Criminal Justice (Joint Investigation Teams) Act 2004

Membership and terms and conditions of membership of joint investigation teams.

6

6.—(1) The Commissioner may assign such and so many members of the Garda Síochána as he or she considers appropriate to be members of a joint investigation team.

(2) The Minister may, after consultation with the Commissioner, the Minister for Finance and such other Ministers of the Government (if any) as the Minister considers appropriate and, in relation to officers of the Revenue Commissioners, with the Revenue Commissioners, appoint any of the following to be members of a joint investigation team:

( a) one or more officers of customs and excise,

( b) one or more other officers of the Revenue Commissioners or officers of the Minister or of any other Minister of the Government, or

( c) one or more other persons who, in the opinion of the Minister, have experience or expertise relevant to the investigation concerned.

(3) Members of a joint investigation team assigned under subsection (1), or appointed under paragraph (a) or (b) of subsection (2), shall—

( a) subject to subsection (4), be paid such remuneration, and allowances for expenses (if any) incurred by them, as they would have been paid if they continued to be members of the Garda Síochána, officers of customs and excise or other officers of the Revenue Commissioners, officers of the Minister or of any other Minister of the Government, as the case may be, and such remuneration and allowances for expenses (if any) shall continue to be paid to them in the same manner as if they had not been so assigned or appointed, and

( b) subject to this Act, continue to be subject to the same terms and conditions of employment as they were subject to immediately before they were so assigned or appointed.

(4) Members of a joint investigation team assigned under subsection (1), or appointed under paragraph (a) or (b) of subsection (2), who were paid certain allowances in respect of particular duties performed by them as members of the Garda Síochána, officers of customs and excise or other officers of the Revenue Commissioners, officers of the Minister or of any other Minister of the Government, as the case may be, before they were so assigned or appointed shall be paid those allowances during their membership of the team only if those duties are performed by them as members of the team.

(5) Members of a joint investigation team appointed under subsection (2)(c) shall—

( a) be paid such remuneration (if any), and allowances for expenses (if any) incurred by them, as the Minister may, with the consent of the Minister for Finance, determine, and

( b) subject to this Act, be subject to such other terms and conditions as the Minister may determine.

(6) ( a) The Commissioner may remove a member of a joint investigation team assigned under subsection (1) from such membership.

( b) The Minister may, if so requested by the Commissioner, remove a member of a joint investigation team appointed under subsection (2) from such membership.

(7) Members of the Garda Síochána or officers of customs and excise who are members of a joint investigation team shall continue to be vested with and may exercise or perform the powers and duties of members of the Garda Síochána or officers of customs and excise, as the case may be—

( a) for the purposes of their functions as members, and, if it is so provided in the agreement to establish the team, for the purposes of their functions as seconded members, of the team, and

( b) notwithstanding their membership of the team, for purposes other than the purposes of this Act.

Annotations:

Modifications (not altering text):

C2

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.

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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.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 20 of 2004

Criminal Justice (Joint Investigation Teams) Act 2004

Section 6(5)(a)

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