C1

Offences under Act, referred to as "food legislation", provided (22.03.2010) by European Communities (Official Control of Foodstuffs) Regulations 2010 (S.I. No. 117 of 2010), regs. 23, 24.

23. (1) A person is guilty of an offence if he or she forges, or utters knowing it to be forged, a certificate of analysis or other document purporting to be issued, granted or given under these Regulations or food legislation or required for the purposes of these Regulations or food legislation (hereafter referred to as “a forged document”).

(2) A person is guilty of an offence if he or she alters with intent to defraud or deceive, or utters knowing it to be so altered, a certificate of analysis or other document issued, granted or given under these Regulations or food legislation, or required for the purposes of these Regulations or food legislation (hereafter referred to as “an altered document”).

(3) A person is guilty of an offence if he or she, without lawful authority, has in his or her possession a forged document or an altered document, knowing it to be a forged or altered document as the case may be.

(4) A person is guilty of an offence if he or she with the intent to defraud or deceive:

(a) tampers with any substance or thing with the result that a sample taken pursuant to these Regulations or food legislation does not correctly represent the substance sampled, or

(b) tampers or interferes with any sample taken under these Regulations or food legislation.

(5) A person is guilty of an offence if he or she falsely represents himself or herself to be an authorised officer.

24. (1) For the purposes of these Regulations, every contravention of a provision of these Regulations shall be deemed a separate contravention and every contravention of a paragraph or a subparagraph of such provision shall also be deemed to be a separate contravention and shall carry the same penalty as for a single contravention of any such provision.

(2) A person who is guilty of an offence under these Regulations is liable:

(a) on summary conviction to a fine not exceeding €5,000 or at the discretion of the Court to imprisonment for a term not exceeding 3 months, or both, or,

(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.

(3) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the official agency, as the case may be, the costs and expenses, measured by the court, incurred by the Authority or official agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisors engaged by the Authority or official agency.

(4) An order for costs and expenses under subsection (3) is in addition to, and not instead of, any fine or penalty the court may impose under subsection (2).

C2

Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39 and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. ...

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

C3

Functions under Act, referred to as an existing enactment, transferred to Consumer Protection Agency (1.05.2007, establishment day) by Consumer Protection Act 2007 (19/2007), s. 37, S.I. No. 179 of 2007.

Transfer of functions to Agency.

37.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred to the Agency on the establishment day.

(2) The functions vested in the Director by or under the existing enactments are transferred to the Agency on the establishment day.

(3) References to the Director and the office of the Director contained in any Act (within the meaning of the Interpretation Act 2005 ) or instrument (including a licence or certificate granted, nomination made or consent or authorisation given thereunder) relating to any functions transferred by subsection (2) shall, on and after the establishment day, be read as references to the Agency.

(4) Anything commenced before the establishment day by or under the authority of the Director may, in so far as it relates to functions transferred by subsection (2) to the Agency, be carried on or completed on or after that day by the Agency.

...

C4

Functions transferred (1.01.2005, establishment day) by Health Act 2004 (42/2004), s. 59, S.I. No. 885 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

...

SCHEDULE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

1. Health Acts 1947 to 2001

...

C5

Application of collectively cited Health Acts restricted (7.05.1986) by Health (Amendment) Act 1986 (10/1986), s. 2(1), commenced on enactment.

Charges by health boards for provision of in-patient services and out-patient services in respect of certain injuries caused by mechanically propelled vehicles.

2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.

(2) (a) A health board may waive the whole or part of a charge under subsection (1) of this section if it considers it proper to do so—

(i) having had regard to the amount of damages or compensation, and interest (if any) thereon, received by the person liable to pay the charge in respect of the injury to which the charge relates, and

(ii) in a case where there was contributory negligence on the part of the person to whose injury the charge relates or of one for whose acts he is responsible, having had regard to any reduction in the amount which would have been received but for the contributory negligence.

(b) In proceedings brought by a person to whom injury is caused by the negligent use of a mechanically propelled vehicle in a public place, or by the personal representative or dependant, of such a person in respect of such negligent use as aforesaid, claiming damages in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom, paragraph (a) of this subsection shall be disregarded.

C6

Application of Act extended (1.01.1954) by Health Act 1953 (26/1953), s. 3(3), S.I. No. 377 of 1953.

Principal Act and construction of that Act and this Act.

3.—(1) In this Act “the Principal Act” means the Health Act, 1947 (No. 28 of 1947).

(2) The Principal Act and this Act shall be construed together as one Act.

(3) Without prejudice to the generality of subsection (2) of this section, a reference in the Principal Act to that Act shall, save where the context otherwise requires, be construed as including a reference to this Act.