Ombudsman Act 1980

F23[FIRST SCHEDULE

Reviewable Agencies

PART I

(a) a Department of State;

(b) an entity established by or under any enactment, statutory instrument or charter (other than the Companies Acts) or any scheme administered by a Minister of the Government:

(c) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government;

(d) any entity (other than an entity to which paragraph (a) or (b) relates) established or appointed by the Government or a Minister of the Government;

(e) a subsidiary (within the meaning of the Companies Acts) of a company to which paragraph (c) relates;

(f) an entity (other than a subsidiary to which paragraph (e) relates) that is directly or indirectly controlled by an entity to which paragraph (b), (c), (d) or (e) relates;

(g) an entity on which functions are conferred by or under statute, statutory instrument or charter, but only in respect of those functions;

(h) a higher education institution in receipt of public funding;

(i) an entity that immediately prior to the enactment of the Ombudsman (Amendment) Act 2012 was subject to review by the Ombudsman.]

F24[Residential Institutions Statutory Fund Board]

Annotations

Amendments:

F23

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 16 and sch. part 1, in effect as per s. 1(3).

F24

Inserted (8.03.2013) by Residential Institutions Statutory Fund Act 2012 (35/2012), s. 28, S.I. No. 79 of 2013, art. 2(a).

Modifications (not altering text):

C25

Prospective affecting provision: references to Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66(2), not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66 ...

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

...

C26

References to "the Bodies" construed as if there were a reference to each of them in Part I of the First Schedule (2.12.1999) by British-Irish Agreement Act 1999 (1/1999), s. 50(2), S.I. No. 377 of 1999.

Application of Ombudsman Act, 1980.

50.— ...

(2) The Act of 1980 shall apply in relation to the Bodies with any necessary modifications and as if there were a reference to each of them in Part I of the First Schedule to that Act, but such application shall be restricted to actions taken in the State by or on behalf of a Body.

...

Editorial Notes:

E25

Previous affecting provision: part amended (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2; part substituted (31.10.2012, 30.04.2025) as per F-note above.

E26

Previous affecting provision: part amended (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 61, S.I. No. 401 of 2011; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E27

Previous affecting provision: part amended (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 78, S.I. No. 511 of 2006; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E28

Previous affecting provision: part amended (30.06.2006) by Health (Repayment Scheme) Act 2006 (17/2006), s. 23, S.I. No. 338 of 2006; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E29

Previous affecting provision: part amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 8 item 1, S.I. No. 887 of 2004; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E30

Previous affecting provision: part amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61, commenced on enactment; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E31

Previous affecting provision: part amended (9.07.2001) by Agriculture Appeals Act 2001 (29/2001), s. 18, commenced on enactment; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E32

Previous affecting provision: part amended (1.04.1985) by Ombudsman Act (First Schedule) (Amendment) Order 1984 (S.I. No. 332 of 1984), art. 2(a), in effect as per art. 1(2); part substituted (31.10.2012, 30.04.2013) as per F-note above.

F25[PART II

Part I of this Schedule does not include a reference to—

(a) the Adoption Authority of Ireland, insofar as it relates to the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010;

(b) An Bord Altranais, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of nurses under the Nurses Act 1985 and to its role as the competent authority for the purposes of mutual recognition of nursing qualifications obtained in or recognised by a Member State;

(c) Bord na Radharcmhastóirí, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of optometrists and dispensing opticians under the Opticians Acts 1956 and 2003 and to its role as competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State;

(d) the Courts Service, except as it relates to an action taken in the performance of administrative functions under section 5 of the Courts Service Act 1998;

(e) the Dental Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of dentists and dental practitioners under the Dentists Act 1985 and to its role as the competent authority for the purposes of mutual recognition of dental qualifications obtained in or recognised by a Member State;

(f) the Department of Justice and Equality, insofar as it relates to an action

(i) taken in the administration of the law relating to immigration or naturalisation,

(ii) taken in the administration of the prisons or other places for the custody of persons committed to custody by the Courts,

(iii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution, or

(iv) involving the remission of any forfeiture or disqualification imposed by a court exercising criminal jurisdiction;

(g) the Health and Safety Authority, except as it relates to an action taken in the performance of administrative functions under section 34 of the Safety, Health and Welfare at Work Act 2005;

(h) the Health and Social Care Professionals Council, except as it relates to an action taken in the performance of administrative functions under Part 4 of the Health and Social Care Professionals Act 2005;

(i) the Health Service Executive, insofar as it relates to an action taken

(i) by persons when acting on behalf of the Health Service Executive and (in the opinion of the Ombudsman) solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a patient, whether such opinion is formed by the person taking the action or by any other person; or

(ii) an action taken by the Health Service Executive when acting on the advice of persons referred to in subparagraph (i), being actions of the Health Service Executive that, in the opinion of the Ombudsman, were taken solely on such advice;

(j) the Legal Aid Board, insofar as it relates to the provision of legal services (advice or representation) by solicitors of the Legal Aid Board, or by private solicitors working under the auspices of the Legal Aid Board, to clients;

(k) a local authority (within the meaning of the Local Government Act 2001), insofar as it relates to the performance of reserved functions within the meaning of that Act;

(l) the Medical Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of medical practitioners under the Medical Practitioners Act 2007 and to its role as the competent authority for the purposes of mutual recognition of medical qualifications obtained in or recognised by a Member State;

(m) the Personal Injuries Assessment Board, except as it relates to an action taken in the performance of administrative functions under Part 3 of the Personal Injuries Assessment Board Act 2003;

(n) the Pharmaceutical Society of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pharmacists, pharmaceutical assistants and retail pharmacy businesses under the Pharmacy Act 2007 and to its role as the competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State;

(o) the Pre-Hospital Emergency Care Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pre-hospital emergency care practitioners under the Pre-Hospital Emergency Care Council (Establishment) Order) 2000 ( S.I. No. 109 of 2000 ) and to its role as the competent authority for the purposes of mutual recognition of relevant qualifications obtained in or recognised by a Member State;

(p) the Private Residential Tenancies Board, except as it relates to an action taken in the performance of administrative functions under Part 7 of the Residential Tenancies Act 2004;

(q) the Property Services Appeal Board, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to the specification of qualification and other requirements for property service providers under that Act;

(r) the Property Services Regulatory Authority, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to its role relating to the specification of qualification and other requirements for property service providers under that Act;

(s) the Radiological Protection Institute of Ireland, except as it relates to an action taken in the performance of administrative functions under section 7 of the Radiological Protection (Amendment) Act 2002;

(t) the Veterinary Council of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of veterinary practitioners and a register of veterinary nurses under the Veterinary Practice Act 2005 and to its role as the competent authority for the purposes of the mutual recognition of veterinary qualifications obtained in or recognised by a Member State.]

Annotations

Amendments:

F25

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 16 and sch. part 1, in effect as per s. 1(3).

Modifications (not altering text):

C27

References to "Private Residential Tenancies Board" construed as "Residential Tenancies Board" (7.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(3), S.I. No. 151 of 2016.

Change of name of Board

13.— ...

(3) In any enactment or any instrument under an enactment, references to the Private Residential Tenancies Board shall be construed as references to the Residential Tenancies Board.

...

C28

References to "Rent Tribunal" construed as "Residential Tenancies Board" (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 76(3), S.I. No. 4 of 2016

Transfer of functions of Tribunal to Board

76.

...

(3) References to the Tribunal in any enactment or instrument under an enactment relating to any function or administration and business transferred by this section shall, on the commencement of this Part, be construed as references to the Board.

...

C29

Application of para. (f)(ii) restricted (4.09.2013) by Ombudsman Act 1980 (Section 4(10)) Order 2013 (S.I. No. 341 of 2013), art. 4.

4. It is declared that the Department of Justice and Equality is a reviewable agency in respect of any action taken by or on behalf of it, being action that—

(a) consists of the administration of prisons or other places for the custody of persons committed to custody by the Courts, and

(b) relates to a person under the age of 18 years who is committed to custody in such a prison or other place mentioned in subparagraph (a),

and, accordingly, there are excluded from paragraph (f)(ii) of Part II the elements of that Department of State that fall within both subparagraphs (a) and (b).

C30

Term "Medical Council" construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(3), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— ...

(3) Every reference to—

(a) the Medical Council, or

(b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2.

Editorial Notes:

E33

Previous affecting provision: part 2 amended (1.11.2010) by Adoption Act 2010 (21/2010), s. 167(a), S.I. No. 511 of 2010; substituted (31.10.2012, 30.04.2013) as per F-note above.

E34

Previous affecting provision: part 2 amended (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 40, and sch. 3 part 1, S.I. No. 178 of 2007; part substituted (31.10.2012, 30.04.2013) as per F-note above.

E35

Previous affecting provision: part 2 amended (1.04.1985) by Ombudsman Act 1980 (First Schedule) (Amendment) Order 1985 (S.I. No. 66 of 1985), art. 2(a), in effect as per art. 1(2); part substituted (31.10.2012, 30.04.2013) as per F-note above.

E36

Previous affecting provision: part 2 amended (1.04.1985) by Ombudsman Act (First Schedule) (Amendment) Order 1984 (S.I. No. 332 of 1984), art. 2(b), in effect as per art. 1(2); part substituted (31.10.2012, 30.04.2013) as per F-note above.