FREEDOM OF INFORMATION ACT 1997

Regulations.

3

3. (1) The Minister may—

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

( b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act,

( c) if, during the first 3 years of application of this Act to a public body specified in subparagraph (3), (4) or (5) of paragraph 1 of the First Schedule , any difficulty arises in bringing this Act into operation in so far as it applies to that body, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation in so far as it applies to that body and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act, and

( d) if in any other respect any difficulty arises during the period of 3 years from the commencement of this Act in bringing this Act into operation, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act.

(2) Regulations under this Act 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) Where the Minister proposes to make regulations under paragraph (c) or (d) of subsection (1) or for the purposes of paragraph 1 (5), or under paragraph 3, of the First Schedule , he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(4) Where the Minister proposes to make regulations under subsection (1)(c), he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government in relation to the proposed regulations.

(5) Regulations prescribing a body, organisation or group (“the body”) for the purposes of paragraph 1 (5) of the First Schedule may provide that this Act shall apply to the body only as respects specified functions of the body, and this Act shall apply and have effect in accordance with any such provision.

(6) Every regulation under this Act (other than a regulation referred to in subsection (3)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such 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 exercised (6.03.2014) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2014 (S.I. No. 140 of 2014).

E4

Power pursuant to section exercised (23.09.2009) by Freedom of Information Act, 1997 (Section 28(6)) Regulations 2009 (S.I. No. 387 of 2009).

E5

Power pursuant to section exercised (23.09.2009) by Freedom of Information Act 1997 (Section 18(5a)) Regulations 2009 (S.I. No. 386 of 2009).

E6

Power pursuant to section exercised (23.09.2009) by Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 (S.I. No. 385 of 2009).

E7

Power pursuant to section exercised (31.05.2006) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006 (S.I. No. 297 of 2006).

E8

Power pursuant to section exercised (19.11.2003) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2003 (S.I. No. 642 of 2003).

E9

Power pursuant to section, s. 34(1)(c) and s. 47 exercised (7.07.2003) by Freedom of Information Act 1997 (Fees) Regulations 2003 (S.I. No. 264 of 2003).

E10

Power pursuant to section exercised (22.05.2003) by Freedom of Information Act 1997 (Miscellaneous Revocations) Regulations 2003 (S.I. No. 206 of 2003).

E11

Power pursuant to section exercised (1.11.2002) by Freedom of Information Act 1997 (Prescribed Bodies) (No. 2) Regulations 2002 (S.I. No. 530 of 2002).

E12

Power pursuant to section exercised (1.06.2002) by Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2002 (S.I. No. 359 of 2002).

E13

Power pursuant to section exercised (1.10.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 4) Regulations 2001 (S.I. No. 475 of 2001).

E14

Power pursuant to section and s. 28(7) exercised (25.07.2001) by Freedom of Information Act, 1997 (Classes of Health Professionals) Regulations 2001 (S.I. No. 368 of 2001).

E15

Power pursuant to section exercised (21.01.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations 2001 (S.I. No. 128 of 2001).

E16

Power pursuant to section exercised (21.01.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 2) Regulations 2001 (S.I. No. 127 of 2001).

E17

Power pursuant to section exercised (21.01.2001) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2001 (S.I. No. 126 of 2001).

E18

Power pursuant to section exercised (21.10.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations 2000 (S.I. No. 355 of 2000).

E19

Power pursuant to section exercised (26.04.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) (No. 2) Regulations 2000 (S.I. No. 115 of 2000).

E20

Power pursuant to section exercised (1.03.2000) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2000 (S.I. No. 67 of 2000).

E21

Power pursuant to section exercised (21.10.1999) by Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2000 (S.I. No. 329 of 1999).

E22

Power pursuant to section exercised (6.07.1999) by Freedom of Information Act, 1997 (First Schedule) (Amendment) Regulations 1999 (S.I. No. 209 of 1999).

E23

Power pursuant to section and s. 6(4)(b) exercised (12.02.1999) by Freedom of Information Act, 1997 (Section 6(4)(b) Regulations 1999 (S.I. No. 46 of 1999).

E24

Power pursuant to section exercised (22.12.1998) by Freedom of Information Act, 1997 (Third Schedule) (Amendment) Regulations 1998 (S.I. No. 524 of 1998).

E25

Power pursuant to section and s. 47(3) exercised (22.12.1998) by Freedom of Information Act, 1997 (Section 47(3)) (Amendment) Regulations 1998 (S.I. No. 522 of 1998).

E26

Power pursuant to section exercised (22.12.1998) by Freedom of Information Act, 1997 (Section 28(1)) (Amendment) Regulations 1998 (S.I. No. 521 of 1998).

E27

Power pursuant to section exercised (22.12.1998) by Freedom of Information Act, 1997 (Section 25(6)) Regulations 1998 (S.I. No. 520 of 1998).

E28

Power pursuant to section exercised (22.12.1998) by Freedom of Information Act, 1997 (Section 18) Regulations 1998 (S.I. No. 519 of 1998).

E29

Power pursuant to section exercised (22.12.1998) by Freedom of Information Act, 1997 (Section 17) Regulations 1998 (S.I. No. 518 of 1998).

E30

Power pursuant to section exercised (21.12.1998) by Freedom of Information Act, 1997 (First Schedule) (Amendment) Regulations 1998 (S.I. No. 523 of 1998).

E31

Power pursuant to section and s. 47(3) exercised (1.05.1998) by Freedom of Information Act, 1997 (Section 47(3) Regulations 1998 (S.I. No. 139 of 1998) as amended (22.12.1998) by Freedom of Information Act, 1997 (Section 47(3)) (Amendment) Regulations 1998 (S.I. No. 522 of 1998).

E32

Previous affecting provision: Freedom of Information Act, 1997 (Section 28(6)) Regulations 1999 (S.I. No. 47 of 1999), revoked (23.09.2009) by Freedom of Information Act, 1997 (Section 28(6)) Regulations 2009 (S.I. No. 387 of 2009).

E33

Previous affecting provision: Freedom of Information Act 1997 (Section 18(5A)) Regulations 2003 (S.I. No. 266 of 2003) revoked (23.09.2009) by Freedom of Information Act 1997 (Section 18(5a)) Regulations 2009 (S.I. No. 386 of 2009).

E34

Previous affecting provision: Freedom of Information Act 1997 (Section 17(6)) Regulations 2003 (S.I. No. 265 of 2003) revoked (23.09.2009) by Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 (S.I. No. 385 of 2009).

E35

Previous affecting provision: Freedom of Information Act, 1997 (Sections 6(9)) Regulations 1998 (S.I. No. 517 of 1998), reg. 3, revoked (22.05.2003) by Freedom of Information Act 1997 (Miscellaneous Revocations) Regulations 2003 (S.I. No. 206 of 2003), reg. 2(b).

E36

Previous affecting provision: Freedom of Information Act, 1997 (Sections 6(4), 6(5), and 6(6)) Regulations 1998 (S.I. No. 516 of 1998), reg. 2, revoked (22.05.2003) by Freedom of Information Act 1997 (Miscellaneous Revocations) Regulations 2003 (S.I. No. 206 of 2003), reg. 2(a).