Regulation of Lobbying Act 2015

7.

Other definitions

7. In this Act—

“Commission” means Standards in Public Office Commission;

F1["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201650 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

“designated public official” has the meaning given by section 6;

“enactment” includes an instrument under an enactment;

“full-time employee” has the meaning given by section 7 of the Protection of Employees (Part-Time Work) Act 2001;

“international organisation” has the meaning given by section 186B of the Social Welfare Consolidation Act 2005;

“local authority” has the meaning given by the Local Government Act 2001;

“Minister” means Minister for Public Expenditure and Reform;

F2["personal data" means personal data within the meaning of

(a) the Data Protection Regulation, or

(b) Part 5 of the Data Protection Act 2018.]

“pre-existing public service pension scheme” means an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service—

(a) provided for by or under—

(i) the Superannuation Acts (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012), or

(ii) any enactment (other than the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) or administrative measure for the like purpose and to the like effect as the Superannuation Acts and of either general or limited application,

or

(b) made by a relevant Minister (within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) or which has been approved or requires the approval or consent, however expressed, of either or both a relevant Minister and the Minister;

“prescribed” means prescribed by regulations made by the Minister;

“public servant” means a person who is employed by, or holds any office or other position in, a public service body;

“public service body” means—

(a) a Department of State,

(b) the Garda Síochána,

(c) the Permanent Defence Force,

(d) a local authority within the meaning of the Local Government Act 2001,

(e) the National Treasury Management Agency,

(f) the National Asset Management Agency,

(g) the National Pensions Reserve Fund Commission,

(h) the National Development Finance Agency,

(i) the Health Service Executive,

(j) an education and training board,

(k) the Central Bank of Ireland,

(l) any other body, other than a body specified or referred to in the Schedule, which—

(i) is established by or under an enactment (other than the Companies Acts), or

(ii) is established under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable,

(m) any other body, other than a body specified or referred to in the Schedule, which is wholly or partly funded directly or indirectly out of monies provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable,

(n) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997) by, a body to which any of the preceding paragraphs relates and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable;

“Register” means Register of Lobbying;

“registered person” means a person whose name is included on the Register (or who has become a registered person under section 11(3));

“relevant contravention” has the meaning given by section 18;

“relevant date”, in relation to a relevant period, means the date falling 21 days after the end of the relevant period;

“relevant period” means the period of 4 months ending with the last day of April, August and December in any year;

“Single Public Service Pension Scheme” means the scheme established by Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act 1941 or is an excepted body within the meaning of section 6 of that Act.

Annotations

Amendments:

F1

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 228(a), S.I. No. 174 of 2018.

F2

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 228(b), S.I. No. 174 of 2018.

Modifications (not altering text):

C2

Functions transferred and references to “Minister for Public Expenditure and Reform” construed (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch. in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by Article 3 are transferred to the Department of Finance.

(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.

3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.

(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.

...

SCHEDULE

Short Title of Act and Number

Provision

(1)

(2)

...

...

Regulation of Lobbying Act 2015 (No. 5 of 2015)

The whole Act (other than section 3 of that Act in so far as it relates to the sanctioning by the Minister for Public Expenditure, National Development Plan Delivery and Reform of certain expenses incurred in the administration of that Act).

...

...

Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2).