substance, and

(d) subject to subsection (5) and to any conditions that may be prescribed, exempt from all or any of the provisions of the relevant statutory provisions any specified class of work activity, employment, article or substance or any specified class of person or place of work, where, having regard to the class of work activity, employment, article, substance, person or place of work, the Minister is satisfied that the application of those provisions is unnecessary or impracticable and that adequate protective measures are in place.

(5) Regulations made under this Act may apply to all work activities or to particular work activities, and they may also relate to—

(a) one or more chemical, physical or biological agents,

(b) the classification, packaging, labelling, marketing or use of any article or substance,

(c) the control of major accident hazards,

(d) the storage or transport of dangerous substances, or

(e) factories, the extractive industries, office premises or to boilers.

(6) Without prejudice to the generality of subsections (1) and (4), regulations under this Act may apply to—

(a) employers or other persons who control places of work or specified places of work,

(b) employees or a particular class of employees,

(c) all work activities or particular work activities,

(d) designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof),

(e) a specified article or substance or an article or substance of a particular class.

(7) Regulations made under this Act may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code of practice issued by the Authority in accordance with section 60.

(8) The provisions of this section shall be deemed to have been in operation on the commencement of section 28 of the Act of 1989 and to have been incorporated in that section from that date and every regulation made in exercise of the powers under that section and not revoked before the commencement of this section shall be deemed to have been made in the exercise of the powers under the provisions of that section, including the provisions of this section deemed to have been incorporated in that section by this subsection.

(9) Every regulation or order (other than an order made under section 1(2)) under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation or order.

(10) The power to make regulations under this section includes power to make provision by regulations to give effect to either—

(a) any provision of the treaties of the European Communities, or

(b) any act adopted by an institution of the European Communities, which regulates any of the matters set out in Schedule 7.

Annotations:

Amendments:

F25

Deleted (10.12.2010) by Chemicals (Amendments) Act 2010 (32/2010), s. 12(c), S.I. No. 591 of 2010.

Editorial Notes:

E21

Power pursuant to section exercised (1.11.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), in effect as per reg. 2.

E22

Power pursuant to section exercised (1.07.2016) by Safety, Health and Welfare at Work (Electromagnetic Fields) Regulations 2016 (S.I. No. 337 of 2016), in effect as per reg. 1(2).

E23

Power pursuant to section exercised (1.07.2016) by Safety, Health and Welfare at Work (General Application)(Amendment) Regulations 2016 (S.I. No. 36 of 2016), in effect as per reg. 4.

E24

Power pursuant to section exercised (18.02.2016) by Safety, Health and Welfare at Work (General Application)(Amendment)(No. 2) Regulations 2016 (S.I. No. 70 of 2016).

E25

Power pursuant to section exercised (1.01.2016) by Safety, Health and Welfare at Work (Docks) (Revocation) Regulations 2015 (S.I. No. 521 of 2015).

E26

Power pursuant to section exercised (22.12.2015) by Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2015 (S.I. No. 623 of 2015).

E27

Power pursuant to section exercised (22.12.2015) by Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015).

E28

Power pursuant to section exercised (20.12.2013) by Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No. 572 of 2013).

E29

Power pursuant to section exercised (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013).

E30

Power pursuant to section exercised (15.01.2013) by Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2013 (S.I. No. 9 of 2013).

E31

Power pursuant to section exercised (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012).

E32

Power pursuant to section exercised (8.12.2010) by Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2010 (S.I. No. 589 of 2010).

E33

Power pursuant to section exercised (29.04.2010) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010).

E34

Power pursuant to section exercised (1.05.2008) by Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008).

E35

Power pursuant to section exercised (12.11.2007) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007).

E36

Power pursuant to section exercised (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007).

E37

Power pursuant to section exercised (21.07.2006) by Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I No. 386 of 2006).

E38

Previous affecting provision: power pursuant to section exercised (31.05.2013) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2013 (S.I. No. 182 of 2013); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(g).

E39

Previous affecting provision: power pursuant to section exercised (30.11.2012) by Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012 (S.I. No. 481 of 2012); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(f).

E40

Previous affecting provision: power pursuant to section exercised (1.06.2013) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (S.I. No. 461 of 2012); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(e).

E41

Previous affecting provision: power pursuant to section exercised (2.11.2010) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 (S.I. No. 523 of 2010); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(d).

E42

Previous affecting provision: power pursuant to section exercised (30.10.2008) by Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 (S.I. No. 423 of 2008); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(c).

E43

Previous affecting provision: power pursuant to section exercised (2.05.2008) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 (S.I. No. 130 of 2008); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(b) .

E44

Previous affecting provision: power pursuant to section exercised (6.11.2006) by Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(a).

E45

Previous affecting provision: power pursuant to section exercised (13.07.2006) by Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 (S.I. No. 370 of 2006); revoked (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(y).

E46

Previous affecting provision: power pursuant to section exercised (13.07.2006) by Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006); revoked (other than reg. 11(3), expired 14.02.2008) (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(z).

E47

Previous affecting provision: power pursuant to section exercised (21.06.2006) by Safety, Health and Welfare at Work (Work at Height) Regulations 2006 (S.I. No. 318 of 2006); revoked (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(x).

Miscellaneous adaptations.

59.—References to the Minister (other than in respect of making rules, regulations, bye-laws, orders, exemptions or exceptions) contained immediately before the commencement of this Act in any existing enactment shall, insofar as they relate to functions exercisable by the Authority under this Act, be construed as references to the Authority.

Codes of practice.

60.—(1) For the purpose of providing practical guidance to employers, employees and any other persons to whom this Act applies with respect to safety, health and welfare at work, or the requirements or prohibitions of any of the relevant statutory provisions, the Authority—

(a) may, and shall if so requested by the Minister, prepare and publish codes of practice, and

(b) may approve of a code of practice or any part of a code of practice made or published by any other body.

(2) Before publishing or approving of a code of practice or any part of a code of practice under this section, the Authority—

(a) shall obtain the consent of the Minister,

(b) may publish in such manner as the Authority considers appropriate a draft of the code of practice or sections of a draft code of practice and shall give persons one month from the date of publication of the draft code or sections within which to make written representations to the Authority in relation to the draft code or sections of the draft code, or such further period, not exceeding 28 days, as the Authority in its absolute discretion thinks fit, and

(c) following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.

(3) Where the Authority publishes or approves of a code of practice or approves of any part of a code of practice, it shall publish a notice of such publication or approval in Iris Oifigiúil and that notice shall—

(a) identify the code,

(b) specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the code is published or approved of, and

(c) specify the date on which the code shall come into operation.

(4) The Authority may with the consent of the Minister and following consultation with any other person or body that the Authority considers appropriate or as the Minister directs—

(a) amend or revoke any code of practice or part of any code of practice prepared and published by it under this section, or

(b) withdraw its approval of any code of practice or part of any code of practice approved by it under this section.

(5) Where the Authority amends or revokes, or withdraws its approval of a code of practice or any part of a code of practice published or approved under this section, it shall publish notice of the amendment, revocation or withdrawal, as the case may be, in Iris Oifigiúil.

(6) The Authority shall make available for public inspection without charge at its principal office during normal working hours—

(a) a copy of each code of practice published or approved by it, and

(b) where a code of practice has been amended, a copy of the code as so amended.

(7) Notwithstanding the repeal of the Act of 1989 by section 4, a code of practice in operation immediately before the commencement of that section continues to be a code of practice as if prepared and published under this section.

Use of codes of practice in criminal proceedings.

61.—(1) Where in proceedings for an offence under this Act relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority under section 60 at the time of the alleged contravention, subsection (2) shall have effect with respect to that code of practice in relation to those proceedings.

(2) (a) Where a code of practice referred to in subsection (1) appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice shall be admissible in evidence.

(b) Where it is proved that any act or omission of the defendant alleged to constitute the contravention—

(i) is a failure to observe a code of practice referred to in subsection (1), or

(ii) is a compliance with that code of practice,

then such failure or compliance is admissible in evidence.

(3) A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible as evidence in any proceedings under this Act.

Chapter 2

Enforcement

Authorisation of inspectors.

62.—(1) The Authority or a person prescribed under section 33 may authorise such and so many persons as the Authority or person considers appropriate to be inspectors for the purposes of the enforcement of all or any of the relevant statutory provisions within the relevant area of responsibility in accordance with section 33 or 34, as the case may be.

(2) (a) An inspector shall be furnished with a certificate of authorisation as an inspector.

(b) When exercising a power conferred on him or her by this section, an inspector shall, if requested by a person affected, produce the certificate of authorisation or a copy of it to that person and a form of personal identification.

(3) An authorisation under this section shall cease when the Authority or a person prescribed under section 33, as the case may be, revokes the authorisation.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, an inspector authorised immediately before the commencement of that section under section 33 of the Act of 1989 continues to be an inspector as if authorised under this section.

Annotations:

Editorial Notes:

E48

Inspector appointed under section also to be an inspector for purposes of European Union (Prevention of Sharps Injuries in the Healthcare Sector) Regulations 2014 and Council Directive 2010/32/EU of 10 May 2010 as provided (14.03.2014) by European Union (Prevention of Sharps Injuries in the Healthcare Sector) Regulations 2014 (S.I. No. 135 of 2014), reg. 10(1).

Medical examinations.

63.—(1) The Authority or a person prescribed under section 33 may designate in writing any person, including an inspector, who is a registered medical practitioner to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority or a person prescribed under section 33 by a registered medical practitioner, and any person so designated may—

(a) invite any person who, in his or her opinion, either has been or may be exposed in the course of his or her work to any risk of personal injury or other danger to his or her health, and

(b) for the purpose of comparing with that of other persons the state of health of persons employed in different places of work or specified places of work or in different places in the same place of work, invite any person,

to provide biological samples or to be examined medically, or both, at such place as the person so designated shall designate, either by him or her or on his or her behalf or by or on behalf of such other registered medical practitioner as he or she shall specify.

(2) References in the relevant statutory provisions to “occupational medical adviser” shall be read as references to persons designated under this section.

Annotations:

Modifications (not altering text):

C17

Term “registered medical practitioner” construed (13.02.2007 and 7.05.2007) by Medical Practitioners Act 2007 (25/2007), ss. 2 and 108(1) (S.I. Nos. 24 of 2008 and 231 of 2008) and Medical Practitioners Act 1978 (4/1978), s. 26.

Interpretation.

2.— In this Act, except where the context otherwise requires— …

“registered medical practitioner”means a medical practitioner whose name is entered in the register;

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

…

The HSA

Safety, Health and Welfare at Work Act 2005

The Authority

Continuance in being of Authority.

Minister may prescribe persons to perform certain functions.

Transfer of accreditation from Forfás

Functions of Authority.

Schedule 1 Enactments

Conferral of additional functions on Authority.

Establishment of subsidiaries.

Membership of Authority.

Advisory committees.

Chief Executive.

Consultants and advisers.

Disclosure of certain interests by members of Authority.

Disclosure of certain interests by members of staff of Authority.

Strategy statement.

Work programme of Authority.

Grants to Authority.

Power to borrow.

Fees for services, etc.

Accounts and audits.

Attendance before Committee of Public Accounts.

Attendance before other committees of Houses of the Oireachtas.

Reports and information to the Minister.

Staff of Authority

Irish National Accreditation Board

Appeals Board

Appeal to Appeals Board

Regulations and Codes of Practice

Review of legislation.

Regulations.

Codes of practice.

Use of codes of practice in criminal proceedings.

Enforcement

Authorisation of inspectors.

Medical examinations.

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The HSA

Safety, Health and Welfare at Work Act 2005

The Authority

Continuance in being of Authority.

Minister may prescribe persons to perform certain functions.

Transfer of accreditation from Forfás

Functions of Authority.

Schedule 1 Enactments

Conferral of additional functions on Authority.

Establishment of subsidiaries.

Membership of Authority.

Advisory committees.

Chief Executive.

Consultants and advisers.

Disclosure of certain interests by members of Authority.

Disclosure of certain interests by members of staff of Authority.

Strategy statement.

Work programme of Authority.

Grants to Authority.

Power to borrow.

Fees for services, etc.

Accounts and audits.

Attendance before Committee of Public Accounts.

Attendance before other committees of Houses of the Oireachtas.

Reports and information to the Minister.

Staff of Authority

Irish National Accreditation Board

Appeals Board

Appeal to Appeals Board

Regulations and Codes of Practice

Review of legislation.

Regulations.

Codes of practice.

Use of codes of practice in criminal proceedings.

Enforcement

Authorisation of inspectors.

Medical examinations.

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