Standards in Public Office Act 2001
Number 31 of 2001
STANDARDS IN PUBLIC OFFICE ACT 2001
REVISED
Updated to 22 July 2021
This Revised Act is an administrative consolidation of the Standards in Public Office Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Finance (Local Property Tax) (Amendment) Act 2021 (31/2021), enacted 22 July 2021, and all statutory instruments up to and including the European Union (Vehicle Drivers Certificate of Professional Competence) (Amendment) Regulations 2021 (S.I. No. 380 of 2021), made 22 July 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 31 of 2001
STANDARDS IN PUBLIC OFFICE ACT 2001
REVISED
Updated to 22 July 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Electoral Acts 1992 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (European Parliament Elections (Amendment) Act 2019 (7/2019), s. 9(3)). The Acts in the group are:
• Electoral Act 1992 (23/1992)
• Electoral (Amendment) Act 1996 (43/1996)
• Electoral Act 1997 (25/1997)
• Electoral (Amendment) Act 1998 (4/1998)
• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999)
• Standards in Public Office Act 2001 (38/2001), insofar as it relates to functions of the Standards in Public Office Commission under the Electoral Act 1997 (25/1997)
• Electoral (Amendment) Act, 2002 (4/2002)
• Electoral (Amendment) (No. 2) Act 2002 (23/2002)
• Electoral (Amendment) Act 2004 (15/2004)
• Electoral (Amendment) Act 2005 (16/2005)
• Electoral (Amendment) Act 2006 (33/2006)
• Electoral (Amendment) Act 2007 (14/2007)
• Electoral (Amendment) Act 2009 (4/2009)
• Electoral (Amendment) (No. 2) Act 2009 (9/2009)
• Electoral (Amendment) Act 2011 (14/2011)
• Electoral (Amendment) Act 2012 (27/2012)
• Electoral (Amendment) (Political Funding) Act 2012 (36/2012)
• Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)
• Electoral, Local Government and Planning and Development Act 2013 (27/2013), except Parts 8 and 9
• Local Government Reform Act 2014 (1/2014), ss. 1(6), section 5(4), Part 2 of Schedule 2 and paragraphs 17 and 18 of Schedule 4, in so far as it relates to the Electoral Act 1992 (23/1992)
• Electoral (Amendment) Act 2014 (8/2014)
• Electoral (Amendment) (No. 2) Act 2014 (24/2014)
• Electoral (Amendment) Act 2015 (62/2015), ss. 3, 4
• Electoral (Amendment) Act 2016 (5/2016)
• Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017)
• Companies (Statutory Audits) Act 2018 (22/2018), ss. 71, 73
• European Parliament Elections (Amendment) Act 2019 (7/2019), s. 8
Acts previously included in the group but now repealed are:
• Electoral (Amendment) Act 1995 (21/1995)
• Electoral (Amendment) (No. 2) Act 1998 (19/1998)
Ethics in Public Office Acts 1995 and 2001: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Standards in Public Office Act 2001 (31/2001), s. 29(3)). The Acts in the group are:
• Ethics in Public Office Act 1995 (22/1995)
• Standards in Public Office Act 2001 (31/2001), except in so far as it relates to functions of the Commission under Electoral Act 1997
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Finance (Local Property Tax) (Amendment) Act 2021 (31/2021)
• Court of Appeal Act 2014 (18/2014)
• Protected Disclosures Act 2014 (14/2014)
• Electoral Acts 1992 to 2014
• Ethics in Public Office Acts 1995 and 2001
• Value-Added Tax Consolidation Act 2010 (31/2010)
• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)
• Aer Lingus Act 2004 (10/2004)
All Acts up to and including Finance (Local Property Tax) (Amendment) Act 2021 (31/2021), enacted 22 July 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Pharmaceutical Society of Ireland (Council) Rules 2008 (S.I. No. 492 of 2008)
• Standards in Public Office Act 2001 (Commencement Order) 2001 (S.I. No. 576 of 2001)
• Standards in Public Office Act 2001 (Sections 15 and 27) Regulations 2001 (S.I. No. 562 of 2001)
All statutory instruments up to and including European Union (Vehicle Drivers Certificate of Professional Competence) (Amendment) Regulations 2021 (S.I. No. 380 of 2021), made 22 July 2021, were considered in the preparation of this revision.
Number 31 of 2001
STANDARDS IN PUBLIC OFFICE ACT 2001
REVISED
Updated to 22 July 2021
ARRANGEMENT OF SECTIONS
Amendment of Principal Act
Repeals
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Acts Referred to |
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Capital Acquisitions Tax Act, 1976 |
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Capital Gains Tax Acts |
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Civil Service Regulation Act, 1956 |
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Courts and Court Officers Act, 1995 |
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Electoral Act, 1997 |
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Electoral Acts, 1992 to 1999 |
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Ethics in Public Office Act, 1995 |
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European Parliament Elections Act, 1999 |
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Freedom of Information Act, 1997 |
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Oireachtas (Allowances to Members) Act, 1938 |
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Statutory Declarations Act, 1938 |
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Tax Acts |
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Taxes Consolidation Act, 1997 |
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Unfair Dismissals Act, 1977 |
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Value-Added Tax Act, 1972 |
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Number 31 of 2001
STANDARDS IN PUBLIC OFFICE ACT 2001
REVISED
Updated to 22 July 2021
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMMISSION, TO BE KNOWN AS THE STANDARDS IN PUBLIC OFFICE COMMISSION, TO CONFER ON IT THE FUNCTIONS OF THE PUBLIC OFFICES COMMISSION AND CERTAIN OTHER FUNCTIONS, TO PROVIDE FOR THE FURNISHING OF TAX CLEARANCE CERTIFICATES TO THAT COMMISSION BY PERSONS UPON ELECTION TO EITHER HOUSE OF THE OIREACHTAS OR APPOINTMENT TO JUDICIAL OFFICE OR SENIOR OFFICE, TO AMEND THE STATUTORY DECLARATIONS ACT, 1938, THE ETHICS IN PUBLIC OFFICE ACT, 1995, AND THE ELECTORAL ACT, 1997, AND TO PROVIDE FOR CONNECTED MATTERS. [14th July, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 31 of 2001 |
Standards in Public Office Act 2001 |
The whole Act |
|
... |
... |
... |
C2
Application of collectively cited Ethics in Public Office Acts 1995 and 2001 restricted (27.09.2006) by Aer Lingus Act 2004 (10/2004), s. 12(1), S.I. No. 475 of 2006.
Certain Acts not to apply to Company.
12.—(1) With effect from the coming into operation of this subsection, the Ethics in Public Office Acts 1995 and 2001, shall cease to apply to the Company.