Ethics in Public Office Act 1995

Regulations.

3

3. (1) Subject to subsection (3), the Minister may—

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

( b) make regulations generally for the purpose of giving effect to this Act and, if in any respect any difficulty arises during the period of two years after the commencement of this section in bringing into operation this Act, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation.

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) The Minister may prescribe—

( a) for the purposes of the definition of “ designated directorship” in section 2 , a directorship of a public body, or

( b) for the purposes of the definition of “ designated position” in section 2 , a position of employment in a public body,

if, but only if, he or she considers that it is necessary in the public interest to do so in order to ensure, in a case in which, in the opinion of the Minister, a conflict could arise between an interest referred to in section 17 or, as the case may be, section 18 and the public interest in the performance of a function of such a directorship or position, that the function will not be performed without the disclosure of the first-mentioned interest.

(4) Before making regulations in relation to a matter referred to in subsection (3), the Minister shall consult with such other Ministers of the Government (if any) as he or she considers appropriate.

(5) ( a) The Minister may, by regulations under this section, vary, having regard to any change in the value of money occurring after the passing of this Act, any monetary amount specified in this Act (other than sections 37 and 38 ).

( b) If, on any amendment of the law relating to elections, it appears to the Minister to be expedient—

(i) to amend section 2 (1) for the purpose of assimilating “commercial price” to any definition of “ commercial price” in that law, or

(ii) to amend section 15 (7) for the purpose of assimilating the definition of “ donation” to any definition of “ donation” in that law,

the Minister may for those purposes by regulations amend the definition mentioned first in subparagraph (i) or, as may be appropriate, the definition mentioned first in subparagraph (ii).

( c) Where regulations under this subsection are proposed to be made, a draft of the regulations shall be laid before each House and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(6) Every regulation under this Act (other than subsection (5)) shall be laid before each House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Editorial Notes:

E3

Power pursuant to section and sch. 1 para. 1(13) exercised (21.11.2018) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2018 (S.I. No. 484 of 2018).

E4

Power pursuant to section exercised (21.11.2018) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2018 (S.I. No. 483 of 2018).

E5

Power pursuant to section and sch. 1 para. 1(13) exercised (29.01.2015) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2015 (S.I. No. 36 of 2015).

E6

Power pursuant to section exercised (29.01.2015) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2015 (S.I. No. 35 of 2015).

E7

Power pursuant to section and sch. 1 para. 1(13) exercised (11.07.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2013 (S.I. No. 271 of 2012).

E8

Power pursuant to section exercised (11.07.2013) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2013 (S.I. No. 265 of 2012).

E9

Power pursuant to section exercised (1.01.2013) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2012 (S.I. No. 575 of 2012).

E10

Power pursuant to section exercised (1.01.2011) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2010 (S.I. No. 596 of 2010).

E11

Power pursuant to section and sch. 1 para. 1(13) exercised (25.04.2008 and 14.06.2007) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 145 of 2008).

E12

Power pursuant to section and sch. 1 para. 1(13) exercised (1.01.2007) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of and Positions in Public Bodies) (Amendment) Regulations 2006 (S.I. No. 678 of 2006).

E13

Power pursuant to section exercised (1.01.2007) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2006 (S.I. No. 677 of 2006).

E14

Power pursuant to section exercised (1.01.2005) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004). S.I. No. 698 of 2004 has been amended a number of times, most recently by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2015 (S.I. No. 35 of 2015).

E15

Power pursuant to section exercised (1.01.2005) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 699 of 2004). S.I. No. 699 of 2004 has been amended a number of times, most recently by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2015 (S.I. No. 36 of 2015).

E16

Previous affecting provision: power pursuant to subs. (3) exercised (1.01.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2012 (S.I. No. 582 of 2012); superseded (11.07.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2013 (S.I. No. 271 of 2013).

E17

Previous affecting provision: power pursuant to subs. (3) exercised (19.07.2012) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2012 (S.I. No. 256 of 2012); superseded (1.01.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2012 (S.I. No. 582 of 2012).

E18

Previous affecting provision: power pursuant to section exercised (1.01.2012) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2011 (S.I. No. 707 of 2011); superseded (1.01.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2012 (S.I. No. 582 of 2012).

E19

Previous affecting provision: power pursuant to section exercised (1.01.2012) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2011 (S.I. No. 644 of 2011); superseded (1.01.2013) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2012 (S.I. No. 575 of 2012).

E20

Previous affecting provision: power pursuant to section and sch. 1 para. 1(13) exercised (1.01.2011) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 3) Regulations 2010 (S.I. No. 645 of 2010); superseded (1.01.2012) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2011 (S.I. No. 707 of 2011).

E21

Previous affecting provision: power pursuant to section exercised (10.03.2010) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies)(Amendment)(No.2) Regulations 2010 (S.I. No. 126 of 2010); superseded (1.01.2011) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 3) Regulations 2010 (S.I. No. 645 of 2010).

E22

Previous affecting provision: power pursuant to section and sch. 1 para. 1(13) exercised (1.01.2010) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies)(Amendment) Regulations 2010 (S.I. No. 15 of 2010); superseded (1.01.2011) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 3) Regulations 2010 (S.I. No. 645 of 2010).

E23

Previous affecting provision: power pursuant to section exercised (1.01.2010) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2010 (S.I. No. 5 of 2010); superseded (1.01.2011) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2010 (S.I. No. 596 of 2010).

E24

Previous affecting provision: power pursuant to section exercised (24.07.2009) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2009 (S.I. No. 321 of 2009); superseded (1.01.2010) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2010 (S.I. No. 5 of 2010).

E25

Previous affecting provision: power pursuant to section exercised (24.07.2009) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions In Public Bodies)(Amendment) Regulations 2009 (S.I. No. 320 of 2009); superseded (1.01.2010) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies)(Amendment) Regulations 2010 (S.I. No. 15 of 2010).

E26

Previous affecting provision: power pursuant to section and sch. 1 para. 1(13) exercised (1.01.2009) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 607 of 2008); superseded (1.01.2011) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 3) Regulations 2010 (S.I. No. 645 of 2010).

E27

Previous affecting provision: power pursuant to section exercised (1.01.2009) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2008 (S.I. No. 606 of 2008); superseded (1.01.2010) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2010 (S.I. No. 5 of 2010).

E28

Previous affecting provision: power pursuant to section and sch. 1 para. 1(13) exercised (25.04.2008) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of and Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 146 of 2008); superseded (1.01.2009) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 607 of 2008).

E29

Previous affecting provision: power pursuant to section exercised (1.01.2006) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2005 (S.I. No. 673 of 2005); revoked (1.01.2007) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2006 (S.I. No. 677 of 2006), reg. 3.

E30

Previous affecting provision: power pursuant to section and sch. 1 para. 1(13) exercised (1.01.2006) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of and Positions in Public Bodies) Regulations 2005 (S.I. No. 672 of 2005); superseded (1.01.2007) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of and Positions in Public Bodies) (Amendment) Regulations 2006 (S.I. No. 678 of 2006) and (25.04.2008 and 14.06.2007) by Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 145 of 2008).

E31

Previous affecting provision: power pursuant to section exercised (21.07.1997) by Regulations Entitled Ethics in Public Office Act 1995 (Section 3(1)(B)) Regulations 1997 (S.I. No. 320 of 1997); revoked (10.12.2001) by Standards in Public Office Act 2001 (31/2001), s. 28(3)(c), S.I. No. 576 of 2001.

E32

Previous affecting provision: power pursuant to section exercised (29.02.1996) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 1996 (S.I. No. 57 of 1996); revoked (1.01.2005) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004), reg. 7.

E33

Previous affecting provisions: positions and directorships specified for purposes of definitions by (15.01.1997) Ethics in Public Office (Prescribed Public Body, Designated Directorships and Designated Positions in Public Bodies) Regulations, 1997 (S.I. No. 32 of 1997), amended (15.01.1997) by Ethics in Public Office (Prescribed Public Body, Designated Directorships and Designated Positions in Public Bodies)(Amendment) Regulations 1997 (S.I. No. 310 of 1997); revoked (1.01.2005) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 699 of 2004), reg. 9. S.I. No. 310 of 1997 lapsed as its sole function was to amend S.I. No. 32 of 1997.

E34

Previous affecting provisions: positions prescribed for the purposes of the definition of “designated position”(29.02.1996) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 1996 (S.I. No. 57 of 1996); revoked (1.01.2005) by Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004), reg. 7; and Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2005 (S.I. No. 673 of 2005); revoked (1.01.2007) by Ethics in Public Office (Designated Positions in Public Bodies)(Amendment) Regulations 2006 (S.I. No. 677 of 2006), reg. 3.

E35

E36

S.I. No. 698 of 2004, para. 6 has been amended a number of times, including by S.I. No. 145 of 2008. In seeking to amend para. 6 of the 2004 Regulations, S.I. No. 677 of 2006 referred to para. 6 of the 2005 Regulations. This was rectified by the substitution of para. 6 of the 2004 Regulations by S.I. No. 145 of 2008, para. 2(b), as per E-note above.