Standards in Public Office Act 2001

Number 31 of 2001

STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 1 March 2023

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 Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, and all statutory instruments up to and including the Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), made 1 March 2023, 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 1 March 2023

ARRANGEMENT OF SECTIONS

Section
1.	Interpretation.
2.	Establishment and membership of Commission.
3.	Additional functions of Commission.
4.	Complaints to Commission.
5.	Immunity etc., for complainants.
6.	Inquiry officers.
7.	Investigations by Commission.
8.	Identity of Persons making complaints.
9.	Costs of persons appearing before Commission or a Committee.
10.	Codes of conduct.
11.	Provisions in relation to statements under sections 17 and 18 of Principal Act.
12.	Registration date.
13.	Consequential and minor amendments of Principal Act.
14.	Transitional and saver.
15.	Adaptation of references in Principal Act and Act of 1997.
16.	Admissibility of certain evidence.
17.	Obstruction.
18.	Discovery of documents.
19.	Preservation of documents, etc.
20.	Provisions in relation to forms under section 5 of Principal Act and section 24 of Act of 1997.
21.	Evidence of compliance with Acts by members.
22.	Evidence of compliance with Acts before appointment to judicial office.
23.	Evidence of compliance with Acts by holders of senior office.
24.	Evidence of subsequent compliance with Acts by persons who contravene section 21 or 23.
25.	Tax clearance certificates for purposes of section 21, 22, 23 or 24.
26.	Amendment of Statutory Declarations Act, 1938.
27.	Removal of difficulties.
28.	Repeals and revocations.
29.	Short title, commencement, construction and collective citations.

SCHEDULE 1

Amendment of Principal Act

SCHEDULE 2

Repeals

Acts Referred to
	Capital Acquisitions Tax Act, 1976	1976, No. 8
	Capital Gains Tax Acts
	Civil Service Regulation Act, 1956	1956, No. 46
	Courts and Court Officers Act, 1995	1995, No. 31
	Electoral Act, 1997	1997, No. 25
	Electoral Acts, 1992 to 1999
	Ethics in Public Office Act, 1995	1995, No. 22
	European Parliament Elections Act, 1999	1999, No. 2
	Freedom of Information Act, 1997	1997, No. 13
	Oireachtas (Allowances to Members) Act, 1938	1938, No. 34
	Statutory Declarations Act, 1938	1938, No. 37
	Tax Acts
	Taxes Consolidation Act, 1997	1997, No. 39
	Unfair Dismissals Act, 1977	1977, No. 10
	Value-Added Tax Act, 1972	1972, No. 22

Number 31 of 2001

STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 1 March 2023

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):

Functions transferred and references to "Department of Public Expenditure, National Development Plan Delivery and Reform" and “Minister for Public Expenditure and Reform” construed (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch. in effect as per art. 1(2), subject to transitional provisions in arts. 4-6. This applies to the whole Act, other than s. 9.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Finance.

(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.

3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.

(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.

...

Schedule

Short Title of Act and Number	Provision
(1)	(2)
...	...
Standards in Public Office Act 2001 (No. 31 of 2001)	The whole Act, other than section 9.
...	...

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

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 31 of 2001	Standards in Public Office Act 2001	The whole Act
...	...	...

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.

Revised Acts

Latest News and Publications

Standards in Public Office Act 2001