Standards in Public Office Act 2001


Number 31 of 2001


STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 13 April 2017


This Revised Act is an administrative consolidation of the Standards in Public Office Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, and all statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 31 of 2001


STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 13 April 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Electoral Acts 1992 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2016 (5/2016), s. 2(2)). The Acts in the group are:

Electoral Act 1992 (23/1992)

Electoral (Amendment) Act 1996 (43/1996)

Electoral Act 1997 (25/1997)

Electoral (Amendment) Act 1998 (4/1998)

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999)

Standards in Public Office Act 2001 (38/2001), insofar as it relates to functions of the Standards in Public Office Commission under the Electoral Act 1997 (25/1997)

Electoral (Amendment) Act, 2002 (4/2002)

Electoral (Amendment) (No. 2) Act 2002 (23/2002)

Electoral (Amendment) Act 2004 (15/2004)

Electoral (Amendment) Act 2005 (16/2005)

Electoral (Amendment) Act 2006 (33/2006)

Electoral (Amendment) Act 2007 (14/2007)

Electoral (Amendment) Act 2009 (4/2009)

Electoral (Amendment) (No. 2) Act 2009 (9/2009)

Electoral (Amendment) Act 2011 (14/2011)

Electoral (Amendment) Act 2012 (27/2012)

Electoral (Amendment) (Political Funding) Act 2012 (36/2012)

Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)

Electoral, Local Government and Planning and Development Act 2013 (27/2013), except Parts 8 and 9

Local Government Reform Act 2014 (1/2014), ss. 1(6), section 5(4), Part 2 of Schedule 2 and paragraphs 17 and 18 of Schedule 4, in so far as it relates to the Electoral Act 1992 (23/1992)

Electoral (Amendment) Act 2014 (8/2014)

Electoral (Amendment) (No. 2) Act 2014 (24/2014)

Electoral (Amendment) Act 2015 (62/2015), ss. 3, 4

Electoral (Amendment) Act 2016 (5/2016)

Acts previously included in the group but now repealed are:

Electoral (Amendment) Act 1995 (21/1995)

Electoral (Amendment) (No. 2) Act 1998 (19/1998)

Ethics in Public Office Acts 1995 and 2001 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Standards in Public Office Act 2001 (31/2001), s. 29(3)). The Acts in the group are:

Ethics in Public Office Act 1995 (22/1995)

Standards in Public Office Act 2001 (31/2001), except in so far as it relates to functions of the Commission under Electoral Act 1997

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Court of Appeal Act 2014 (18/2014)

Protected Disclosures Act 2014 (14/2014)

Electoral Acts 1992 to 2014

Ethics in Public Office Acts 1995 and 2001

Value-Added Tax Consolidation Act 2010 (31/2010)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Aer Lingus Act 2004 (10/2004)

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Pharmaceutical Society of Ireland (Council) Rules 2008 (S.I. No. 492 of 2008)

Standards in Public Office Act 2001 (Commencement Order) 2001 (S.I. No. 576 of 2001)

Standards in Public Office Act 2001 (Sections 15 and 27) Regulations 2001 (S.I. No. 562 of 2001)

All statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this revision.


Number 31 of 2001


STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 13 April 2017


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Establishment and membership of Commission.

3.

Additional functions of Commission.

4.

Complaints to Commission.

5.

Immunity etc., for complainants.

6.

Inquiry officers.

7.

Investigations by Commission.

8.

Identity of Persons making complaints.

9.

Costs of persons appearing before Commission or a Committee.

10.

Codes of conduct.

11.

Provisions in relation to statements under sections 17 and 18 of Principal Act.

12.

Registration date.

13.

Consequential and minor amendments of Principal Act.

14.

Transitional and saver.

15.

Adaptation of references in Principal Act and Act of 1997.

16.

Admissibility of certain evidence.

17.

Obstruction.

18.

Discovery of documents.

19.

Preservation of documents, etc.

20.

Provisions in relation to forms under section 5 of Principal Act and section 24 of Act of 1997.

21.

Evidence of compliance with Acts by members.

22.

Evidence of compliance with Acts before appointment to judicial office.

23.

Evidence of compliance with Acts by holders of senior office.

24.

Evidence of subsequent compliance with Acts by persons who contravene section 21 or 23.

25.

Tax clearance certificates for purposes of section 21, 22, 23 or 24.

26.

Amendment of Statutory Declarations Act, 1938.

27.

Removal of difficulties.

28.

Repeals and revocations.

29.

Short title, commencement, construction and collective citations.

SCHEDULE 1

Amendment of Principal Act

SCHEDULE 2

Repeals

Acts Referred to

Capital Acquisitions Tax Act, 1976

1976, No. 8

Capital Gains Tax Acts

Civil Service Regulation Act, 1956

1956, No. 46

Courts and Court Officers Act, 1995

1995, No. 31

Electoral Act, 1997

1997, No. 25

Electoral Acts, 1992 to 1999

Ethics in Public Office Act, 1995

1995, No. 22

European Parliament Elections Act, 1999

1999, No. 2

Freedom of Information Act, 1997

1997, No. 13

Oireachtas (Allowances to Members) Act, 1938

1938, No. 34

Statutory Declarations Act, 1938

1938, No. 37

Tax Acts

Taxes Consolidation Act, 1997

1997, No. 39

Unfair Dismissals Act, 1977

1977, No. 10

Value-Added Tax Act, 1972

1972, No. 22


Number 31 of 2001


STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 13 April 2017


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMMISSION, TO BE KNOWN AS THE STANDARDS IN PUBLIC OFFICE COMMISSION, TO CONFER ON IT THE FUNCTIONS OF THE PUBLIC OFFICES COMMISSION AND CERTAIN OTHER FUNCTIONS, TO PROVIDE FOR THE FURNISHING OF TAX CLEARANCE CERTIFICATES TO THAT COMMISSION BY PERSONS UPON ELECTION TO EITHER HOUSE OF THE OIREACHTAS OR APPOINTMENT TO JUDICIAL OFFICE OR SENIOR OFFICE, TO AMEND THE STATUTORY DECLARATIONS ACT, 1938, THE ETHICS IN PUBLIC OFFICE ACT, 1995, AND THE ELECTORAL ACT, 1997, AND TO PROVIDE FOR CONNECTED MATTERS. [14 th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

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. 31 of 2001

Standards in Public Office Act 2001

The whole Act

...

...

...

C2

Application of collectively cited Ethics in Public Office Acts 1995 and 2001 restricted (27.09.2006) by Aer Lingus Act 2004 (10/2004), s. 12(1), S.I. No. 475 of 2006.

Certain Acts not to apply to Company.

12.—(1) With effect from the coming into operation of this subsection, the Ethics in Public Office Acts 1995 and 2001, shall cease to apply to the Company.