Organisation of Working Time Act 1997

Non-application of Act or provisions thereof.

3

3. (1) Subject to subsection (4), this Act shall not apply to a member of the Garda Síochána or the Defence Forces.

(2) Subject to subsection (4), Part II shall not apply to—

( a) a person engaged in—

(i) sea fishing,

(ii) other work at sea, or

(iii) the activities of a doctor in training,

( b) a person—

(i) who is employed by a relative and is a member of that relative’s household F7 [ or is employed by the person s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], and

(ii) whose place of employment is a private dwelling house or a farm in or on which he or she and the relative F7 [ or civil partner ] reside, or

( c) a person the duration of whose working time (saving any minimum period of such time that is stipulated by the employer) is determined by himself or herself, whether or not provision for the making of such determination by that person is made by his or her contract of employment.

(3) The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by regulations exempt from the application of a specified provision or provisions of this Act persons employed in any specified class or classes of activity—

( a) involving or connected with the transport (by whatever means) of goods or persons, or

( b) in the civil protection services where, in the opinion of the Minister and any other Minister of the Government in whom functions stand vested in relation to the service concerned, the inherent nature of the activity is such that, if the provision concerned were to apply to the said person, the efficient operation of the service concerned would be adversely affected.

(4) The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by order provide that a specified provision or provisions of this Act or, as the case may be, of Part II shall apply to a specified class or classes of person referred to in subsection (1) or (2) and for so long as such an order remains in force the said provision or provisions shall be construed and have effect in accordance with the order.

(5) The reference in subsection (4) to an order in force shall, as respects such an order that is amended by an order in force under section 7 (4) , be construed as a reference to the first-mentioned order as so amended.

(6) In this section “ relative”, in relation to a person, means his or her spouse, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother or half-sister.

Annotations:

Amendments:

F7

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 5, item 18, S.I. No. 648 of 2010.

Editorial Notes:

E7

Power pursuant to subs. (3) exercised (31.07.2015) by Organisation of Working Time (Non-Application of Certain Provisions to Persons Performing Mobile Road Transport Activities) Regulations 2015 (S.I. No. 342 of 2015).

E8

Power pursuant to section exercised (3.12.2009) by Organisation of Working Time (Exemption of Civil Protection Services) (Amendment) Regulations 2009 (S.I. No. 478 of 2009).

E9

Power pursuant to section exercised (1.03.1998) by Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (S.I. No. 52 of 1998).

E10

Power pursuant to subs. (6) exercised (1.03.1998) by Terms of Employment (Additional Information) Order 1998 (S.I. No. 49 of 1998).

E11

Previous affecting provision: power pursuant to subs. (3) exercised (1.03.1998) by Organisation of Working Time (Exemption of Transport Activities) Regulations 1998 ( S.I. No. 20 of 1998); revoked (1.01.2005) by Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004), reg. 5.