Financial Emergency Measures in the Public Interest Act 2009

Financial Emergency Measures in the Public Interest Act 2009


Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009 (Repealed)

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest Act 2009. 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 Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this revision.

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 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 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 first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1989, 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

Public Service Pay and Pensions Act 2017 (34/2017)

Financial Emergency Measures in the Public Interest Act 2015 (39/2015)

State Airports (Shannon Group) Act 2014 (27/2014)

ESB (Electronic Communications Networks) Act 2014 (5/2014)

Financial Emergency Measures in the Public Interest Act (18/2013)

Education and Training Boards Act 2013 (11/2013)

Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Central Bank Reform Act 2010 (23/2010)

Social Welfare and Pensions Act 2009 (10/2009)

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018)

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2017 (S.I. No. 272 of 2017)

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2017 (S.I. No. 128 of 2016)

Health Professionals (Payments to General Practitioners) (National Immunisation Programmes) Regulations 2016 (S.I. No. 577 of 2016)

Health Professionals (Variations of Payments to General Practitioners) Regulations 2016 (S.I. No. 223 of 2016)

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2016 (S.I. No. 23 of 2016)

Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2013 (S.I. No. 279 of 2013)

Health Professionals (Reduction of Payments to General Practitioners) (National Immunisation Programmes) Regulations 2013 (S.I. No. 278 of 2013)

Health Professionals (Reduction of Payments to General Practitioners) Regulations 2013 (S.I. No. 277 of 2013)

Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2013 (S.I. No. 276 of 2013)

Health Professionals (Reduction of Payments to Ophthalmologists, Optometrists and Dispensing Opticians) Regulations 2013 (S.I. No. 274 of 2013)

Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) (Adjustment) Regulations 2013 (S.I. No. 231 of 2013)

Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2012 (S.I. No. 548 of 2012)

Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2012 (S.I. No. 232 of 2012)

Health Professionals (Reduction of Payments to General Practitioners) (National Immunisation Programmes) Regulations 2011 (S.I. No. 556 of 2011)

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

Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 (S.I. No. 300 of 2011)

Health Professionals (Reduction of Payments to Optometrists for Certain Services) Regulations 2011 (S.I. No. 261 of 2011)

Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2011 (S.I. No. 135 of 2011)

Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010 (S.I. No. 638 of 2010)

Health Professionals (Reduction of Payments in respect of Services under the National Cervical Screening Programme) Regulations 2010 (S.I. No. 510 of 2010)

Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2010 (S.I. No. 473 of 2010)

Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2010 (S.I. No. 264 of 2010)

Financial Emergency Measures in the Public Interest (Farm Waste Management Scheme) Order 2009 (S.I. No. 503 of 2009)

Health Professionals (Reduction of Payments to General Practitioners) Regulations 2009 (S.I. No. 262 of 2009)

Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2009 (S.I. No. 246 of 2009)

Financial Emergency Measures in the Public Interest (Reduction in Payments to Veterinary Practitioners) Regulations 2009 (S.I. No. 216 of 2009)

Social Welfare (Reduction of Payments to Health Professionals) Regulations 2009 (S.I. No. 198 of 2009)

Health Professionals (Reduction of Payments to Opthalmologists, Optometrists and Dispensing Opticians) Regulations 2009 (S.I. No. 195 of 2009)

Health Professionals (Reduction of Payments in Respect of Services under the National Cervical Screening Programme) Regulations 2009 (S.I. No. 173 of 2009)

Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2009 (S.I. No. 172 of 2009)

Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2009 (S.I. No. 171 of 2009)

Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) Regulations 2009 (S.I. No. 159 of 2009)

All statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this revision.


Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 2018




Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 2018


AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR THE PAYMENT OF A CONTRIBUTION BY CERTAIN PERSONS IN THE PUBLIC SERVICE (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS) WHO ARE MEMBERS OF AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED) WHICH IS PROVIDED FOR UNDER THE SUPERANNUATION ACTS 1834 TO 1963 OR ANY OTHER ENACTMENT OR ADMINISTRATIVE MEASURE TO LIKE EFFECT OR IS REQUIRED TO BE MADE, APPROVED OF OR CONSENTED TO (HOWEVER EXPRESSED) BY ONE OR MORE THAN ONE MINISTER OF THE GOVERNMENT, TO PROVIDE FOR THE REDUCTION OF THE AMOUNT PAYABLE, OR RATE OF PAYMENT, OUT OF MONEY PROVIDED BY THE OIREACHTAS OR THE CENTRAL FUND OR THE GROWING PRODUCE OF THAT FUND TO CERTAIN PERSONS FOR CERTAIN SERVICES TO OR ON BEHALF OF THE STATE, TO PROVIDE FOR THE AMENDMENT OF SECTION 4 OF THE LOCAL GOVERNMENT ACT 1998, THE INCOME TAX ACTS AND PART 4A OF THE SOCIAL WELFARE CONSOLIDATION ACT 2005, TO PROVIDE FOR THE DEFERRAL OF LIABILITIES, ACCRUALS OR PAYMENTS DUE UNDER A SCHEME KNOWN AS THE FARM WASTE MANAGEMENT SCHEME AND TO PROVIDE FOR RELATED MATTERS.

[27 th February, 2009]

WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred, which threaten the well-being of the community;

AND WHEREAS as a consequence a serious deterioration in the revenues of the State has occurred and there are significant and increasing Exchequer commitments in respect of public service pensions;

AND WHEREAS it is necessary to cut current Exchequer spending substantially to demonstrate to the international financial markets that public expenditure is being significantly controlled so as to ensure continued access to international funding, and to protect the State’s credit rating and reverse the erosion of the State’s international competitiveness;

AND WHEREAS the burden of job losses and salary reductions in the private sector has been very substantial and it is equitable that the public sector should share that burden;

AND WHEREAS it is necessary to take the measures in this Act as part of a range of measures to address the economic crisis;

AND WHEREAS the value of public service pensions is significantly and markedly more favourable than those generally available in other employment—

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Act repealed (1.01.2018 and 1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per ss. 1(2) and 4(2), subject to transitional provisions in ss. 43 and 44.

C2

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).

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

...

No. 5 of 2009

...

...

Financial Emergency Measures in the Public Interest Act 2009

...

...

The whole Act (except section 13)

...

C3

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9(3), 11 and sch. 2 part 2, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.— ...

(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 2

Functions performable after consultation with Minister for Finance

Number and Year

Short Title

Provision

...

No. 5 of 2009

...

...

Financial Emergency Measures in the Public Interest Act 2009

...

...

Section 13

...

Editorial Notes:

E1

Annual review of operation, effectiveness and impact of Act required (5.06.2013) by Financial Measures in the Public Interest Act 2013 (18/2013), s. 12(2), commenced on enactment.

1.

Interpretation.

1.— F1 [ ]

Annotations:

Amendments:

F1

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

Editorial Notes:

E2

Previous affecting provision: section amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 52, S.I. No. 211 of 2013; repealed as per F-note above.

E3

Previous affecting provision: section amended (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 3, S.I. No. 683 of 2011; repealed as per F-note above.

E4

Previous affecting provision: section amended (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(14) and sch. 2 part 14 item 31, S.I. No. 469 of 2010, repealed as per F-note above.

2.

Deduction to be made from remuneration of public servants.

2.— (1) This section applies to a person—

( a) who—

(i) is a public servant on 1 March 2009, or

(ii) is not a public servant on that date but after that date is appointed or otherwise becomes a public servant, and

( b) who, on 1 March 2009 or at any time afterwards—

(i) is a member of a public service pension scheme,

(ii) is entitled to a benefit under such a scheme, or

(iii) receives a payment in lieu of membership in such a scheme.

(2) In this section, a person to whom this section applies F2 [ , other than a public servant referred to in paragraph ( e ) or ( f ) of the definition of that term in section 1, ] is referred to as a “relevant person”.

F3 [ (3) The person who is responsible for, or authorises, the payment of remuneration to a relevant person shall, subject to subsection (3A), deduct or cause to be deducted an amount

(a) in the case of the year 2016, at the applicable rate or rates specified in Table A to this subsection in respect of that year, and

(b) in the case of the year 2017 and each subsequent year, at the applicable rate or rates specified in Table B to this subsection in respect of that year,

from the remuneration from time to time payable to the relevant person for any such year.

TABLE A

Amount of Remuneration

Rate of deduction

Up to 26,083

Exempt

Any excess over 26,083 but not over 60,000

10 per cent

Any amount over 60,000

10.5 per cent

TABLE B

Amount of Remuneration

Rate of deduction

Up to 28,750

Exempt

Any excess over 28,750 but not over 60,000

10 per cent

Any amount over 60,000

10.5 per cent ]

F4 [ (3A) If in any case where

( a ) a public servant was a relevant person at any time between 1 March 2009 and 30 April 2009 and either

(i) was on 30 April 2009 a relevant person and continued to be a relevant person on 1 May 2009 but subsequently ceased to be a relevant person on or before 31 December 2009, or

(ii) having ceased to be a public servant before 1 May 2009, becomes a relevant person again on or before 31 December 2009,

and

( b ) the application of Table B and Table C to subsection (3) to so much of the period 1 March 2009 to 31 December 2009 as the public servant was a relevant person would result or has resulted in a higher amount being deducted than would have been deducted had Table A to subsection (3) applied to the entire of that period,

then, unless the amount of remuneration concerned exceeds 160,000 during the period 1 March 2009 to 31 December 2009, Table A to that subsection shall be applied in respect of the period 1 March 2009 to 31 December 2009. ]

F5 [ (3B) The person who is responsible for, or authorises, the payment of remuneration to a public servant referred to in paragraph (e) or (f) of the definition of that term in section 1 shall deduct or cause to be deducted an amount

(a) in the case of the year 2016, at the applicable rate or rates specified in Table A to this subsection in respect of that year, and

(b) in the case of the year 2017 and each subsequent year, at the applicable rate or rates specified in Table B to this subsection in respect of that year,

from the remuneration from time to time payable to the relevant person for any such year.

TABLE A

Amount of Remuneration

Rate of deduction

Up to 26,083

Exempt

Any excess over 26,083 but not over 60,000

10 per cent

Any amount over 60,000

10.5 per cent

TABLE B

Amount of Remuneration

Rate of deduction

Up to 28,750

Exempt

Any excess over 28,750 but not over 60,000

10 per cent

Any amount over 60,000

10.5 per cent ]

(4) The deduction which this section requires shall be made in accordance with any regulations made by the Minister under section 3 .

(5) This section has effect notwithstanding—

( a) any other enactment,

( b) any pension scheme or arrangement,

( c) any other agreement or contractual arrangement, or

( d) any understanding, expectation, circular or instrument or other document.

Annotations:

Amendments:

F2

Inserted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 4(1)(a), S.I. No. 683 of 2011.

F3

Substituted (1.01.2016) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 5(3), commenced as per subs. (3) and S.I. No. 546 of 2015.

F4

Substituted and inserted (1.05.2009) by Social Welfare and Pensions Act 2009 (10/2009), s. 13, commenced as per s. 13.

F5

Substituted by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 5(6), commenced as per subs. (6) and S.I. No. 546 of 2015.

F6

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C4

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

2.— F6 [ ]

C5

Subs. (3) construed (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 5(1) and (2), S.I. No. 546 of 2015.

Amendment of Act of 2009

5. (1) Section 2 of the Act of 2009 shall be taken to have effect for the year 2015 as if the following Table were substituted for Table D to subsection (3):

“TABLE D

Amount of Remuneration

Rate of deduction

Up to €17,500

Exempt

Any excess over €17,500 but not over €20,000

2.5 per cent

Any excess over €20,000 but not over €60,000

10 per cent

Any amount over €60,000

10.5 per cent

”.

(2) Where an amount was deducted from a relevant person (within the meaning of section 2 of the Act of 2009) in the year 2015 in excess of the amount required to be deducted as a result of the operation of subsection (1), the person who is responsible for, or authorises, the payment of remuneration to the relevant person shall repay or cause to be repaid to that relevant person the amount in excess of the amount required to be deducted as a result of the operation of subsection (1).

C6

Subs. (3B) construed for 2015 (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (30/2015), s. 5(4) and (5), S.I. No. 546 of 2015.

5. ...

(4) Subsection (3B) of section 2 of the Act of 2009 shall be taken to have effect for the year 2015 as if the following Table were substituted for the Table to that subsection:

“TABLE

Amount of Remuneration

Rate of deduction

Up to €17,500

Exempt

Any excess over €17,500 but not over €20,000

2.5 per cent

Any excess over €20,000 but not over €60,000

10 per cent

Any amount over €60,000

10.5 per cent

”.

(5) Where an amount was deducted from a public servant referred to in paragraph (e) or (f) of the definition of that term in section 1 of the Act of 2009 in the year 2015 in excess of the amount required to be deducted by virtue of subsection (4), the person who is responsible for, or authorises, the payment of remuneration to the public servant shall repay to the public servant the amount in excess of the amount required to be deducted by virtue of subsection (4).

C7

Application of section confirmed (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 4(2), S.I. No. 683 of 2011.

Amendment of section 2 of Financial Emergency Measures in the Public Interest Act 2009.

4.— ...

(2) The amendments effected by subsection (1) shall apply to a military judge appointed under Chapter IVC of Part V of the Defence Act 1954 notwithstanding section 184L(4) of that Act.

Editorial Notes:

E5

Previous affecting provision: subs. (3) including Table D and subs. (3B) including Table amended and substituted (1.01.2014) by Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 11, commenced as per s. 11; subss. (3), (3B) substituted as per F-notes above.

E6

Previous affecting provision: subs. (3) substituted and inserted (1.05.2009) by Social Welfare and Pensions Act 2009 (10/2009), s. 13, commenced as per s. 13; substituted as per F-note above.

3.

Regulations in relation to collection arrangements, etc.

3.— (1) The Minister may make regulations for the purposes of the calculation, making, collection, disposal and recovery of deductions made under section 2 .

(2) Without prejudice to the generality of subsection (1), the Minister may make provision in regulations under this section for any of the following:

( a) the calculation, deduction and collection of deductions to be made on the basis of the best estimate that can reasonably be made of remuneration likely to be chargeable to tax under Schedule E to the Taxes Consolidation Act 1997 during the period concerned and the averaging of deductions from each public servant over that period;

( b) the deduction, from any grant or vote of, or other payment to, a public service body out of money provided directly or indirectly by the Oireachtas or from the Central Fund or the growing produce of that Fund, of such sum as nearly as can be estimated represents all or some of the deductions under section 2 that will fall due during the period to which the grant, vote or other payment relates and for the issuing of directions by the Minister to the persons concerned;

( c) dealing with any overpayment or underpayment of deductions;

( d) subject to sections 2(3) and 4 , the manner in which, and the periods within which, deductions are to be made and deductions, or any class of deductions, are to be paid into or disposed of for the benefit of the Exchequer;

( e) designating the persons or classes of persons liable to account for deductions;

( f) providing details on a periodic basis to persons concerned of the amounts deducted under this Act;

( g) where a person fails to deduct or remit deductions in accordance with this Act and regulations made under this section, the deduction from any grant or vote of, or other payment to, a public service body out of money provided directly or indirectly by the Oireachtas or from the Central Fund or the growing produce of that Fund.

Annotations:

Amendments:

F7

Repealed repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C8

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

3.— F7 [ ]

4.

Obligation to make payments into Exchequer, etc.

4.— (1) Without prejudice to subsection (2), and subject to—

( a) any requirement under any regulations made under section 3 to repay any overpayment, or

( b) any requirement arising under section 5 or 6 to repay any deduction,

deductions made under section 2 shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister or otherwise paid or disposed of as the Minister may direct.

(2) Where any amount deducted under section 2 (other than an amount referred to in paragraph (a) or (b) of subsection (1)) has not been duly remitted in accordance with any regulations under section 3 , then the Minister may, in addition to any means of recovery provided for by regulations under that section, recover the amount from the person obliged to remit it as a simple contract debt in any court of competent jurisdiction.

Annotations:

Amendments:

F8

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C9

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

4.— F8 [ ]

5.

Certain public servants’ right to give notice.

5.— (1) A public servant (other than a serving member of the Permanent Defence Force) who on 1 March 2009 had less than two years in service and was accruing benefits in a public service pension scheme but did not have any preserved rights to a pension under that scheme may give, at any time before 1 April 2009, one month’s written notice to terminate his or her employment, office or position as a public servant.

(2) A written notice in accordance with subsection (1) has effect without that person being required to comply with any contractual or statutory requirement to give any longer period of notice before ceasing to be a public servant.

(3) Where a person to whom subsection (1) relates terminates his or her employment, office or position as a public servant after 1 March 2009 in accordance with that subsection, and at the time of termination has less than two years in service, then, notwithstanding any other provision of this Act, any deduction made pursuant to section 2 from the remuneration of that person as a public servant shall be repaid to him or her.

Annotations:

Amendments:

F9

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C10

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

5.— F9 [ ]

6.

Deductions made from remuneration of certain persons who cease to be public servants.

6.— (1) Any deduction made pursuant to section 2 (other than in respect of a person to whom subsection (1)(b)(iii) of that section relates) from the remuneration as a public servant of a person who ceases to be a public servant, to whom no superannuation benefit (including preserved benefit, within the meaning given by section 28 of the Pensions Act 1990) has accrued and whose service is not transferred to another public service body in accordance with arrangements approved by the Minister for the Environment, Heritage and Local Government or the Minister for Finance, shall not be treated as a deduction for the purposes of this Act.

(2) The person liable to account for any deduction referred to in subsection (1) shall repay it, as soon as practicable, to the person from whose remuneration it was deducted.

(3) If a person receives a repayment under subsection (2) on ceasing to be a public servant and subsequently wishes to have the service in respect of which that repayment was made reckoned for superannuation purposes, then—

( a) the person shall refund the repayment plus compound interest (in accordance with arrangements determined by the Minister) to the person who made the repayment to him or her, and

( b) that refund plus the amount of interest payable under paragraph (a) is to be treated as a deduction under section 2 .

Annotations:

Amendments:

F10

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C11

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

6.— F10 [ ]

7.

No additional benefit, etc.

7.— (1) Nothing in this Act is to be read as conferring any additional benefit payable, or that may become payable, under a public service pension scheme.

(2) A deduction under section 2 is not a pension contribution for the purposes of the Pensions Act 1990.

Annotations:

Amendments:

F11

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C12

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

7.— F11 [ ]

8.

Exemption, etc., from deductions in certain circumstances.

8.— Where the Minister is satisfied that there is a particular class or group of public servants who, by reason of exceptional circumstances (because of some particular aspect or condition of their employment, office or position) which, in the Minister’s opinion, are materially distinguished from other classes or groups of public servants to which section 2 applies, then the Minister, if he or she considers it to be just and equitable in all the circumstances to do so, may by direction—

( a) exempt that class or group from deductions under section 2 , either entirely or to such extent as the Minister considers appropriate, or

( b) modify the obligation under section 2 to make deductions from their remuneration in such manner as the Minister thinks fit, having regard to the nature and degree of the financial burden that would otherwise be borne by that class or group,

and the provisions of this Act relating to deductions, and of any regulations made under any of those provisions, shall be read subject to any such direction.

Annotations:

Amendments:

F12

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

Modifications (not altering text):

C13

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

8.— F12 [ ]

9.

Reduction of payments to health professionals.

9.— (1) Notwithstanding any other enactment, contract, arrangement, understanding, expectation, circular or instrument or other document, the Minister for Health and Children may, with the consent of the Minister for Finance, by regulation, F13 [ vary ], whether by formula or otherwise, the amount or the rate of payment to be made to health professionals, or classes of health professionals, in respect of any services that they render to or on behalf of a health body from the date of the regulation.

(2) Subsection (1) shall apply to the services rendered from the date of the regulation, notwithstanding that the health professionals concerned may have commenced the provision of the service prior to the date of the regulation.

(3) A regulation made under subsection (1) may fix different amounts or rates for different services, and as and from the date of the regulation, there shall be no entitlement to payment in excess of the amounts and rates so specified, although nothing in this section shall prevent any health professional from providing a service for a lesser amount or at a lower rate.

(4) Prior to making a regulation under subsection (1), the Minister for Health and Children, or, at that Minister’s direction, the health body concerned, shall engage in such consultations as that Minister considers appropriate.

(5) A regulation made under subsection (1) shall fix amounts or rates that the Minister for Health and Children considers to be fair and reasonable in the light of the purposes of this Act, having regard to the matters which that Minister considers appropriate, including any or all of the following:

( a) the terms of any existing contractual arrangements or understandings with the health professionals concerned or any expectation on their part;

( b) the terms of any circular, instrument, or document which apply to the health professionals concerned;

( c) any submissions made and views expressed during the consultations under subsection (4);

( d) the nature of the services rendered by different classes of health professionals and the general nature of expenses and commitments of the health professionals providing those services;

F13 [ (e) the impact, if any, on the State s ability to continue to provide health services at existing levels; ]

F13 [ (f) the fairness and efficiency of any method of effecting any amendment to payments having regard to the requirements of good and effective administration; and ]

F14 [ (g) the need to retain firm control of current Exchequer expenditure so as to ensure ongoing access to international funding and improve competitiveness, while taking into account the continuing risks to the public finances which remain, and the need to meet the State s commitments to have a prudent fiscal policy under the Stability and Growth Pact and the Fiscal Compact. ]

(6) The powers conferred on or exercised by the Minister for Health and Children under this section shall not affect any existing right to negotiate or amend rates or contracts generally which that Minister or the health body concerned enjoys apart from this section, and those rights may be exercised in conjunction with, in addition to or instead of the powers conferred by this Act.

(7) Consultations under subsection (4) shall be completed no later than 30 days after the Minister for Health and Children gives notice of the commencement of the consultations.

(8) A health professional who does not wish to continue to render services to or on behalf of the health body concerned on the basis of a payment regime fixed in a regulation made under subsection (1) may give 30 days’ notice to that effect to the health body and, on the expiration of those 30 days, shall be relieved of any obligation to render those services notwithstanding any contractual or other term with regard to notice.

(9) If a health body receives notice from a health professional under subsection (8), it may, notwithstanding any other enactment, contract, implementing circular, instrument or other document, engage the services of other health professionals to ensure that the services continue to be available.

(10) The Minister for Health and Children may define the manner in which consultations under subsection (4) are to be conducted and conduct them in such manner, and with such representatives of health professionals or otherwise, as he or she considers appropriate, and nothing in the Competition Act 2002 shall prevent participation by that Minister or any such representative in such consultations, or the communication and discussion of the outcome of such consultations by the representatives with the health professionals they represent.

(11) The Minister for Health and Children may make regulations to do anything that appears necessary or expedient for bringing this section into operation, or facilitating its operation, with a view to fulfilling the purposes for which this Act was enacted.

(12) Regulations made under subsection (11) may contain such incidental, supplementary and consequential provisions as appear to the Minister for Health and Children to be necessary or expedient for the purposes of the regulations.

(13) Without prejudice to section 13 , the Minister for Health and Children may from time to time and shall, before 30 June in 2010 and every year after 2010, carry out a review of the operation, effectiveness and impact of the amounts and rates fixed by regulation under this section and consider the appropriateness of those amounts and rates, having regard to any change of circumstances and in particular any alteration of any of the matters mentioned in subsection (5).

(14) If, after completing a review under subsection (13), the Minister for Health and Children considers it appropriate to do so, that Minister may, with the consent of the Minister for Finance, by regulation adjust (whether by formula or otherwise) the amount or the rate of payment to be made to health professionals, or classes of health professionals, in respect of any services that they render to or on behalf of a health body from the date of the regulation.

(15) Subsections (2) to (12) apply, with the necessary modifications, to the making of regulations under subsection (14).

(16) Regulations made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulations.

(17) In this section—

“health body” means the Health Service Executive and any other body under the aegis of the Minister for Health and Children wholly or partly funded by the Exchequer to which, or on behalf of which, health professionals render services; and

“health professional” includes—

( a) a registered medical practitioner,

( b) a registered dentist,

( c) a registered pharmacist,

( d) an optometrist,

( e) an ophthalmologist,

( f) a podiatrist, and

( g) a chiropodist.

(18) Where the provider of a service of a kind normally provided by a health professional is a company or other body corporate, or the legal personal representative of a deceased health professional, a reference in this section to a health professional includes the company or other body corporate or legal personal representative.

(19) In this section, payment in respect of a service rendered by a health professional includes payment in respect of goods provided by that health professional as part of the service.

Annotations:

Amendments:

F13

Substituted (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 8(a), (b)(i), (ii), S.I. No. 546 of 2015.

F14

Inserted (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 8(b)(iii), S.I. No. 546 of 2015.

F15

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2). Provision made in s. 43 for regulations made under subs. (1) to remain in operation for a period of one year following the repeal of this section.

Modifications (not altering text):

C14

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

9.— F15 [ ]

Editorial Notes:

E7

Power pursuant to section exercised (1.07.2017) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) (Amendment) Regulations 2017 (S.I. No. 272 of 2017).

E8

Power pursuant to section exercised (1.12.2016) by Health Professionals (Payments to General Practitioners) (National Immunisation Programmes) Regulations 2016 (S.I. No. 577 of 2016).

E9

Power pursuant to section exercised (5.05.2016) by Health Professionals (Variations of Payments to General Practitioners) Regulations 2016 (S.I. No. 233 of 2016).

E10

Power pursuant to section exercised (24.07.2013) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2013 (S.I. No. 279 of 2013).

E11

Power pursuant to section exercised (24.07.2013) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2013 (S.I. No. 279 of 2013).

E12

Power pursuant to section exercised (24.07.2013) by Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2013 (S.I. No. 276 of 2013).

E13

Power pursuant to section exercised (24.07.2013) by Health Professionals (Reduction of Payments to Ophthalmologists, Optometrists and Dispensing Opticians) Regulations 2013 (S.I. No. 274 of 2013).

E14

Power pursuant to section exercised (19.12.2012) by Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2012 (S.I. No. 548 of 2012).

E15

Power pursuant to section exercised (29.10.2010) by Health Professionals (Reduction of Payments in respect of Services under the National Cervical Screening Programme) Regulations 2010 (S.I. No. 510 of 2010).

E16

Power pursuant to section exercised (29.05.2009) by Financial Emergency Measures In the Public Interest (Reduction In Payments To Veterinary Practitioners) Regulations 2009 (S.I. No. 216 of 2009), as amended (1.06.2010) by Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2010 (S.I. No. 264 of 2010), reg. 3, and (29.06.2012) by Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners)(Adjustment) Regulations 2012 (S.I. No. 232 of 2012), reg. 3.

E17

Power pursuant to section exercised (1.05.2009) by Health Professionals (Reduction of Payments To Registered Dentists) Regulations 2009 (S.I. No. 171 of 2009).

E18

Previous affecting provision: power pursuant to section exercised (24.07.2013) by Health Professionals (Reduction of Payments to General Practitioners) (National Immunisation Programmes) Regulations 2013 (S.I. No. 278 of 2013); revoked (1.12.2016) by Health Professionals (Payments to General Practitioners) (National Immunisation Programmes) Regulations 2016 (S.I. No. 577 of 2016), reg. 5.

E19

Previous affecting provisions: power pursuant to section exercised (24.07.2013) by Health Professionals (Reduction of Payments to General Practitioners) Regulations 2013 (S.I. No. 277 of 2013); revoked (5.05.2016) by Health Professionals (Variations of Payments to General Practitioners) Regulations 2016 (S.I. No. 233 of 2016); reg. 6.

E20

Previous affecting provision: power pursuant to section exercised (3.11.2011) by Health Professionals (Reduction of Payments to General Practitioners) (National Immunisation Programmes) Regulations 2011 (S.I. No. 556 of 2011); revoked (24.07.2013) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2013 (S.I. No. 278 of 2013), reg. 5.

E21

Previous affecting provision: power pursuant to section exercised (20.06.2011) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 (S.I. No. 300 of 2011); revoked (24.07.2013) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 (S.I. No. 279 of 2013), reg. 5.

E22

Previous affecting provision: power pursuant to section exercised (1.06.2011) by Health Professionals (Reduction of Payments to Optometrists for Certain Services) Regulations 2011 (S.I. No. 261 of 2011); revoked (24.07.2013) by Health Professionals (Reduction of Payments to Ophthalmologists, Optometrists and Dispensing Opticians) Regulations 2013 (S.I. No. 274 of 2013), reg. 5(b).

E23

Previous affecting provision: power pursuant to section exercised (28.03.2011) by Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2011 (S.I. No. 135 of 2011); revoked (19.12.2012) by Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2012 (S.I. No. 548 of 2012), reg. 6.

E24

Previous affecting provision: (30.09.2010) by Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2010 (S.I. No. 473 of 2010); revoked (24.07.2013) by Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2013 (S.I. No. 276 of 2013), reg. 4.

E25

Previous affecting provision: power pursuant to section exercised (22.12.2010) by Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010 (S.I. No. 638 of 2010); revoked (24.07.2013) by Health Professionals (Reduction of Payments to General Practitioners) Regulations 2013 (S.I. No. 277 of 2013), reg. 6.

E26

Previous affecting provision: power pursuant to section exercised (7.07.2009) by Health Professionals (Reduction of Payments To General Practitioners) Regulations 2009 (S.I. No. 262 of 2009); revoked (22.12.2010) by Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010 (S.I. No. 638 of 2010), reg. 5.

E27

Previous affecting provision: power pursuant to section exercised (1.07.2009) by Health Professionals (Reduction of Payments To Community Pharmacy Contractors) Regulations 2009 (S.I. No. 246 of 2009); revoked (20.06.2011) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 (S.I. No. 300 of 2011), reg. 5.

E28

Previous affecting provision: power pursuant to section exercised (18.05.2009) by Health Professionals (Reduction of Payments To Ophthalmologists, Optometrists and Dispensing Opticians) Regulations 2009 (S.I. No. 195 of 2009); revoked (24.07.2013) by Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 (S.I. No. 274 of 2013), reg. 5(a).

E29

Previous affecting provision: power pursuant to section exercised (1.05.2009) by Health Professionals (Reduction of Payments In Respect of Services Under the National Cervical Screening Programme) Regulations 2009 (S.I. No. 173 of 2009); revoked (29.10.2010) by Health Professionals (Reduction of Payments in respect of Services under the National Cervical Screening Programme) Regulations 2010 (S.I. No. 510 of 2010), reg. 4.

E30

Previous affecting provision: power pursuant to section exercised (1.05.2009) by Health Professionals (Reduction of Payments To Consultant Psychiatrists) Regulations 2009 (S.I. No. 172 of 2009); revoked (30.09.2010) by Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2010 (S.I. No. 473 of 2010), reg. 4.

10.

Reduction of other payments.

10.— (1) Notwithstanding any other enactment, contract, arrangement, understanding, expectation, circular or instrument or other document, any Minister of the Government may, with the consent of the Minister for Finance, by regulation, F16 [ vary ], whether by formula or otherwise, the amount or the rate of payment to be made to persons, or classes of persons, in respect of any service that they render to or on behalf of that Minister of the Government or under the aegis of that Minister.

(2) For the purposes of this Act, any service rendered to the State that is not rendered to or on behalf of a Minister of the Government or under the aegis of such a Minister is to be taken to be rendered to the Minister for Finance. The Minister for Finance may exercise the powers conferred by subsection (1) in relation to the persons rendering such services.

(3) Where the Minister by whom regulations are to be made under subsection (1) or (2) is the Minister for Finance, the reference in subsection (1) to obtaining the consent of that Minister is to be disregarded.

(4) A Minister of the Government making regulations under subsection (1) shall have all the powers enjoyed by the Minister for Health and Children under section 9 and shall likewise be subject to all the obligations imposed on the Minister for Health and Children under that section.

(5) Subsections (2) to (16) and (19) of section 9 apply, with the necessary modifications, to a Minister of the Government making regulations, and to regulations made, under subsection (1).

Annotations:

Amendments:

F16

Substituted (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 10, S.I. No. 546 of 2015.

F17

Repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2). Provision made in s. 43 for regulations made under section to remain in operation for a period of one year following the repeal of this section.

Modifications (not altering text):

C15

Prospective affecting provision: section repealed (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per s. 4(2).

10.— F17 [ ]

Editorial Notes:

E31

Power pursuant to section exercised (1.01.2018 and 1.10.2018) by Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018).

E32

Power pursuant to section exercised (1.04.2017 and 1.01.2018) by Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2017 (S.I. No. 128 of 2017).

E33

Power pursuant to section exercised (1.01.2016) by Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2016 (S.I. No. 23 of 2016).

E34

Power pursuant to section exercised (1.07.2013) by Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) (Adjustment) Regulations 2013 (S.I. No. 231 of 2013).

E35

Power pursuant to section exercised (29.06.2012) by Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners)(Adjustment) Regulations 2012 (S.I. No. 232 of 2012).

E36

Power pursuant to section exercised (1.06.2010) by Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2010 (S.I. No. 264 of 2010).

E37

Power pursuant to section exercised (29.05.2009) by Financial Emergency Measures In the Public Interest (Reduction In Payments To Veterinary Practitioners) Regulations 2009 (S.I. No. 216 of 2009), as amended (1.06.2010) by Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2010 (S.I. No. 264 of 2010), reg. 3, and (29.06.2012) by Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2012 (S.I. No. 232 of 2012), reg. 3.

E38

Power pursuant to section exercised (25.05.2009) by Social Welfare (Reduction of Payments To Health Professionals) Regulations 2009 (S.I. No. 198 of 2009).

E39

Power pursuant to section exercised (30.04.2009) by Financial Emergency Measures In the Public Interest (Reduction In Payments To State Solicitors) Regulations 2009 (S.I. No. 159 of 2009).

E40

Previous affecting provision: power pursuant to section exercised (1.05.2009) by Health Professionals (Reduction of Payments In Respect of Services Under the National Cervical Screening Programme) Regulations 2009 (S.I. No. 173 of 2009); revoked (29.10.2010) by Health Professionals (Reduction of Payments in respect of Services under the National Cervical Screening Programme) Regulations 2010 (S.I. No. 510 of 2010), reg. 4.

11.

Non-applicability to public servants.

11.— F18 [ ]

Annotations:

Amendments:

F18

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

12.

Farm Waste Management Scheme.

12.— F19 [ ]

Annotations:

Amendments:

F19

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

Editorial Notes:

E41

Previous affecting provision: power pursuant to subs. (1) exercised (11.12.2009) by Financial Emergency Measures In the Public Interest (Farm Waste Management Scheme) Order 2009 (S.I. No. 503 of 2009); rendered obsolete by expiry of time limits.

13.

Annual review and report to the Houses of the Oireachtas.

13.— F20 [ ]

Annotations:

Amendments:

F20

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

14.

Regulations.

14.— F21 [ ]

Annotations:

Amendments:

F21

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

15.

Removal of doubts.

15.— F22 [ ]

Annotations:

Amendments:

F22

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

16.

Amendment of Income Tax Acts.

16.— F23 [ ]

Annotations:

Amendments:

F23

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

17.

Amendment of Local Government Act 1998 — payments into Local Government Fund by Minister for the Environment, Heritage and Local Government.

17.— F24 [ ]

Annotations:

Amendments:

F24

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

18.

Amendment of Social Welfare Consolidation Act 2005 — early childcare supplement.

18.— (1) F25 [ ]

Annotations:

Amendments:

F25

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

19.

Short title.

19.— F26 [ ]

Annotations:

Amendments:

F26

Repealed (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4, commenced as per s. 1(2).

SCHEDULE

Bodies to which the definition of “Public Service Body” does not apply

1. Any body corporate established by Act of Parliament before 6 December 1922 that, upon its establishment, was of a commercial character.

2. Dublin Airport Authority, public limited company.

3. Cork Airport Authority, public limited company.

4. Shannon Airport Authority, public limited company.

5. Bord Gáis Éireann.

6. Bord na gCon.

7. Bord na Móna.

8. Córas Iompair Éireann.

9. Coillte Teoranta.

10. Electricity Supply Board.

11. Eirgrid.

12. A harbour authority within the meaning of the Harbours Act 1946 or company to which section 7 of the Harbours Act 1996 relates.

13. Horse Racing Ireland.

14. Irish National Stud Company Limited.

15. Irish Aviation Authority.

16. An Post.

17. An Post National Lottery Company.

18. Radio Teilifís Éireann.

19. Teilifís na Gaeilge.

20. Railway Procurement Agency.

21. Voluntary Health Insurance Board.

22. A subsidiary of a body to which this Schedule relates, including a subsidiary of any such subsidiary.

Annotations:

Modifications (not altering text):

C16

Reference to“Dublin Airport Authority” or “Údarás Aerfort Bhaile Átha Cliath” construed (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 32, commenced on enactment.

Re-naming Dublin Airport Authority as daa

32. (1) Dublin Airport Authority, public limited company, known in the Irish language as Údarás Aerfort Bhaile Átha Cliath, cuideachta phoiblítheoranta shall be re-named as, in the English language, daa, public limited company, and in the Irish language, daa, cuideachta phoiblí theoranta. daa shall amend its memorandum and articles of association to reflect this change of name.

(2) A reference in the Act of 2004 or any other enactment, statutory instrument or any other document or proceedings to Dublin Airport Authority is to be read as a reference to daa.

C17

References to “Bord Gáis Éireann” or “The Irish Gas Board” construed (20.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 8(1),(2), S.I. No. 287 of 2014.

Change of name of Bord Gáis Éireann to Ervia

8. (1) The name of the body (established by section 7 of the Gas Act 1976 ) the present name of which is, in the Irish language, Bord Gáis Éireann and, in the English language, The Irish Gas Board, shall, on and from such day as the Minister appoints by order, be Ervia.

(2) References in any enactment, statutory instrument, legal proceedings or any other document to Bord Gáis Éireann or The Irish Gas Board shall, on and from the day appointed under subsection (1), be construed as references to Ervia.