Ethics in Public Office Act 1995

FIRST SCHEDULE

Public Bodies

Section 2.

1. Each of the following shall be a public body for the purposes of this Act:

(1) a Department of State (including, as respects any particular Department of State, any office or body not otherwise standing specified in or under this Schedule in relation to which functions are vested in the Minister of the Government having charge of that Department of State),

(2) the Office of the President,

(3) the Office of the Tánaiste,

(4) the Office of the Attorney General,

(5) the Office of the Comptroller and Auditor General,

(6) the Office of the Ombudsman,

(7) the F98[Houses of the Oireachtas Service],

(8) a local authority (within the meaning of the Local Government Act, 1941),

(9) a health board,

(10) a body, organisation or group established—

(a) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(b) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys 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,

(11) a company (within the meaning of the Companies Act, 1963) a majority of the shares in which are held by or on behalf of a Minister of the Government,

(12) any other body, organisation or group appointed by the Government or a Minister of the Government,

(13) any other body, organisation or group financed wholly or partly out of moneys provided by the Oireachtas that stands prescribed for the time being (being a body, organisation or group that, in the opinion of the Minister, ought, in the public interest and having regard to the provisions and spirit of this Act, to be prescribed).

2. (1) In paragraph 1 “Office”, in relation to a person, means the offices in which the administration and business relating to the functions of the person are carried on.

(2) There shall be deemed to be included in subparagraphs (8) to (12) of paragraph 1 any subsidiary (within the meaning of the Companies Act, 1963) of a public body specified in those subparagraphs.

Annotations

Amendments:

F98

Substituted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 14 and sch. item 3, commenced by s. 15(3).

Modifications (not altering text):

C26

Construction of definition amended (9.10.2001) by Local Government Act 2001 (37/2001), s. 3(2) and sch. 2, S.I. No. 458 of 2001.

Construction of enactments.

3.—...

(2) A reference in any enactment other than this Act to an expression mentioned in the first column of Schedule 2 or to a similar or analogous expression shall, except where the context otherwise requires and subject to any regulations made under this section, be read as a reference to the appropriate expression of this Act as indicated in the second column of that Schedule opposite the expression in the first column.

SCHEDULE 2

...

“local authority for the purposes of the Local Government Act, 1941”

A county council, city council, town council, and where the context so requires includes a joint body.

...

Editorial Notes:

E61

For bodies, organisations or groups prescribed under para. 1(13) see annotations to s. 3.