Employment Permits Act 2003


Number 7 of 2003


EMPLOYMENT PERMITS ACT 2003

REVISED

Updated to 30 June 2018


This Revised Act is an administrative consolidation of the Employment Permits Act 2003. 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 Childcare Support Act 2018 (11/2018), enacted 2 July 2018, and all statutory instruments up to and including European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), made 29 June 2018, 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 7 of 2003


EMPLOYMENT PERMITS ACT 2003

REVISED

Updated to 30 June 2018


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

Employment Permits Acts 2003 to 2014 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Employment Permits (Amendment) Act 2014, s. 1(2)). The Acts in the group are:

Employment Permits Act 2003 (7/2003)

Employment Permits Act 2006 (16/2006)

Industrial Relations (Amendment) Act 2012 (32/2012), s. 16(1)

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013 (21/2013), s. 3

Employment Permits (Amendment) Act 2014 (26/2014), other than Parts 4 and 5

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1984, 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

Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017)

Employment Permits (Amendment) Act 2014 (26/2014)

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013 (21/2013)

Industrial Relations (Amendment) Act 2012 (32/2012)

Employment Permits Act 2006 (16/2006)

Employment Equality Act 1998 (21/1998)

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)

European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

European Communities (Free Movement of Persons)(No.2) Regulations 2006 (S.I. No. 656 of 2006)

European Communities (Free Movement of Persons) Regulations 2006 (S.I. No. 226 of 2006)

All statutory instruments up to and including European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), made 29 June 2018, were considered in the preparation of this revision.


Number 7 of 2003


EMPLOYMENT PERMITS ACT 2003

REVISED

Updated to 30 June 2018


ARRANGEMENT OF SECTIONS


Acts Referred to

European Communities Acts 1972 to 2002

Refugee Act 1996

1996, No. 17

Terms of Employment (Information) Act 1994

1994, No. 5


Number 7 of 2003


EMPLOYMENT PERMITS ACT 2003

REVISED

Updated to 30 June 2018


AN ACT TO PROVIDE FOR THE GRANT OF EMPLOYMENT PERMITS IN RESPECT OF NON-NATIONALS, TO PROHIBIT THE EMPLOYMENT OF NON-NATIONALS WHO DO NOT HAVE SUCH PERMITS, TO PROVIDE FOR THE GRANT OF SUCH PERMITS IN RESPECT OF NATIONALS OF CERTAIN STATES UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR RELATED MATTERS. [10 th April, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Employment Permits Acts restricted (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 11(12), in effect as per reg. 1(2).

Labour market access permission

11. ...

(12) The Employment Permits Acts 2006 to 2014 shall not apply to a non-national (within the meaning of that Act) who is an applicant or a recipient.

...

C2

Actions taken in accordance with Act not rendered unlawful by Employment Equality Act 1998 (21/1998), s. 17(2) as substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 10(a), commenced on enactment.

Compliance with statutory requirements etc.

17.— ...

[(2) In relation to discrimination on the basis of nationality, nothing in this Act shall render unlawful any action taken in accordance with the Employment Permits Act 2003. ]

Editorial Notes:

E1

Requirement to inform operator of offence under collectively cited Employment Permits Acts 2003 and 2006 imposed (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), regs. 6, 8 and sch.

E2

Previous affecting provision: application of Act restricted (28.04.2006) by European Communities (Free Movement of Persons) Regulations 2006 (S.I. No. 226 of 2006), reg. 18(1)(b); revoked (1.01.2007) by European Communities (Free Movement of Persons) (No.2) Regulations 2006 (S.I. No. 656 of 2006), reg. 27.