National Shared Services Office Act 2017

9.

Delegation of functions to Office

9. (1) The Government, having regard to the matters referred to in subsection (3), may by order delegate to the Office a function, specified in Schedule 2 ,of a public service body, or any other function of a public service body connected with a function specified in Schedule 2 , that the Government consider appropriate and is specified in the order.

(2) (a) Without prejudice to the generality of subsection (1), whenever an order under subsection (1) is in force in respect of a public service body, the Office shall have the following functions:

(i) entering into an agreement with the public service body (in this Act referred to as a “service agreement”) that specifies the terms and conditions upon which shared services are to be provided to that body;

(ii) providing or arranging for the provision of shared services to the public service body in accordance with the service agreement;

(iii) making payments to and communicating with persons on behalf of the public service body for the purposes of providing shared services;

(iv) receiving and F3 [ processing (within the meaning of the Data Protection Regulation) personal data (also within the meaning of that Regulation) ] provided to it by the public service body for the purposes of its functions;

(v) setting standards to be achieved on behalf of the public service body in relation to the delivery of shared services;

(vi) implementing such changes to the manner in which shared services are delivered as may be agreed following consultation with the public service body, having regard to the cost of such changes;

(vii) reporting to the public service body on matters relating to the provision of shared services in accordance with service agreements;

(viii) developing and implementing policies relating to the manner in which shared services are provided;

(ix) developing plans for the mitigation of risks arising in the provision of shared services to public service bodies;

(x) considering any recommendations made by the Board in relation to the provision of shared services;

(xi) undertaking, commissioning, collaborating or assisting in research into matters relating to shared services, including the compilation of statistical data required for the planning, development and provision of shared services;

(xii) providing guidance, where appropriate, within the public sector in relation to the provision of services comparable to shared services;

(xiii) providing information or advice or making proposals to the Minister on matters relating to its functions under this Act.

(b) An order under subsection (1) may contain such ancillary and incidental provisions as the Government consider necessary or expedient for the purposes of the delegation effected by the order.

(c) Whenever an order under subsection (1) is in force, the public service body to which it relates shall provide the Office with such information within its control or procurement and requested by the Office as the body considers necessary or expedient for the purposes of the delegation and the provision by the Office of shared services.

(3) Before making an order under subsection (1), the Government shall have regard to the availability of resources and the need for greater efficiency or effectiveness in the use of resources in the public service and the extent to which such efficiency or effectiveness has been or may be achieved through the provision by the Office of shared services.

(4) The following provisions shall apply in relation to a delegation under this section:

(a) the delegation shall operate, so long as it continues in force, to confer on and vest in the Office each function delegated by the delegation;

(b) a function delegated by the delegation shall be performed by the Office subject to any conditions or restrictions stated in the order concerned;

(c) any obligation or liability undertaken by the Office consequent upon the performance by the Office of a function to which the delegation relates shall be of the same force and effect as if the obligation or liability had been undertaken by the public service body;

(d) a function of a public service body delegated by the delegation shall, notwithstanding the delegation, as the case may be, continue to be vested in the public service body concerned but shall be so vested concurrently with the Office and so as to be capable of being performed by either the public service body or the Office;

(e) the delegation shall not remove or derogate from the responsibility of a Minister of the Government, who has functions in relation to the public service body, to Dáil Éireann or as a member of the Government for the performance of functions of the public service body thereby delegated.

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

Annotations:

Amendments:

F3

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 232(b), S.I. No. 174 of 2018.

Editorial Notes:

E4

Power pursuant to subs. (1) exercised (18.07.2018) by National Shared Services Office (Delegation of Functions) Order 2018 (S.I. No. 267 of 2018).