C35

Prospective affecting provision: section inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 6, not commenced as of date of revision.

F114[25CA. (1) A Superintendent in a Garda division may delegate in writing the functions conferred on a Superintendent by the following sections:

(a) section 2(5);

(b) section 2(7);

(c) section 3 in relation to applications for firearm certificates (other than restricted firearm certificates);

(d) section 4A(12);

to an Inspector of the Garda Síochána in the division, to be performed in accordance with this section.

(2) An Inspector to whom functions are delegated under subsection (1) shall not be considered by virtue of that delegation to be acting as a Superintendent within the meaning of section 1(3).

(3) Where functions of a Superintendent are delegated under subsection (1)—

(a) the delegation shall confer on and vest in the Inspector to whom the functions are delegated each of the functions so delegated,

(b) every function so delegated shall be exercisable and performed by the Inspector in his or her own name but subject to the general superintendence and control of the Superintendent who made the delegation and subject to any conditions or restrictions stated in the delegation,

(c) every function so delegated shall, subject to paragraph (b)—

(i) continue to be vested in the Superintendent who made the delegation,

(ii) be vested concurrently with the Inspector to whom the function is delegated, and

(iii) be capable of being exercised or performed by either that Superintendent or that Inspector,

(d) a reference in this Act to a Superintendent performing a function that has been delegated under subsection (1) shall include a reference to the Inspector to whom the function has been delegated,

(e) the Superintendent who made the delegation may at any time revoke the delegation in writing, and

(f) the delegation shall terminate if the Superintendent who made the delegation ceases to be a Superintendent in the division concerned or if the Inspector to whom the delegation is made ceases to be an Inspector in the division concerned.]