Garda Síochána Act 2005

31

Delegation of Garda Commissioner’s functions.

31.— (1) Subject to the regulations, the Garda Commissioner may, in writing, delegate any of his or her functions under this Act to—

( a) members of the Garda Síochána specified by rank or name, or

( b) members of the Garda Síochána’s civilian staff specified by grade, position, name or otherwise.

(2) A delegation under this section may—

( a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

( b) be made subject to conditions or restrictions, and

( c) be revoked or varied by the Garda Commissioner at any time.

(3) The delegation of a function does not preclude the Garda Commissioner from performing the function.

(4) Where the Garda Commissioner’s functions under a provision of this Act are delegated to a person, any references in that provision to the Commissioner are to be read as references to that person.

(5) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Garda Commissioner.

Annotations:

Modifications (not altering text):

C2

References construed and functions of Commissioner extended by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 95A(3) as inserted (12.12.2019) by European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019), reg. 6(c), in effect as per reg. 1(2).

[Eurojust national member

95A.

...

[(2) The following persons or bodies shall, upon the request of the Eurojust national member, grant the member access to, or provide the member with the information contained in, the register or registers specified in paragraphs (a) to (k) in respect of the person or body concerned, in accordance with Article 9 of the 2018 Regulation, where such access or information is necessary for the performance by the member of the member’s functions:

(a) the Commissioner of the Garda Síochána, in respect of registers held by the Garda Síochána relating to investigations, arrested persons and criminal records, including the Criminal Records Database and the database commonly known as PULSE;

(b) Forensic Science Ireland of the Department of Justice and Equality, in respect of the DNA Database System;

(c) the Director of Public Prosecutions, in respect of the case management system of the Office of the Director of Public Prosecutions;

(d) the Courts Service, in respect of court records;

(e) the Revenue Commissioners, in respect of the case management system of the Commissioners;

(f) the Criminal Assets Bureau, in respect of the case management system of the Bureau;

(g) the Central Authority, in respect of the case management system of the Authority;

(h) the Central Authority in the State (within the meaning of section 3(1C) of the Extradition Act 1965), in respect of the case management system of the Authority;

(i) the Garda Síochána Ombudsman Commission, in respect of the case management system of the Commission;

(j) the Director of Corporate Enforcement, in respect of the case management system of the Office of the Director of Corporate Enforcement;

(k) any other public authority, in respect of a register held by the authority.

(3) Section 31 of the Garda Síochána Act 2005 shall apply to the function of the Commissioner of the Garda Síochána under subsection (2)(a) and a reference in that section to a function under that Act or under a provision of that Act shall be construed as including a reference to the function of the Commissioner under subsection (2)(a). ]

... ]

C3

Application of section restricted (1.06.2007) by Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007), reg. 6(1), in effect as per reg. 2, as amended (3.11.2015) by Garda Síochána (Discipline) (Amendment) Regulations 2015 (S.I. No. 503 of 2015, reg. 2(b).

Restriction on delegation by Commissioner of functions under these regulations

6. (1) A delegation in writing by the Commissioner in accordance with section 31 of any functions to which this regulation applies may be made only to a member, or members of a specified rank, not below the rank of chief superintendent [or to the Chief Administrative Officer or to the Executive Director, Human Resources and People Development ].

(2) Such a delegation may be made subject to any such terms, conditions or restrictions as may be determined by the Commissioner.

(3) This regulation applies to any of the Commissioner’s functions under these regulations except those relating to dismissal, a requirement to retire or resign as an alternative to dismissal or a reduction in rank.