Employment Equality Act 1998

F109 [ Director General of the Workplace Relations Commission ] and other officers.

75

75. (1) F110 [ ]

(2) F110 [ ]

(2A) F110 [ ]

(3) F110 [ ]

(4) F110 [ ]

F111 [ (4A) F110 [ ]

(4B) The F109 [ Director General of the Workplace Relations Commission ] may delegate to an F109 [ adjudication officer ] or an F109 [ mediation officer ] any functions conferred on him or her under this Act F110 [ ] . ]

(5) The F109 [ Director General of the Workplace Relations Commission ], F109 [ mediation officer ]s and F109 [ adjudication officer ]s shall be independent in the performance of their functions.

(6) Subject to subsection (7), F112 [ the delegation of a function under subsection (4B) ] shall not affect the continuing power of the F109 [ Director General of the Workplace Relations Commission ] to exercise that function concurrently with the officer to whom it is delegated.

(7) Where, under F113 [ subsection (4B) ] , the F109 [ Director General of the Workplace Relations Commission ] has delegated to an officer the function of hearing a case referred to the F109 [ Director General of the Workplace Relations Commission ] F112 [ under section 77 or 86, or under section 21 of the Equal Status Act 2000 ]

( a) the delegation shall be taken to include the power to issue a decision in the case,

( b) the function may not be exercised concurrently by the F109 [ Director General of the Workplace Relations Commission ], and

( c) the delegation may not be revoked or varied except at the request of the officer to whom the function was delegated or if there are exceptional circumstances preventing that officer from acting (or continuing to act).

(8) F110 [ ]

Annotations:

Amendments:

F109

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F110

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(d), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F111

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 30(b)(i), (c) and (d), commenced on enactment.

F112

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 21, commenced on enactment.

F113

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 30(e), commenced on enactment.

Modifications (not altering text):

C24

Functions transferred and “Minister for Justice and Equality” and “Department of Justice and Equality” construed (1.01.2013) by Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012), arts. 2, 3(1)(a), 3(2), commenced as per art. 1(2).

2.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Jobs, Enterprise and Innovation.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Jobs, Enterprise and Innovation.

3.—(1) The functions vested in the Minister for Justice and Equality by or under—

(a) sections 75, 76, 79, 94 and 100 of the Employment Equality Act 1998 (No. 21 of 1998),

...

are transferred to the Minister for Jobs, Enterprise and Innovation.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Jobs, Enterprise and Innovation.

...

C25

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

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.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 21 of 1998

Employment Equality Act 1998

Sections 42(1) and (2), 44(2) and (4), 46(2), 48(3) and (4), 51, 55(1), 59(4) and 75(1), (2) and (4A)

...

...

...

Editorial Notes:

E51

Existing rights commissioners and equality officers continued as adjudication officers for purposes of this Act (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 40(3), S.I. No. 410 of 2015, subject to exceptions in subss. (4)-(6), and term “rights commissioner” to be construed as adjudication officer (subs. (9)).

E52

Previous affecting provision: subs. (2A) inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 30(b)(i), (c) and (d), commenced on enactment; deleted as per F-note above.

E53

Previous affecting provision: subss. (3), (4) substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 30(d), commenced on enactment; deleted as per F-note above.

E54

Previous affecting provision: subs. (4A) inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 30(b)(i), (c) and (d), commenced on enactment; substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 21, commenced on enactment; deleted as per F-note above.