Garda Síochána (Functions and Operational Areas) Act 2022
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) This Act may be cited as the Garda SÃ­ochÃ¡na (Functions and Operational Areas) Act 2022.
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
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paragraphs: In this Act—
“Act” has the same meaning as it has in section 2 (1) of the Interpretation Act 2005 ;
“Act of 1925” means the Firearms Act 1925 ;
“Act of 2005” means the Garda SÃ­ochÃ¡na Act 2005 ;
“Commissioner of the Garda SÃ­ochÃ¡na” means the person for the time being appointed as the Commissioner of the Garda SÃ­ochÃ¡na in accordance with section 9 of the Act of 2005, or a person performing the functions of the Commissioner of the Garda SÃ­ochÃ¡na pursuant to an authorisation under section 32 of that Act;
“county of Dublin” means the area comprising the local government areas (within the meaning of the Local Government Act 2001 ) of—
(a) DÃºn Laoghaire-Rathdown,
(b) Fingal,
(c) South Dublin, and
(d) Dublin City;
“Dublin Metropolitan Region” means the operational area of the Garda SÃ­ochÃ¡na known by that name that comprises the county of Dublin, whether or not it also comprises an area of any other county, as determined by the Commissioner of the Garda SÃ­ochÃ¡na under section 33(1) of the Act of 2005;
“enactment” has the same meaning as it has in section 2 (1) of the Interpretation Act 2005 ;
“equivalent division” means, in relation to a Garda district in being immediately before the date on which this section comes into operation, the Garda SÃ­ochÃ¡na division that contains the geographical area of which the district comprised;
“Garda SÃ­ochÃ¡na division” means a division of the Garda SÃ­ochÃ¡na in being that was—
(a) created under a determination under section 33(1) of the Act of 2005 on or after the date on which this section comes into operation,
(b) continued in being on that date by virtue of a determination under section 33(1) of the Act of 2005, or
(c) continued in being on that date by virtue of section 3(2) ;
“Minister” means the Minister for Justice;
“operational area” means an area in which the Garda SÃ­ochÃ¡na are distributed and stationed in the State as may be determined from time to time by the Commissioner of the Garda SÃ­ochÃ¡na;
“statutory instrument” has the same meaning as it has in section 2 (1) of the Interpretation Act 2005 .
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paragraphs: (1) The Regulations of 1924, in so far as they are not already revoked, are revoked.
(2) Subject to subsections (3) and (4), on or after the date on which this section comes into operation, notwithstanding the revocation of the Regulations of 1924 by subsection (1), Regulation 1 of those Regulations shall remain in operation in respect of each Division to which it applies.
(3) Regulation 1 of the Regulations of 1924 shall no longer apply in respect of a Division where, on or after the date on which this section comes into operation, the Commissioner of the Garda SÃ­ochÃ¡na makes a determination under section 33(1) of the Act of 2005 in respect of the area previously covered by the Division.
(4) The determination referred to in subsection (3) is a determination specifying the Garda SÃ­ochÃ¡na division in which the area previously covered by the Division is situated.
(5) In this section—
“Division” means a Division referred to in Regulation 1 of the Regulations of 1924;
“Regulations of 1924” means the Garda Siochana (Designations, Appointments and Discipline) Regulations 1924 (30/06/1924).
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paragraphs: (1) Each provision, specified in column (4) of Schedule 1 , of the corresponding Act specified in column (3) of that Schedule, is amended in the manner specified in column (5) of that Schedule opposite the mention of that provision.
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paragraphs: (1) Each provision, specified in column (4) of Schedule 3 , of the corresponding Act specified in column (3) of that Schedule, is amended in the manner specified in column (5) of that Schedule opposite the mention of that provision.
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paragraphs: The Act of 1925 is amended by the insertion of the following section after section 25C:
“Delegation of certain functions of Superintendent
25CA. (1) A Superintendent in a Garda division may delegate in writing the functions conferred on a Superintendent by the following sections:
(a) section 2(5);
(b) section 2(7);
(c) section 3 in relation to applications for firearm certificates (other than restricted firearm certificates);
(d) section 4A(12);
to an Inspector of the Garda SÃ­ochÃ¡na in the division, to be performed in accordance with this section.
(2) An Inspector to whom functions are delegated under subsection (1) shall not be considered by virtue of that delegation to be acting as a Superintendent within the meaning of section 1(3).
(3) Where functions of a Superintendent are delegated under subsection (1)—
(a) the delegation shall confer on and vest in the Inspector to whom the functions are delegated each of the functions so delegated,
(b) every function so delegated shall be exercisable and performed by the Inspector in his or her own name but subject to the general superintendence and control of the Superintendent who made the delegation and subject to any conditions or restrictions stated in the delegation,
(c) every function so delegated shall, subject to paragraph (b)—
(i) continue to be vested in the Superintendent who made the delegation,
(ii) be vested concurrently with the Inspector to whom the function is delegated, and
(iii) be capable of being exercised or performed by either that Superintendent or that Inspector,
(d) a reference in this Act to a Superintendent performing a function that has been delegated under subsection (1) shall include a reference to the Inspector to whom the function has been delegated,
(e) the Superintendent who made the delegation may at any time revoke the delegation in writing, and
(f) the delegation shall terminate if the Superintendent who made the delegation ceases to be a Superintendent in the division concerned or if the Inspector to whom the delegation is made ceases to be an Inspector in the division concerned.”.
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paragraphs: Section 10 of the Sex Offenders Act 2001 is amended—
(a) in paragraph (a) of subsection (8), by the substitution of “divisional headquarters or which has been designated by the Commissioner of the Garda SÃ­ochÃ¡na for the purposes of this subsection” for “divisional or district headquarters”,
(b) in paragraph (b) of subsection (8), by the substitution of “headquarters or is designated under paragraph (a)” for “headquarters”, and
(c) by the insertion of the following subsection after subsection (8):
“(8A) A designation under subsection (8)(a) shall be in writing and the Commissioner of the Garda SÃ­ochÃ¡na shall cause a list of the Garda SÃ­ochÃ¡na stations so designated to be published.”.
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paragraphs: Section 92 of the Criminal Justice Act 2006 is amended—
(a) in paragraph (a) of subsection (8), by the substitution of “divisional headquarters or which has been designated by the Commissioner of the Garda SÃ­ochÃ¡na for the purposes of this subsection” for “divisional or district headquarters”,
(b) in paragraph (b) of subsection (8), by the substitution of “headquarters or is designated under paragraph (a)” for “headquarters”, and
(c) by the insertion of the following subsection after subsection (8):
“(8A) A designation under subsection (8)(a) shall be in writing and the Commissioner of the Garda SÃ­ochÃ¡na shall cause a list of the Garda SÃ­ochÃ¡na stations so designated to be published.”.
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paragraphs: (1) The Minister may, by regulations made under this section, amend a statutory instrument made under an Act other than this Act, for the following purposes:
(a) to amend a reference to a Garda district or sub-district to refer to a division of the Garda SÃ­ochÃ¡na (howsoever expressed);
(b) to amend a reference to a specified superintendent of the Garda SÃ­ochÃ¡na (including in relation to the performance by the superintendent of functions) to refer to one or more superintendents or inspectors of the Garda SÃ­ochÃ¡na;
(c) to amend a reference to a specified sergeant of the Garda SÃ­ochÃ¡na (including in relation to the performance by the sergeant of functions) to refer to one or more sergeants of the Garda SÃ­ochÃ¡na;
(d) to amend a reference to a specified District Garda SÃ­ochÃ¡na Headquarters to a specified Garda SÃ­ochÃ¡na station;
(e) to amend a definition where that definition refers to a Garda district or a specified superintendent to refer to a division of the Garda SÃ­ochÃ¡na (howsoever expressed) or to one or more superintendents or inspectors of the Garda SÃ­ochÃ¡na, as the case may be;
(f) to provide that a reference in a statutory instrument that came into operation on or after 1 January 1946 to a Garda operational area called the Dublin Metropolitan Area is to be construed as a reference to the Dublin Metropolitan Region;
in order to give effect to a determination of the Commissioner of the Garda SÃ­ochÃ¡na under section 33(1) of the Act of 2005, whether the determination was made before or after the date on which this section comes into operation.
(2) Regulations made under this section may amend more than one statutory instrument, and each such instrument may have been made under a different Act.
(3) Regulations made under this section may include any necessary savings or transitional provisions.
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paragraphs: (1) Subject to subsections (2) and (3), on or after the date on which this section comes into operation, a reference howsoever expressed in any enactment that is in operation on that date—
(a) to a Garda district or a Garda SÃ­ochÃ¡na district, or to a sub-district of any such district, shall be construed as a reference to the equivalent division, and
(b) to—
(i) the superintendent of the Garda SÃ­ochÃ¡na for the district,
(ii) the superintendent of the Garda SÃ­ochÃ¡na of the district,
(iii) the superintendent in the Garda SÃ­ochÃ¡na district,
(iv) the superintendent of the Garda SÃ­ochÃ¡na within whose district,
(v) the superintendent in charge of the Garda SÃ­ochÃ¡na district, or
(vi) the superintendent of the district,
shall be construed as a reference to a superintendent of the Garda SÃ­ochÃ¡na in the equivalent division.
(2) Subsection (1)(a) shall not apply to a reference to an operational area that is referred to in the enactment concerned as, or is, by virtue of any other enactment, to be construed as a reference to, the Dublin Metropolitan District.
(3) Subsection (1) shall not apply to an enactment—
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paragraphs: (1) A reference in an enactment to which this section applies to a Garda division shall be construed as a reference to a Garda SÃ­ochÃ¡na division.
(2) This section applies to an enactment—
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paragraphs: (1) A reference in an enactment, other than an enactment amended by this Act, to a district or other operational area of the Royal Irish Constabulary or the Civic Guard insofar as that reference is not already to be construed as a reference to an operational area within the meaning of this Act shall, on and after the date on which this section comes into operation, and unless the contrary intention appears, be construed as a reference to the relevant division.
(2) In this section “relevant division” means the Garda SÃ­ochÃ¡na division that contains the geographical area of which the district or other operational area referred to in subsection (1) comprised.
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paragraphs: (1) A register that, immediately before the date on which this section comes into operation, was kept by a Superintendent of a Garda district under a relevant provision shall, on and after that date, be kept by the relevant person in the equivalent division.
(2) Where, before the date on which this section comes into operation, a certificate, licence, notice or other document has been granted, made or given by a person under a relevant enactment and is effective immediately before that date—
(a) if the Superintendent of a Garda district granted, made or gave the certificate, licence, notice or other document under a relevant provision, the document shall, on or after that date, be taken to have been granted, made or given by a relevant person in the equivalent division,
(b) a reference in the certificate, licence, notice or other document to the Superintendent of a Garda district (whether by rank or name) in accordance with a relevant provision shall, on or after that date, be taken to be a reference to a relevant person in the equivalent division, and
(c) a reference in the certificate, licence, notice or other document to a Garda district in accordance with a relevant provision shall, on or after that date, be taken to be a reference to the equivalent division.
(3) A document provided, or a notice or notification given, before the date on which this section comes into operation, in accordance with a relevant provision, by a person other than a member of the Garda SÃ­ochÃ¡na, or by a court, to the Superintendent of a Garda district and that is effective immediately before that date, shall, on or after that date, be taken to have been provided or given to a relevant person in the equivalent division.
(4) If an order of a court has been made under a relevant enactment before the date on which this section comes into operation and is in effect immediately before that date, a reference in the order, under a relevant provision, to a Garda district or to the Superintendent of a Garda district shall, on or after that date, be taken to be a reference to the equivalent division or, as the case may be, to a relevant person in the equivalent division.
(5) Where, immediately before the date on which this section comes into operation, any legal proceedings relating to any act or decision of the Superintendent of a Garda district under a relevant provision or to which a relevant provision refers are pending or in being (including proceedings where an appeal of a decision may be made), the relevant person in the equivalent division shall be substituted in the proceedings for that of the Superintendent of the Garda district and the proceedings shall not abate by reason of such substitution.
(6) Where a relevant enactment is amended by this Act, any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, the relevant enactment before the date on which this section comes into operation may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, and for those purposes—
(a) any step in the proceedings in accordance with a relevant provision may be taken with reference to the equivalent division or taken by or with reference to the relevant person, as the case may be, and
(b) the proceedings shall not abate by reason of the operation of this Act.
(7) Where a process (including any type of application process) provided for in a relevant enactment is ongoing at the date on which this section comes into operation and one or more steps in the process was taken in accordance with the relevant enactment before that date—
(a) if any step in the process was taken by or with reference to the Superintendent of a Garda district before that date in accordance with a relevant provision, it shall, on or after that date, be taken to have been made by or with reference to the relevant person in the equivalent division,
(b) if any step in the process was taken with reference to a Garda district before that date in accordance with a relevant provision, it shall, on or after that date, be taken to have been taken with reference to the equivalent division,
(c) other steps in the process may be taken on or after that date in accordance with the relevant enactment as amended by this Act, and
(d) any right of appeal may be exercised in accordance with the relevant enactment concerned as amended by this Act.
(8) Where, before the date on which this section comes into operation, the Superintendent of a Garda district does an act or performs a function that is in effect immediately before that date under a relevant provision, then, on or after that date, the act shall be deemed to have been done, or the function performed, by the relevant person in the equivalent division.
(9) This section is without prejudice to sections 14 to 23 .
(10) In this section—
“relevant enactment” means—
num: 14
paragraphs: A warrant that—
(a) before the date on which this section comes into operation, is addressed to the superintendent or an inspector of the Garda SÃ­ochÃ¡na of the Garda SÃ­ochÃ¡na district within which the place where the warrant is issued is situated or the person named in the warrant resides, in accordance with section 25 (1) of the Petty Sessions (Ireland) Act 1851 , and
(b) is in effect immediately before that date,
shall, on or after that date, be deemed to have been addressed to a superintendent or an inspector of the Garda SÃ­ochÃ¡na in the Garda SÃ­ochÃ¡na division within which the place where the warrant is issued is situated or the person named in the warrant resides, as the case may be.
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paragraphs: Where, before the date on which this section comes into operation—
(a) a firearm certificate was granted by a superintendent falling within the definition of “issuing person” in section 1 of the Act of 1925, then on or after that date, the superintendent falling within that definition as amended by section 4 (1), shall, where required for the purposes of the application of section 5(1) of the Act of 1925, be deemed to be the person who granted the firearm certificate referred to in that section,
(b) a certificate referred to in section 5A(1) of the Act of 1925 was granted by a superintendent falling within the definition of “issuing person” in section 1 of the Act of 1925, then on or after that date, the superintendent falling within that definition as amended by section 4 (1), shall, where required for the purposes of the application of section 5A(1) of the Act of 1925, be deemed to be the person who granted the certificate referred to in that section, and
(c) a decision was made, or deemed to have been made, by a superintendent falling within the definition of “issuing person” in section 1 of the Act of 1925 that was appealed, whether before or after that date, under section 15A(1) of the Act of 1925, then, on or after that date, the superintendent falling within that definition as amended by section 4 (1) shall, where required for the purposes of the application of subsections (3)(b) and (4) of the said section 15A, be deemed to be the person who made the decision referred to in that section.
num: 16
paragraphs: (1) Where, before the date on which this section comes into operation, an application for a certificate of personal fitness was made to the Superintendent for a Garda district under section 4 of the Act of 1931, then on or after that date—
(a) the Inspector of the Garda SÃ­ochÃ¡na referred to in subsection (1)(a), (1)(b), (2)(a) or (2)(b), as the case may be, of section 4 of the Act of 1931 shall, where required for the purposes of the application of section 4(5) of that Act, be deemed to be the person to whom the application concerned referred to in that section was made, and
(b) the Inspector of the Garda SÃ­ochÃ¡na referred to in subsection (1)(a), (1)(b), (2)(a) or (2)(b), as the case may be, of section 4 of the Act of 1931 shall, where required for the purposes of the application of section 4(6) of that Act, be deemed to be the person to whom the application concerned referred to in that section was made.
(2) On or after the date on which this section comes into operation, any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, the Act of 1931 before that date may be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the Act of 1931 had not been amended by this Act.
(3) Where, before the date on which this section comes into operation, a Superintendent has made a decision in relation to an application for a certificate of personal fitness but has not notified the Revenue Commissioners in accordance with section 4(10) of the Act of 1931 before that date, the said section 4(10) shall, on or after that date, be construed as if the Inspector referred to in that section had made the decision and he or she may so notify the Revenue Commissioners accordingly.
(4) On or after the date on which this section comes into operation, a reference in paragraph (b), (c) or (d) of section 5B(2) of the Act of 1931 to a refusal by an Inspector of the Garda SÃ­ochÃ¡na concerned shall include a reference to a refusal by the Superintendent of the Garda SÃ­ochÃ¡na concerned within the meaning of that Act before that date.
(5) On or after the date on which this section comes into operation, a reference in section 5C(1)(b) of the Act of 1931 to information provided to an Inspector of the Garda SÃ­ochÃ¡na shall include a reference to information provided to a Superintendent of the Garda SÃ­ochÃ¡na before that date.
(6) On or after the date on which this section comes into operation, a reference in section 10(4) of the Act of 1931 to the receipt by an inspector of the Garda SÃ­ochÃ¡na of an application shall include a reference to receipt by a superintendent of the Garda SÃ­ochÃ¡na of an application before that date.
(7) On or after the date on which this section comes into operation, a reference in section 11(1)(mm) of the Act of 1931 to notification by the Revenue Commissioners of an Inspector of the Garda SÃ­ochÃ¡na in the Garda SÃ­ochÃ¡na division in which the premises referred to in that section are situate shall include a reference to notification by the Revenue Commissioners before that date of the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the relevant premises were situate.
(8) In this section “Act of 1931” means the Betting Act 1931 .
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paragraphs: (1) Where, before the date on which this section comes into operation, an application for a gaming permit was made to a superintendent of the Garda SÃ­ochÃ¡na under section 9A(1) of the Act of 1956, then on or after that date—
(a) the inspector of the Garda SÃ­ochÃ¡na referred to in section 9A(1) of the Act of 1956 shall, where required for the purposes of the application of section 9A(3) of that Act, be deemed to be the person to whom the application concerned referred to in that section was made, and
(b) the inspector of the Garda SÃ­ochÃ¡na referred to in section 9A(1) of the Act of 1956 shall, where required for the purposes of the application of section 9A(4) of that Act, be deemed to be the person to whom the application for a gaming permit referred to in that section was made.
(2) Each register kept by a superintendent of the Garda SÃ­ochÃ¡na under section 9A(16) of the Act of 1956 immediately before the date on which this section comes into operation shall, on and after that date, continue in being and shall form part of the register kept by the Chief Superintendent of the equivalent division under the said section 9A(16).
(3) If a hearing referred to in section 17(2) of the Act of 1956 is held on or after the date on which this section comes into operation and a notice in writing under section 16(1)(a) of that Act had been given to a Superintendent before that date, the Superintendent, in addition to the other persons referred to in the said section 17(2), may appear and may adduce evidence at the hearing in relation to the application referred to in that section.
(4) Where, before the date on which this section comes into operation, an application for a lottery permit was made to a superintendent of the Garda SÃ­ochÃ¡na under section 27B(1) of the Act of 1956, then on or after that date—
(a) the inspector of the Garda SÃ­ochÃ¡na referred to in section 27B(1) of the Act of 1956 shall, where required for the purposes of the application of section 27B(3) of that Act, be deemed to be the person to whom the application concerned referred to in that section was made,
(b) the inspector of the Garda SÃ­ochÃ¡na referred to in section 27B(1) of the Act of 1956 shall, where required for the purposes of the application of section 27B(4) of that Act, be deemed to be the person to whom the application for a lottery permit referred to in that section was made, and
(c) the inspector of the Garda SÃ­ochÃ¡na referred to in section 27B(1) of the Act of 1956 shall, where required for the purposes of the application of section 27B(5) of that Act, be deemed to be the person to whom the application for a lottery permit referred to in that section was made.
(5) Each register kept by a superintendent of the Garda SÃ­ochÃ¡na under section 27B(15) of the Act of 1956 immediately before the date on which this section comes into operation shall, on and after that date, continue in being and shall form part of the register kept by the Chief Superintendent of the equivalent division under the said section 27B(15).
(6) If—
(a) before the date on which this section comes into operation, the superintendent of the Garda SÃ­ochÃ¡na referred to in section 28(4) of the Act of 1956 has appeared and adduced evidence in a hearing referred to in that section, and
(b) the hearing is still ongoing on or after that date,
then, on or after that date, that superintendent may continue to adduce evidence and be heard at that hearing.
(7) In this section “Act of 1956” means the Gaming and Lotteries Act 1956 .
num: 18
paragraphs: Where, before the date on which this section comes into operation, an authorisation was granted under section 13 of the Firearms Act 1964 by the Superintendent of a district, then, on or after that date, a reference in section 13(5) of that Act to the division in which the authorisation was granted shall be taken to be a reference to the equivalent division.
num: 19
paragraphs: Where, before the date on which this section comes into operation, an authorisation was granted under section 9B of the Firearms and Offensive Weapons Act 1990 by the Superintendent of a district, then, on or after that date, a reference in section 9B(5) of that Act to the division in which the authorisation was granted shall be taken to be a reference to the equivalent division.
num: 20
paragraphs: (1) Where, before the date on which this section comes into operation, a Superintendent referred to in section 39(4) of the Act of 1996 has entered into arrangements with a person under that section, then, on or after that date, for the purposes of section 18(3)(e) of that Act, an Inspector shall be deemed to have entered into those arrangements.
(2) Any reference to a Superintendent in bye-laws made before the date on which this section comes into operation by a local authority under section 39(2) of the Act of 1996 shall, on and after that date, be deemed to be a reference to an Inspector.
(3) Where the date on which this section comes into operation occurs after representations were made to a Superintendent under section 40(3) of the Act of 1996 but before a decision was made by the Superintendent under section 40(4) of that Act, then, on or after that date, the reference in the said section 40(4) to representations made to him or her shall be taken to be a reference to the representations made to the Superintendent.
(4) Each register kept by a Superintendent under section 42(2) of the Act of 1996 before the date on which this section comes into operation shall, on and after that date, continue in being and shall form part of the register kept by the Chief Superintendent of the Garda SÃ­ochÃ¡na division concerned under the said section 42(2).
(5) Section 13 shall apply to the amendment of the Act of 1996 by section 4 (1) as if—
(a) before the date of the coming into operation of this section, a reference in the definition of “Superintendent” in section 2(1) of the Act of 1996 to the Superintendent for an area were a reference to the Superintendent of a Garda district, and
(b) on or after the date of the coming into operation of this section, a reference in the definition of “Inspector” in section 2(1) of the Act of 1996 to an Inspector in an area were a reference to an Inspector in a Garda SÃ­ochÃ¡na division.
(6) In this section—
“Act of 1996” means the Control of Horses Act 1996 ;
“Inspector” has the same meaning as it has in section 2(1) (as amended by section 4 (1)) of the Act of 1996.
num: 21
paragraphs: (1) Where, before the date on which this section comes into operation, an individual in applying for a certificate of fitness under section 109B of the Act of 2010, makes a statement or provides information to a Superintendent of the Garda SÃ­ochÃ¡na that he or she knows, or ought reasonably to know, is false or misleading in a material respect, then, on or after that date, for the purposes of the operation of section 109B(7) of that Act, the statement or information shall be deemed to have been made or provided, as the case may be, to an Inspector of the Garda SÃ­ochÃ¡na in the equivalent division.
(2) Where, before the date on which this section comes into operation, a Superintendent of the Garda SÃ­ochÃ¡na refuses an application for a certificate of fitness, then, on or after that date, a reference in section 109D(2) or 109E of the Act of 2010 to the Inspector of the Garda SÃ­ochÃ¡na concerned shall be construed as if the Inspector had refused the application.
(3) In this section “Act of 2010” means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 .
num: 22
paragraphs: Where, before the date on which this section comes into operation, a superintendent in the Garda SÃ­ochÃ¡na district referred to in section 25 (7) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 was informed of the fact that the sample referred to in that section had proved to be insufficient or was inadequately labelled, as the case may be, and the date on which this section comes into operation occurs within the period of one month referred to in that section, then, on or after that date, a superintendent of the equivalent division shall be deemed to have been so informed.
num: 23
paragraphs: (1) If, before the date on which this section comes into operation, an application under Regulation 25(1) of the Regulations of 2016 was made to a person specified in paragraph (d) of the definition in those Regulations of “recipient competent authority” for approval of a transfer but approval under Regulation 25(2) of the Regulations of 2016 had not been granted before that date, then, on or after that date—
(a) a reference in Regulation 25(2) of the Regulations of 2016 to the recipient competent authority that receives an application under Regulation 25(1) shall be read as if the person specified in the said paragraph (d), as amended by section 4 (2), had received the application, and
(b) a reference in Regulation 26(1) of the Regulations of 2016 to the recipient competent authority to which an application under Regulation 25(1) is made shall be read as if the person specified in the said paragraph (d), as amended by section 4 (2), had been the recipient competent authority to which the application was made.
(2) If, before the date on which this section comes into operation, a person specified in paragraph (d) of the definition in the Regulations of 2016 of “recipient competent authority” has—
(a) made a determination under Regulation 26(3)(a) of the Regulations of 2016 and has required an economic operator to provide information, then, on or after that date, a reference in Regulation 27 of those Regulations to the recipient competent authority concerned or the authority concerned shall be read as a reference to the person specified in the said paragraph (d), as amended by section 4 (2), or
(b) granted an approval under Regulation 28 of the Regulations of 2016, then, on or after that date, a reference in Regulation 30(1) of those Regulations to the recipient competent authority or the authority concerned shall be read as a reference to the person specified in the said paragraph (d), as amended by section 4 (2).
(3) In this section “Regulations of 2016” means the European Union (Making Available on the Market and Supervision of Explosives for Civil Uses) Regulations 2016 ( S.I. No. 423 of 2016 ).
num: 24
paragraphs: (1) Where, before the date of the coming into operation of this section, a person (whether by notice in writing, notification or otherwise) or a court has imposed—
(a) a condition on a person requiring him or her, or
(b) a requirement on a person,
to reside or remain in a particular Garda district in accordance with a relevant provision then, on or after that date, the requirement to reside or remain in the Garda district shall be taken to be a requirement to reside or remain in the geographical area of which that Garda district comprised immediately before that date.
(2) Where, before the date of the coming into operation of this section, a person has entered into a recognisance that is subject to the condition that the person resides or remains in a particular Garda district in accordance with a relevant provision, then, on or after that date, the condition shall be taken to be that the person resides or remains in the geographical area of which the Garda district comprised immediately before that date.
(3) In this section—
“relevant enactment” means an enactment specified—
num: 25
paragraphs: Any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of—
(a) section 10 of the Sex Offenders Act 2001 , or
(b) section 92 of the Criminal Justice Act 2006 ,
before the date of the coming into operation of this section may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the said section 10 had not been amended by section 7 , or the said section 92 had not been amended by section 8 , as the case may be.
num: 26
paragraphs: (1) This section shall apply where, on or after the date on which this section comes into operation, under a determination under section 33(1) of the Act of 2005, a Garda SÃ­ochÃ¡na division (in this section referred to as an “existing division”) is amalgamated with one or more other Garda SÃ­ochÃ¡na divisions to form a new division (in this section referred to as a “new division”).
(2) Where a determination referred to in subsection (1) is made, the relevant enactments shall apply, with any necessary modifications, in respect of the new division concerned.
(3) Without prejudice to the generality of subsection (2), for the purposes of that subsection, sections 13 to 23 shall apply to the relevant enactments as if—
(a) a reference in those sections to the date of the coming into operation of the section were a reference to the date of the coming into effect of the determination referred to in subsection (1),
(b) a reference in those sections to a Garda SÃ­ochÃ¡na district, howsoever expressed, were a reference to the existing division,
(c) a reference in those sections to the equivalent division, howsoever expressed, were a reference to the new division, and
(d) in the case of a reference in those sections to the Superintendent of a Garda SÃ­ochÃ¡na district, howsoever expressed—
(i) the reference to the Superintendent were a reference to the member of the rank provided for in the relevant enactment concerned as amended by section 4 or construed under section 10 , as the case may be, and
(ii) the reference to the Garda SÃ­ochÃ¡na district were a reference to the existing division.
(4) In this section “relevant enactments” means the enactments to which sections 13 to 23 apply.
num: 27
paragraphs: Section 3(1) of the Act of 2005 is amended by the insertion of the following definitions:
“‘controlled drug’ has the same meaning as it has in section 2 of the Misuse of Drugs Act 1977 ;
‘psychoactive substance’ means a psychoactive substance within the meaning of section 1 of the Criminal Justice (Psychoactive Substances) Act 2010 to which that Act applies;
‘sample’ means a sample of any of the following taken, or to be taken, from a person:
(a) urine;
(b) hair, other than pubic hair;
(c) oral fluid, including saliva;
(d) blood;”.
num: 28
paragraphs: Section 26 of the Act of 2005 is amended by the insertion of the following paragraph after paragraph (a):
“(aa) to perform the functions assigned to him or her by regulations made under section 122(1)(kk) and any associated functions;”.
num: 29
paragraphs: Section 122 of the Act of 2005 is amended—
(a) in subsection (1), by the insertion of the following paragraph after paragraph (k):
“(kk) the establishment, maintenance and operation of a regime of testing for controlled drugs and psychoactive substances, which may provide for—
(i) subject to subparagraph (ii), a prohibition on the presence of controlled drugs or psychoactive substances above a specified concentration in a sample,
(ii) the procedures to be followed where a person is exposed to a controlled drug or psychoactive substance in the course of and as a result of his or her functions or employment,
(iii) the taking of samples,
(iv) a prohibition on tampering with a sample,
(v) the persons from whom a sample may be taken for testing,
(vi) the persons who may be permitted to take a sample,
(vii) the information to be provided to a person required to provide a sample,
(viii) matters with regard to the testing and analysis of samples,
(ix) the reasons for testing, which may include—
(I) pre-employment testing,
(II) testing of Garda trainees,
(III) random testing,
(IV) targeted drug testing,
(V) with-cause testing, or
(VI) post-incident testing,
(x) the concentration of a controlled drug or psychoactive substance required to be present to yield a positive result in a sample,
(xi) how samples are to be stored,
(xii) the period during which samples may be stored,
(xiii) the reviewing of test results, and
(xiv) such ancillary and incidental provisions as he or she considers necessary or expedient for the purposes of establishing, maintaining and operating the regime of testing for controlled drugs and psychoactive substances;”,
and
(b) by the insertion of the following subsection after subsection (5):
“(5A) A regulation under section 122(1)(kk) may apply to any or all of the following:
(a) applicants seeking appointment to the position of member of the Garda SÃ­ochÃ¡na;
(b) Garda trainees;
(c) members (including members on probation);
(d) the persons referred to in subparagraphs (ii) to (v) of section 122(5)(b);
(e) members of the civilian staff of the Garda SÃ­ochÃ¡na;
and make different provision for the different persons, or categories, grades or ranks of persons, falling within paragraphs (a) to (e) above.”.
num: 30
paragraphs: Section 123(2) of the Act of 2005 is amended—
(a) in paragraph (f), by the substitution of “station,” for “station, and”,
(b) in paragraph (g), by the substitution of “performance, and” for “performance.”, and
(c) by the insertion of the following paragraph after paragraph (g):
“(h) failure to comply with regulations made under section 122(1)(kk).”.
num: 31
paragraphs: Schedule 5 to the Act of 2005 is amended, in paragraph 7, by the substitution of “liquor, controlled drugs or psychoactive substances or a combination of liquor, controlled drugs or psychoactive substances” for “liquor or drugs or a combination of liquor and drugs”.