Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

29

Remote meetings of State body

29. (1) Notwithstanding anything in any other enactment—

(a) meetings of a designated State body, or

(b) designated meetings of a State body,

may consist of a conference between some or all of the members who are not all in one place, but each of whom is able (directly or by means of electronic communications technology) to speak to each of the others and to be heard by each of the others.

(2) Any decision made, vote taken or other act done by means of a conference referred to in subsection (1) of members of a designated State body, or of members at a designated meeting of a State body, shall be as good and effectual as a decision made, vote taken or other act done by the members concerned would have been if such had been made, taken or done by those members in a meeting of them held in person.

(3) A relevant Minister may, by order, designate, for the purposes of this section—

(a) a State body, or

(b) a meeting or category of meeting held by a State body.

(4) A relevant Minister shall make an order under subsection (3) only where he or she is of the opinion that it is appropriate to do so having regard to the—

(a) nature of the State body concerned,

(b) nature of the meetings of the State body concerned,

(c) need to ensure efficiency in the conduct of meetings of the State body, and

(d) public interest.

(5) Where more than one Minister of the Government is a relevant Minister in relation to a particular State body, a relevant Minister, before making an order under subsection (3) in respect of the body, shall consult with all other relevant Ministers in relation to the body.

(6) Nothing in this section shall be construed as operating to interfere with the power of a State body under an enactment or rule of law to hold a meeting by means of a conference referred to in subsection (1) or any similar means.

(7) In this section a reference to—

(a) members includes a reference to directors and to commissioners, and

(b) a State body includes a reference to a board of the State body and to a committee or sub-committee of the State body or of such a board.

(8) In this section—

“electronic communications technology”, in relation to a meeting referred to in paragraph (a) or (b) of subsection (1), means technology that enables real time transmission and real time two-way audio-visual or audio communication;

“designated State body” means a State body designated under subsection (3)(a);

“designated meeting” means, in relation to a State body, a meeting or category of meeting held by the State body and designated under subsection (3)(b);

“meeting”, in relation to a State body, does not include a meeting that consists of a hearing, at which a person the subject of any proceedings by the State body—

(a) is entitled to appear or be represented, and

(b) at which the person does so appear or is so represented;

“relevant Minister” means, in relation to a State body, the Minister of the Government with responsibility for the body and in whom functions, whether statutory or otherwise, as respects the body are vested;

“State body” means a body established—

(a) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

(b) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) 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.

Annotations:

Modifications (not altering text):

C2

Prospective affecting provision: application of section restricted by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 65, not commenced as of date of revision.

Application of section 29 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

65. Notwithstanding anything contained in section 29 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, the Minister may designate the registration body to be a State body under subsection (3)(b) of section 29 of that Act.

Editorial Notes:

E4

Power pursuant to subs. (3)(a) exercised (1.07.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Child and Family Agency) (Designation) Order 2021 (S.I. No. 311 of 2021), in effect as per art. 1(2).

E5

Power pursuant to subs. (3)(a) exercised (29.04.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Inland Fisheries Ireland) (Designation) Order 2021 (S.I. No. 238 of 2021).

E6

Power pursuant to subs. (3)(a) exercised (29.04.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29)(Commission for Regulation of Utilities) (Designation) Order 2021 (S.I. No. 232 of 2021).

E7

Power pursuant to subs. (3)(a) exercised (10.02.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Veterinary Council of Ireland) (Designation) Order 2021 (S.I. No. 58 of 2021).

E8

Power pursuant to subs. (3)(a) exercised (31.12.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (International Protection Appeals Tribunal) (Designation) Order 2020 (S.I. No. 714 of 2020), in effect as per art. 1(2).

E9

Power pursuant to subs. (3)(b) exercised (26.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Meetings of the Oberstown Children Detention Campus Board of Management) (Designation) Order 2020 (S.I. No. 553 of 2020), in effect as per art. 1(2).

E10

Power pursuant to subs. (3)(a) exercised (19.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Health) (Designation) Order 2020 (S.I. No. 532 of 2020).

E11

Power pursuant to subs. (3)(b) exercised (12.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Road Safety Authority) (Meetings of Board) (Designation) Order 2020 (S.I. No. 520 of 2020), in effect as per art. 1(2).

E12

Power pursuant to subs. (3)(a) exercised (9.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) Order 2020 (S.I. No. 517 of 2020), in effect as per art. 1(2).

E13

Power pursuant to subs. (3)(a) exercised (6.11.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29 (Labour Court) (Designation) Order 2020 (S.I. No. 514 of 2020), in effect as per art. 1(2).

E14

Power pursuant to subs. (3)(a) exercised (31.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Property Services Appeal Board) (Designation) Order 2020 (S.I. No. 484 of 2020), in effect as per art. 1(2).

E15

Power pursuant to subs. (3)(a) exercised (31.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Courts Service) (Designation) Order 2020 (S.I. No. 483 of 2020), in effect as per art. 1(2).

E16

Power pursuant to subs. (3)(a) exercised (31.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Property Services Regulatory Authority) (Designation) Order 2020 (S.I. No. 482 of 2020), in effect as per art. 1(2).

E17

Power pursuant to subs. (3)(a) exercised (31.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Mental Health (Criminal Law) Review Board) (Designation) Order 2020 (S.I. No. 481 of 2020), in effect as per art. 1(2).

E18

Power pursuant to subs. (3)(a) exercised (31.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Legal Aid Board) (Designation) Order 2020 (S.I. No. 480 of 2020), in effect as per art. 1(2).

E19

Power pursuant to subs. (3)(a) exercised (31.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Judicial Council) (Designation) Order 2020 (S.I. No. 479 of 2020), in effect as per art. 1(2).

E20

Power pursuant to subs. (3)(a) exercised (20.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Regional Assemblies) (Designation) Order 2020 (S.I. No. 446 of 2020), in effect as per art. 1(2).

E21

Power pursuant to subs. (3)(a) exercised (20.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Local Authorities) (Designation) Order 2020 (S.I. No. 445 of 2020), in effect as per art. 1(2).

E22

Power pursuant to subs. (3)(a) exercised (13.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Sections 29 and 31) (Hepatitis C and HIV Compensation Tribunal) (Designation) Order 2020 (S.I. No. 428 of 2020), in effect as per art. 1(2).

E23

Power pursuant to subs. (3)(a) exercised (5.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Irish Financial Services Appeals Tribunal) (Designation) Order 2020 (S.I. No. 423 of 2020).

E24

Power pursuant to subs. (3)(a) exercised (5.10.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Central Bank of Ireland) (Designation) Order 2020 (S.I. No. 421 of 2020).

E25

Power pursuant to subs. (3) exercised (4.09.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Remote Meetings and Remote Hearings of State Body – Adoption Authority of Ireland) Order 2020 (S.I. No. 335 of 2020).

E26

Previous affecting provision: power pursuant to subs. (3)(a) exercised (22.03.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Child and Family Agency) (Designation) Order 2021 (S.I. No. 118 of 2021), in effect as per art. 1(2); revoked (1.07.2021) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Child and Family Agency) (Designation) Order 2021 (S.I. No. 311 of 2021), art. 3, in effect as per art. 1(2).