Equal Status Act 2000

Offence-related provisions.

44

44. F92 [ (1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Workplace Relations Commission or the Irish Human Rights and Equality Commission. ]

F92 [ (2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. ]

(3) F93 [ ]

(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any provision of this Act may be instituted within 12 months from the date of the offence.

Annotations:

Amendments:

F92

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(j)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F93

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(j)(iii), S.I. No. 410 of 2015, subject to transitional provisions in subs. (2).

Modifications (not altering text):

C9

Functions transferred and terms Minister for 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, subject to transitional provisions in arts. 4-8.

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

...

(b) Part III and section 41 (2) of the Equal Status Act 2000 (No. 8 of 2000),

(c) subsections (1) and (4) of section 41 of the Equal Status Act 2000 in so far as they relate to the provisions referred to in paragraph (b), and

(d) section 44 (1) of the Equal Status Act 2000, in so far as it relates to summary proceedings for an offence under sections 36(4) or 37(1) of that Act,

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.