Safety, Health and Welfare at Work Act 2005

Minister may prescribe persons to perform certain functions.

33

33.—(1) Subject to section 34 , the Minister, with the consent of the Minister for Finance, and after consultation with any other Minister of the Government that the Minister considers appropriate, may prescribe persons to perform such functions in lieu of the Authority in respect of the implementation of any of the relevant statutory provisions, and to the extent as may be prescribed.

(2) A person prescribed under this section shall, in accordance with any guidelines given to the person by the Authority—

( a) make adequate arrangements for the performance of functions to the extent prescribed under subsection (1),

( b) perform any other functions conferred on the person by any of the relevant statutory provisions, and

( c) furnish to the Authority an annual report in accordance with subsection (3) and such other reports and information relating to his or her functions and activities under this Act, or as prescribed, as the Authority may from time to time require.

(3) As soon as practicable but in any case not later than 2 months after the end of each year, a person prescribed under this section shall prepare and submit a report (in this section referred to as the “annual report”) to the appropriate Minister referred to in subsection (1) and to the Authority.

(4) The annual report shall be in the form that the Authority may direct and shall include—

( a) information on the performance of the person concerned of his or her functions and activities under this Act or as prescribed, and

( b) any other information that the person considers appropriate or as the Minister may require.

Annotations:

Modifications (not altering text):

C7

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

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.

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Schedule 1 Enactments

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No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

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