8.—(1) Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.

(2) Without prejudice to the generality of subsection (1), the employer's duty extends, in particular, to the following:

(a) managing and conducting work activities in such a way as to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees;

(b) managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk;

(c) as regards the place of work concerned, ensuring, so far as is reasonably practicable—

(i) the design, provision and maintenance of it in a condition that is safe and without risk to health,

(ii) the design, provision and maintenance of safe means of access to and egress from it, and

(iii) the design, provision and maintenance of plant and machinery or any other articles that are safe and without risk to health;

(d) ensuring, so far as it is reasonably practicable, the safety and the prevention of risk to health at work of his or her employees relating to the use of any article or substance or the exposure to noise, vibration or ionising or other radiations or any other physical agent;

(e) providing systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be, so far as is reasonably practicable, safe and without risk to health;

(f) providing and maintaining facilities and arrangements for the welfare of his or her employees at work;

(g) providing the information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare at work of his or her employees;

(h) determining and implementing the safety, health and welfare measures necessary for the protection of the safety, health and welfare of his or her employees when identifying hazards and carrying out a risk assessment under section 19 or when preparing a safety statement under section 20 and ensuring that the measures take account of changing circumstances and the general principles of prevention specified in Schedule 3;

(i) having regard to the general principles of prevention in Schedule 3, where risks cannot be eliminated or adequately controlled or in such circumstances as may be prescribed, providing and maintaining such suitable protective clothing and equipment as is necessary to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees;

(j) preparing and revising, as appropriate, adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger;

(k) reporting accidents and dangerous occurrences, as may be prescribed, to the Authority or to a person prescribed under section 33, as appropriate, and

(l) obtaining, where necessary, the services of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.

(3) Any duty imposed on an employer under the relevant statutory provisions in respect of any of his or her employees shall also apply in respect of the use by him or her of the services of a fixed-term employee or a temporary employee.

(4) For the duration of the assignment of any fixed-term employee or temporary employee working in his or her undertaking, it shall be the duty of every employer to ensure that working conditions are such as will protect the safety, health and welfare at work of such an employee.

(5) Every employer shall ensure that any measures taken by him or her relating to safety, health and welfare at work do not involve financial cost to his or her employees.

9.—(1) Without prejudice to the generality of section 8, every employer shall, when providing information to his or her employees under that section on matters relating to their safety, health and welfare at work ensure that the information—

(a) is given in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employees concerned, and

(b) includes the following information—

(i) the hazards to safety, health and welfare at work and the risks identified by the risk assessment,

(ii) the protective and preventive measures to be taken concerning safety, health and welfare at work under the relevant statutory provisions in respect of the place of work and each specific task to be performed at the place of work, and

(iii) the names of persons designated under section 11 and of safety representatives selected under section 25, if any.

(2) Where an employee of another undertaking is engaged in work activities in an employer's undertaking, that employer shall take measures to ensure that the employee's employer receives adequate information concerning the matters referred to in subsection (1).

(3) Every employer shall ensure that employees appointed under section 18 and safety representatives, if any, have access, for the purposes of performing their functions relating to the safety, health and welfare of employees, to—

(a) the risk assessment carried out under section 19,

(b) information relating to accidents and dangerous occurrences required to be reported to the Authority or a person prescribed under section 33 under the relevant statutory provisions, and

(c) any information arising from protective and preventive measures taken under the relevant statutory provisions or provided by the Authority, a person prescribed under section 33, or a person referred to in section 34(2).

(4) (a) Where an employer proposes to use the services of a fixed-term employee or a temporary employee, the employer shall, prior to commencement of employment, give information to the employee relating to—

(i) any potential risks to the safety, health and welfare of the employee at work,

(ii) health surveillance,

(iii) any special occupational qualifications or skills required in the place of work, and

(iv) any increased specific risks which the work may involve.

(b) Where an employer proposes to use the services of a temporary employee, the employer shall—

(i) specify to the temporary employment business concerned the occupational qualifications necessary for and the specific features of the work for which such an employee is required, and

(ii) ensure that the temporary employment business gives the information referred to in paragraph (a) to the employee.

(5) The temporary employment business referred to in subsection (4)(b) shall give to the employee the information referred to in subsection (4)(b)(i).

10.—(1) Without prejudice to the generality of section 8 and having regard to sections 25 and 26, every employer shall, when providing instruction, training and supervision to his or her employees in relation to their safety, health and welfare at work, ensure that—

(a) instruction, training and supervision is provided in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employee concerned,

(b) employees receive, during time off from their work, where appropriate, and without loss of remuneration, adequate safety, health and welfare training, including, in particular, information and instructions relating to the specific task to be performed by the employee and the measures to be taken in an emergency,

(c) in relation to any specific task assigned to an employee, that his or her capabilities in relation to safety, health and welfare are taken into account,

(d) in the case of—

(i) a class or classes of particularly sensitive employees to whom any of the relevant statutory provisions apply, or

(ii) any employee or group of employees exposed to risks expressly provided for under the relevant statutory provisions,

the employees concerned are protected against the dangers that specifically affect them.

(2) Training under this section shall be adapted to take account of new or changed risks to safety, health and welfare at work and shall, as appropriate, be repeated periodically.

(3) Training under this section shall be provided to employees—

(a) on recruitment,

(b) in the event of the transfer of an employee or change of task assigned to an employee,

(c) on the introduction of new work equipment, systems of work or changes in existing work equipment or systems of work, and

(d) on the introduction of new technology.

(4) Where, in respect of any particular work, competency requirements are prescribed, the employer shall provide for the release of employees, during working hours, where appropriate, and without loss of remuneration, for the purpose of attending training in matters relating to safety, health and welfare at work as regards the particular work.

(5) Every employer shall ensure that persons at work in the place of work concerned who are employees of another employer receive instructions relating to any risks to their safety, health and welfare in that place of work as necessary or appropriate.

(6) Every employer who uses the services of a fixed-term employee or a temporary employee shall ensure that the employee receives the training appropriate to the work which he or she is required to carry out having regard to his or her qualifications and experience.

11.—(1) Without prejudice to the generality of section 8, every employer shall, in preparing and revising as necessary adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger—

(a) provide the necessary measures to be taken appropriate to the place of work for first aid, fire-fighting and the evacuation of employees and any other individual present in the place of work, taking account of the nature of the work being carried on and the size of the place of work,

(b) arrange any necessary contacts with the appropriate emergency services, in particular with regard to first aid, emergency medical care, rescue work and fire-fighting,

(c) for the purposes of implementing the plans, procedures and measures referred to in this section and section 8

(i) designate employees who are required to implement those plans, procedures and measures, and

(ii) ensure that the number of those employees, their training and the equipment available to them are adequate, taking into account either or both the size of and specific hazards relating to the place of work.

(2) In the event of an emergency or serious and imminent danger, an employer shall—

(a) as soon as possible inform all employees concerned of the risk involved and of the steps taken or to be taken to protect them from it,

(b) save in exceptional cases for the reasons specified in the plans and procedures referred to in subsection (1), refrain from requiring employees to carry out or resume work where there is still a serious and imminent danger to their safety and health, and

(c) ensure that, in the absence of appropriate guidance or instruction and having regard to the knowledge of the employee and the technical means at his or her disposal, and where the employee's immediate superior responsible cannot be contacted, the employee concerned may take appropriate steps to avoid the consequences of the danger.

(3) In the event of serious, imminent and unavoidable danger, an employer shall—

(a) take action and give instructions to enable employees to either or both stop work and immediately leave the place of work and to proceed to a safe place, and

(b) ensure that an employee who leaves a place of work is not penalised because of such action.

(4) An employer shall ensure that only employees who have received appropriate instructions have access to the area of the place of work where a serious, specific danger exists.

(5) This section does not apply to the following persons when they are engaged in activities relating to civil emergencies, public order, security or an act of war where any such activity prevents compliance with this section:

(a) members of the Defence Forces;

(b) members of the Garda Síochána;

(c) employees of a fire authority (within the meaning of the Fire Services Act 1981); or

(d) persons engaged in the activities of civil protection or civil defence.

12.—Every employer shall manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being his or her employees) are not exposed to risks to their safety, health or welfare.

13.—(1) An employee shall, while at work—

(a) comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee’s acts or omissions at work,

(b) ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person,

(c) if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed,

(d) co-operate with his or her employer or any other person so far as is necessary to enable his or her employer or the other person to comply with the relevant statutory provisions, as appropriate,

(e) not engage in improper conduct or other behaviour that is likely to endanger his or her own safety, health and welfare at work or that of any other person,

(f) attend such training and, as appropriate, undergo such assessment as may reasonably be required by his or her employer or as may be prescribed relating to safety, health and welfare at work or relating to the work carried out by the employee,

(g) having regard to his or her training and the instructions given by his or her employer, make correct use of any article or substance provided for use by the employee at work or for the protection of his or her safety, health and welfare at work, including protective clothing or equipment,

(h) report to his or her employer or to any other appropriate person, as soon as practicable—

(i) any work being carried on, or likely to be carried on, in a manner which may endanger the safety, health or welfare at work of the employee or that of any other person,

(ii) any defect in the place of work, the systems of work, any article or substance which might endanger the safety, health or welfare at work of the employee or that of any other person, or

(iii) any contravention of the relevant statutory provisions which may endanger the safety, health and welfare at work of the employee or that of any other person,

of which he or she is aware.

(2) An employee shall not, on entering into a contract of employment, misrepresent himself or herself to an employer with regard to the level of training as may be prescribed under subsection (1)(f).

14.—A person shall not intentionally, recklessly or without reasonable cause—

(a) interfere with, misuse or damage anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work, or

(b) place at risk the safety, health or welfare of persons in connection with work activities.

15.—(1) This section applies to a person who has control to any extent of—

(a) a non-domestic place of work that has been made available as a place of work to persons other than employees of the person to whom this section applies,

(b) the means of access to or egress from that place of work, or

(c) any article or substance provided for the use of persons at that place of work, other than employees of the person who has control of the article or substance,

including a person who has control of a place of work or part of a place of work in connection with the carrying on by him or her of a trade, undertaking or business (whether for profit or not).

(2) Where a person has, by virtue of any contract, tenancy, licence or other interest, an obligation to any extent—

(a) to maintain or repair a place of work or the means of access thereto or egress therefrom, or

(b) as regards the safety of, or the absence of risk to health arising from, any article or substance provided for use in, that place of work,

the person is deemed, for the purposes of this section, to be a person to whom this section applies to the extent of his or her obligation.

(3) A person to whom this section applies shall ensure, so far as is reasonably practicable, that the place of work, the means of access thereto, or egress therefrom, and any article or substance provided for use in the place of work, are safe and without risk to health.

16.—(1) A person who designs, manufactures, imports or supplies any article for use at work shall—

(a) ensure, so far as is reasonably practicable, that the article is designed and constructed so as—

(i) to be safe and without risk to health when properly used by a person at a place of work, and

(ii) to comply with the relevant statutory provisions and with the provisions of any relevant enactment implementing any relevant directive of the European Communities,

(b) ensure that the article undergoes appropriate levels of testing and examination to ensure compliance with paragraph (a),

(c) provide or arrange for the provision of adequate information about the article to the persons to whom it is supplied to ensure its safe use,

(d) ensure that persons to whom the article is supplied are provided with any revisions of the information provided under paragraph (c) as are necessary by reason of it becoming known that anything relating to the article gives rise to a serious risk to safety or health,

(e) if the person has responsibility under a rental, leasing or other arrangement to do so, maintain the article in a safe condition and in compliance with the relevant statutory provisions,

(f) comply with the relevant statutory provisions.

(2) For the purposes of subsection (1)(c), adequate information includes information relating to—

(a) the use for which the article has been designed, manufactured or tested, as the case may be, and

(b) any conditions necessary to ensure its safe installation, use, maintenance, cleaning, dismantling or disposal without risk to safety or health.

(3) A person who undertakes the design or manufacture of any article for use at work shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the design or article may give rise.

(4) A person who erects, assembles or installs any article for use at a place of work where that article is to be used by persons at work shall ensure, so far as is reasonably practicable, that nothing in the manner in which it is erected, assembled or installed makes the article unsafe or a risk to health when used at the place of work.

(5) A person who manufactures, imports or supplies a substance for use at work shall—

(a) ensure, so far as is reasonably practicable, that the substance is safe and without risk to health when properly used by a person at a place of work,

(b) ensure that the substance undergoes appropriate levels of testing and examination to ensure compliance with paragraph (a),

(c) provide or arrange for the provision of adequate information about the substance to the persons to whom it is supplied to ensure its safe use, and

(d) comply with the relevant statutory provisions and with the provisions of any relevant enactment implementing any relevant directive of the European Communities.

(6) For the purposes of subsection (5)(c), adequate information includes information relating to—

(a) the identification of the substance,

(b) any risk to safety or health associated with its inherent properties,

(c) the results of any relevant tests or examination which have been carried out on or in connection with the substance that are relevant to its safe use, and

(d) any conditions necessary to ensure its safe use, handling, processing, storing, transportation or disposal without risk to safety or health.

(7) A person who undertakes the manufacture of a substance, or in the case where the manufacture was undertaken outside the State, the importer, shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the substance may give rise when in use.

(8) Nothing in subsections (1) to (7) shall be read as requiring a person to repeat any testing, examination or research which has been carried out otherwise than by or on behalf of the person, in so far as it is reasonable for the person to rely on the results of that testing, examination or research, for the purposes of those subsections.

(9) Any duty imposed on a person by subsections (1) to (7) extends only to things done in the course of a trade, undertaking or business (whether for profit or not) carried on by the person and to matters within his or her control.

(10) Where a person designs, manufactures, imports or supplies an article or substance for use at work and does so for or to another person on the basis of a written undertaking by that other person to take specified steps that are sufficient to ensure, so far as is reasonably practicable, that the article or substance shall be safe and without risk to health or safety when it is used at a place of work, the undertaking has the effect of relieving the person who designs, manufactures, imports or supplies the article or substance from the duty imposed by paragraphs (a) and (b) of subsection (1) and paragraphs (a) and (b) of subsection (5) to such extent as is reasonable having regard to the terms of the undertaking.

(11) Nothing in subsection (9) or (10) relieves any person who imports any article or substance from any duty in respect of anything which—

(a) in the case of an article designed outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article, or

(b) in the case of an article or substance manufactured outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.

(12) Where a person (in this subsection referred to as “the supplier”) supplies to another person (in this subsection referred to as “the customer”) any article or substance for use at work under a hire-purchase agreement, a leasing agreement or credit-sale agreement, and the supplier—

(a) carried on the business of financing the acquisition of goods by others by means of those agreements, and

(b) in the course of that business acquired his or her interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third party,

then that third party and not the supplier shall be treated for the purposes of this section as supplying the article or substance to the customer and any duty imposed by this section on suppliers shall, accordingly, fall on that third party and not on the supplier.

(13) For the purposes of this section, an absence of safety or a risk to health shall be disregarded in so far as the case is or, in relation to which it would arise is shown to be, one the occurrence of which could not reasonably be foreseen and, in determining whether a duty imposed by paragraphs (a) and (b) of subsection (1) or paragraphs (a) and (b) of subsection (5) has been performed, regard shall be had to any relevant information or advice which has been provided to any person by the person who designed, manufactured, imported or supplied the article or by the person who manufactured, imported or supplied the substance.

17.—(1) A person who commissions or procures a project for construction work shall appoint in writing a competent person or persons for the purpose of ensuring, so far as is reasonably practicable, that the project—

(a) is designed and is capable of being constructed to be safe and without risk to health,

(b) is constructed to be safe and without risk to health,

(c) can be maintained safely and without risk to health during subsequent use, and

(d) complies in all respects, as appropriate, with the relevant statutory provisions.

(2) A person who designs a project for construction work shall ensure, so far as is reasonably practicable, that the project—

(a) is designed and is capable of being constructed to be safe and without risk to health,

(b) can be maintained safely and without risk to health during use, and

(c) complies in all respects, as appropriate, with the relevant statutory provisions.

(3) A person who carries out construction work shall ensure, so far as is reasonably practicable, that it is constructed to be safe and without risk to health and that it complies in all respects, as appropriate, with the relevant statutory provisions.

(4) For the purposes of this section, ‘project’ means any development which includes or is intended to include construction work.

32.—(1) Notwithstanding the repeal of the Act of 1989 by section 4—

(a) the National Authority for Occupational Safety and Health shall continue in being and shall from the commencement of this Act be known as the Health and Safety Authority (and in this Act referred to as the “Authority”), and

(b) anything commenced but not completed before the commencement of that section by the Authority may be carried on and completed by it after such commencement as if that Act had not been repealed.

(2) Where, immediately before the commencement of section 4, any legal proceedings are pending to which the National Authority for Occupational Safety and Health is a party, the name of the Authority shall be substituted in the proceedings for that of the National Authority for Occupational Safety and Health and the proceedings shall not abate by reason of such substitution.

(3) The Authority shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) Schedule 5 applies to the Authority.

33.—(1) Subject to section 34, the Minister, with the consent of the Minister for Finance, and after consultation with any other Minister of the Government that the Minister considers appropriate, may prescribe persons to perform such functions in lieu of the Authority in respect of the implementation of any of the relevant statutory provisions, and to the extent as may be prescribed.

(2) A person prescribed under this section shall, in accordance with any guidelines given to the person by the Authority—

(a) make adequate arrangements for the performance of functions to the extent prescribed under subsection (1),

(b) perform any other functions conferred on the person by any of the relevant statutory provisions, and

(c) furnish to the Authority an annual report in accordance with subsection (3) and such other reports and information relating to his or her functions and activities under this Act, or as prescribed, as the Authority may from time to time require.

(3) As soon as practicable but in any case not later than 2 months after the end of each year, a person prescribed under this section shall prepare and submit a report (in this section referred to as the “annual report”) to the appropriate Minister referred to in subsection (1) and to the Authority.

(4) The annual report shall be in the form that the Authority may direct and shall include—

(a) information on the performance of the person concerned of his or her functions and activities under this Act or as prescribed, and

(b) any other information that the person considers appropriate or as the Minister may require.

33A.—The powers and functions vested in Forfás by section 9 of the Act of 1993, in so far as they are for the purposes of and relate to accreditation, are transferred to the Authority.]

34.—(1) The general functions of the Authority are—

(a) to promote, encourage and foster the prevention of accidents, dangerous occurrences and personal injury at work in accordance with the relevant statutory provisions,

(b) to promote, encourage, foster and provide education and training in the safety, health and welfare of persons at work,

(c) to encourage and foster measures promoting the safety, health and welfare of persons at work,

(d) subject to subsection (2) and section 33, to make adequate arrangements for the enforcement of the relevant statutory provisions,

F11[(dd) to perform the functions conferred on the Authority by the Chemicals Act 2008, ]

F12[(de) in relation to accreditation—

(i) to carry out accreditation in accordance with—

(I) the powers and functions transferred to it by section 33A (inserted by section 29 of the Industrial Development (Forfás Dissolution) Act 2014), and

(II) the Accreditation Regulation,

(ii) to establish such procedures for the operation of accreditation as it considers appropriate including procedures for monitoring, inspecting and auditing conformity assessment bodies, and

(iii) to make any arrangements that it considers appropriate for providing information and advice on matters relating to accreditation,]

(e) to monitor, evaluate and make recommendations to the Minister regarding implementation of and compliance with—

(i) the relevant statutory provisions, and

(ii) best practice relating to safety, health and welfare at work, and the review and maintenance of relevant records by employers,

(f) to promote, encourage and foster co-operation with and between persons or bodies of persons that represent employees and employers and any other persons or bodies of persons, as appropriate, as regards the prevention of risks to safety, health and welfare at work in accordance with the relevant statutory provisions,

(g) to make any arrangements that it considers appropriate for providing information and advice on matters relating to safety, health and welfare at work,

(h) to make any arrangements that it considers appropriate to conduct, commission, promote, support and evaluate research, surveys and studies on matters relating to the functions of the Authority and for this purpose—

(i) to foster and promote contacts and the exchange of information with other persons or bodies of persons involved in safety, health and welfare at work in and outside the State, and

(ii) as it considers appropriate, to publish in the form and manner that the Authority thinks fit, results arising out of such research, studies and surveys,

(i) in accordance with section 43, to prepare and adopt a strategy statement and to monitor its implementation,

(j) in accordance with section 44, to prepare and adopt a work programme,

F13[(k) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), that the Minister may from time to time give to the Authority,]

(l) to give to the Minister any information relating to the performance of its functions that the Minister may from time to time require, and

(m) to perform any additional functions conferred on the Authority by order under section 35.

(2) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may make agreements with—

(a) any Minister of the Government, or other person, for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions, or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) any functions that may appropriately be performed by the Authority in connection with its functions under this Act.

F14[(2A) The functions of the Authority referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) of subsection (1) are delegated to the Accreditation Board and subject to this Act, shall be performed on behalf of the Authority by the Accreditation Board.]

(3) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.

(4) The Authority may perform any of its functions through or by the Chief Executive or any other member of staff of the Authority duly authorised by the Authority to act in that behalf.

35.—(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Authority and any other Minister of the Government that he or she considers appropriate, by order—

(a) confer on the Authority any additional functions connected with the functions for the time being of the Authority that the Minister considers appropriate, subject to the conditions (if any) that may be specified in the order, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of those additional functions.

(2) (a) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

(b) An order under this subsection shall be made in the like manner, and subject to the same consent and consultations (if any) as the order that it is amending or revoking.

36.—(1) The Authority may, without prejudice to its general responsibilities under this Act, perform any of its functions (other than those set out in section 34(1)(d)), provide any of its services or carry on any of its activities through a subsidiary (within the meaning of the Companies Acts 1963 to 2003) which is wholly owned by the Authority and, accordingly, the Authority may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, provision or carrying on, form and register such a subsidiary.

(2) The memorandum and articles of association of a subsidiary referred to in this section shall be in the form that may be determined by the Authority with the consent of the Minister and the Minister for Finance.

(3) (a) The Minister may give to the Authority such directions in writing as he or she considers appropriate in relation to any policy, programme or activity of a subsidiary and the body concerned shall comply or, as may be appropriate, secure compliance with that direction.

(b) A direction under paragraph (a) shall not apply to any particular undertaking or person (other than a subsidiary).

(4) A direction under subsection (3) in relation to the disposal of any assets or profits of a subsidiary shall not be given without the consent of the Minister for Finance.

37.—(1) The Authority shall consist of a chairperson and 11 ordinary members who shall be appointed by the Minister, who shall comprise the Board of the Authority.

(2) The ordinary members of the Authority shall be—

(a) 3 persons nominated by such organisations representative of employees as the Minister considers appropriate,

(b) 3 persons nominated by such organisations representative of employers as the Minister considers appropriate,

(c) 5 persons as the Minister considers appropriate which shall include one person from the Department under whose auspices the Authority operates.

(3) The Minister shall, for the purposes of paragraph 13(b) of Schedule 5, designate one of the ordinary members of the Authority to be deputy chairperson of the Authority.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, a person who is a member of the Authority immediately before the commencement of that section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office in accordance with Schedule 5.

38.—(1) The Authority may from time to time establish advisory committees to advise it in relation to any of its functions and may determine the membership, term of office and terms of reference and regulate the procedure of any such committee.

(2) Where the Authority has appointed an advisory committee, it shall appoint one of the members of the committee as chairperson of that committee and another as deputy chairperson who shall act in the absence of the chairperson.

(3) The members of an advisory committee established under this section shall be paid by the Authority such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, a person who is a member of an advisory committee immediately before the commencement of that section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office.

39.—(1) There shall be a chief executive officer of the Authority who shall be known and is referred to in this Act as the “Chief Executive”.

(2) The Chief Executive shall be appointed and may be removed from office in accordance with the terms and conditions of his or her appointment by the Authority with the consent of the Minister.

(3) The Authority, with the consent of the Minister and the Minister for Finance, may appoint one or more assistants to the Chief Executive who shall be known and is referred to in this Act as the “Assistant Chief Executive”.

(4) The Chief Executive shall carry on, manage and control generally the administration and business of the Authority and perform any other functions that may be conferred on him or her by this Act or as may be determined by the Authority.

(5) The Chief Executive shall—

(a) prepare and submit to the Authority a draft strategy statement in accordance with section 43 and a draft work programme in accordance with section 44,

(b) provide annual and other progress reports to the Authority on the implementation of the strategy statement at such intervals as the Authority may from time to time direct,

(c) provide advice to the Authority with respect to any matter within, affecting or connected with the functions of the Authority,

(d) provide to the Authority any information, including financial information, relating to the performance of his or her functions as the Authority may from time to time require, and

(e) manage all matters relating to appointments, performance, discipline and dismissals of staff below the position of Assistant Chief Executive.

(6) Notwithstanding the repeal of the Act of 1989 by section 4, the Chief Executive of the Authority holding office immediately before the commencement of this Act shall continue in office as Chief Executive for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office.

(7) Schedule 6 applies to the Chief Executive.

40.—(1) The Authority may, from time to time, engage consultants or advisers that it considers necessary or expedient for the performance by it of its functions.

(2) Any fees payable by the Authority to a consultant or adviser engaged under this section shall be paid by it out of moneys at its disposal and it shall have regard to guidelines issued from time to time by the Minister or the Minister for Finance.

(3) The Authority shall comply with any directions with regard to consultants or advisers engaged under this section that the Minister may give to it with the consent of the Minister for Finance.

41.—(1) Where at a meeting of the Authority any of the following matters arise, namely—

(a) an arrangement to which the Authority is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Authority or a proposed such contract or other agreement,

then, any member of the Authority present at the meeting who has a material interest in the matter, otherwise than in his or her capacity as such a member, shall—

(i) at the meeting, in advance of any consideration of the matter, disclose to the Authority the fact of the interest and the nature of the interest,

(ii) neither influence nor seek to influence a decision relating to the matter,

(iii) absent himself or herself from any meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Authority relating to the matter, and

(v) not vote on a decision relating to the matter.

(2) Where a member discloses a material interest in a matter under this section—

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Authority otherwise determines.

(3) Where, at a meeting of the Authority, a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would be a failure by the member to comply with the requirements of subsection (1)—

(a) the question may, subject to subsection (4), be determined by the chairperson of the meeting, whose decision shall be final, and

(b) where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where at a meeting of the Authority, the chairperson of the meeting is the member in respect of which a question to which subsection (3) applies is to be determined, then the other members of the Authority attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(5) If satisfied that a member of the Authority has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office or take any other action that the Minister considers appropriate.

(6) A person who is removed from office under subsection (5) is disqualified from membership of the Authority.

42.—(1) Where a member of the staff (including the Chief Executive) of the Authority or a consultant, adviser or other person engaged by the Authority has a material interest, otherwise than in his or her capacity as such a member or as such a consultant, adviser or other person engaged by the Authority, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Authority is a party, that person shall—

(a) disclose to the Authority his or her interest and the nature of the interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision relating to the matter nor make any recommendation in relation to the contract, agreement or arrangement, and

(c) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Authority or staff of the Authority relating to the matter.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Authority.

(3) Where a person contravenes this section the Authority may decide on the appropriate action to be taken including alterations to the person’s terms and conditions of employment or contract for services or termination of the person’s contract of employment or for services.

43.—(1) At the times set out in subsection (2)(f), the Authority shall prepare and submit to the Minister for his or her approval, with or without amendment, a strategy statement for the following 3 year period.

(2) A strategy statement shall—

(a) specify the key objectives, outputs and related strategies (including the use of resources) of the Authority,

(b) have regard to the need to ensure the most beneficial, effective and efficient use of the Authority’s resources,

(c) except for the first strategy statement, include a review of the outcomes and effectiveness of the preceding strategy statement,

(d) specify the manner in which the Authority proposes to assess its performance in respect of the objectives referred to in paragraph (a), taking account of relevant performance indicators (financial and non-financial),

(e) be prepared in the form and manner that the Minister may from time to time direct,

(f) be prepared and submitted to the Minister not later than—

(i) in the case of the first strategy statement, 4 months after the coming into operation of section 32, and

(ii) in the case of each subsequent strategy statement, the third anniversary of the date of submission of the preceding strategy statement,

and

(g) include any other matters that the Minister may from time to time direct.

(3) When preparing the strategy statement, the Authority may consult such persons or bodies of persons that it considers appropriate.

(4) A strategy statement is deemed to be adopted when it is approved by the Minister.

(5) As soon as practicable after a strategy statement has been approved, the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas and the strategy statement shall be published in the form and manner that the Authority considers appropriate.

44.—(1) The Authority shall prepare and submit to the Minister for his or her approval with or without amendment, at least 2 months before the commencement of each year, a work programme relating to the discharge of its functions, including—

(a) having regard to the strategy statement, the objectives of the Authority for that year and its strategy for achieving those objectives,

(b) the priorities of the Authority for that year, having regard to those objectives and its available resources, and

(c) any other matters that the Minister may from time to time specify when issuing directions or guidelines under subsection (2).

(2) The Minister may, from time to time, issue directions or guidelines to the Authority concerning the preparation of the work programme and the Authority shall comply with those directions and prepare the work programme in accordance with those guidelines.

(3) A work programme is deemed to be adopted when it is approved by the Minister.

45.—(1) In each year there may be paid to the Authority out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance, determines for the purposes of expenditure by the Authority in performing its functions.

(2) The Authority may with the consent of the Minister and the Minister for Finance invest money in such manner as it thinks fit.

(3) The Authority may, subject to sections 46 and 47, with the prior consent of the Minister and the Minister for Finance, seek and accept moneys from any source and subject to any conditions that the Minister may approve of, from time to time.

46.—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to the conditions they may determine.

47.—(1) Subject to the approval of the Minister and the Minister for Finance, the Authority may—

F15[(a) determine the amount of such fees as it considers appropriate in consideration of—

(i) the performance by the Authority of its functions,

(ii) the provision by the Authority of services (other than a service consisting of the provision of advice to the Minister or another Minister of the Government),

(iii) the carrying on by the Authority of activities,

(iv) the performance by the Accreditation Board of its functions, and

(v) the performance by the Appeals Board of its functions,]

(b) provide for the payment of different fees or for the exemption from the payment of fees or for the waiver, remission or refund (in whole or in part) of fees in different circumstances or classes of circumstances or for different cases or classes of cases,

(c) sell, for such prices as it considers appropriate, anything produced, published, approved or developed by, or in co-operation with, the Authority, and

(d) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the further development and commercial exploitation of anything produced, published or developed by the Authority,

F16[(e) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the purposes of any of the functions of the Authority referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014),]

and shall record receipts from such fees, sales or payments as income.

(2) The Authority shall make available on request, free of charge, details of fees determined under this section.

(3) Fees, prices and payments referred to in subsection (1) in respect of functions performed, services provided, activities carried on or things sold, shall not, save with the prior approval of the Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production, publication or development of the thing, as the case may be.

(4) The Authority may recover any amount due and owing to it under subsection (1) from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(5) The Public Offices Fees Act 1879 does not apply to fees charged in accordance with this section.

48.—(1) The Authority shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, and in respect of each year all proper and usual accounts or other records, including an income and expenditure account, a cash flow statement and a balance sheet, of—

(a) all income received and expenditure by the Authority in performing its functions under this Act,

(b) the sources of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of the Authority.

(2) Accounts kept in pursuance of this section shall be submitted not later than 3 months after the end of the year to which they relate by the Authority to the Comptroller and Auditor General for audit and, after the audit—

(a) a copy of the accounts, statement and balance sheet and of any other accounts kept under this section as the Minister, after consultation with the Minister for Finance, may direct, and

(b) a copy of the report of the Comptroller and Auditor General on the accounts,

shall, within one month of receipt by the Authority of the report referred to in paragraph (b), be presented to the Minister.

(3) The Minister shall cause a copy of the accounts and the auditor’s report referred to in subsection (2) to be laid before each House of the Oireachtas.

49.—(1) The Chief Executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required to prepare under this Act,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section and section 50, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(3) For the purposes of sections 46, 47, 48 and this section, “Authority” shall include any subsidiary or subsidiaries of the Authority.

50.—(1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee referred to in section 49,

(b) the Committee on Members’ Interests of Dáil Éireann, or

(c) the Committee on Members’ Interests of Seanad Éireann,

or a subcommittee of such a Committee.

(2) Subject to subsection (3), the Chief Executive shall, at the request in writing of a Committee, attend before it to account for the general administration of the Authority as may be required by the Committee.

(3) The Chief Executive shall not be required to account to a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the Chief Executive is of the opinion that a matter in respect of which the Chief Executive is requested to account to a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Chief Executive is before it, the information shall be so conveyed in writing.

(5) Where the Chief Executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the Chief Executive shall not attend before the Committee to account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the Chief Executive shall attend before the Committee to account for the matter.

51.—(1) As soon as practicable, but in any case not later than 3 months after the end of each year, the Authority shall prepare and submit a report (in this section referred to as the “annual report”) to the Minister and the Minister shall cause copies of the annual report to be laid before each House of the Oireachtas.

(2) The annual report shall be in the form that the Minister may direct and shall include—

(a) information on the performance of the Authority’s functions during the year to which the report relates having regard to the strategy statement and work programme of the Authority,

(b) information on the performance of any agreement under section 34(2),

(c) information in relation to any annual report furnished to the Authority under section 33(3), and

(d) any other information that the Authority considers appropriate or that the Minister may require.

(3) The Authority—

(a) may, as it considers appropriate, make any other reports to the Minister relating to its functions, and

(b) shall publish its annual report.

52.—(1) The Authority may, with the consent of the Minister and the Minister for Finance, appoint such number of persons to be members of the staff of the Authority as it from time to time determines.

(2) A member of the staff of the Authority (other than the Chief Executive) shall—

(a) be employed on the terms and conditions (including terms and conditions relating to remuneration) that the Authority, with the consent of the Minister and the Minister for Finance, may determine, and

(b) be paid out of moneys at the disposal of the Authority the remuneration and allowances for expenses (if any) incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(3) The grades of the staff of the Authority, and the numbers of staff in each grade shall be determined by the Authority with the consent of the Minister and the Minister for Finance.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, every person who, immediately before the commencement of that section, was a member of the staff of the Authority shall continue to be a member of the staff of the Authority and each such person shall not, after such commencement, be subject to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the said commencement.

53.—The Authority, in determining the remuneration or allowances for expenses to be paid to members of its staff (including the Chief Executive) or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant and to Government policy concerning remuneration and conditions of employment that is so extant and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions that the Minister may give to the Authority with the consent of the Minister for Finance.

54.—(1) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of the staff of, the Authority.

(2) The Minister shall not make an order under subsection (1) without having notified in writing the officer concerned and any recognised trade unions or staff associations concerned and the Authority of his or her intention to do so and having considered any representations made by him or her, or by them or by any of them, in relation to the matter within the time specified in the notification.

(3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer designated under subsection (1), who is transferred by that subsection to the staff of the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he or she was subject immediately before the day on which he or she was transferred.

(4) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of officers transferred under subsection (1) are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Authority or the Chief Executive, as the case may be, while they are in the service of the Authority, and no such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to an officer immediately before the day on which he or she was transferred under subsection (1), save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(5) (a) The terms and conditions relating to tenure of office which are granted by the Authority to an officer designated under subsection (1) and transferred to its staff shall not, while he or she is in the service of the Authority, be less favourable to him or her than those applicable for the time being in the civil service.

(b) Any alteration in the conditions in regard to tenure of office of any such officer shall not be such as to render those conditions less favourable to him or her than those applicable in the civil service at the time of the alteration, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(c) If a dispute arises between the Authority and any such officer as to conditions applicable in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.

(6) In relation to officers transferred to the staff of the Authority under subsection (1), previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2003, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Unfair Dismissals Acts 1977 to 2001 and the Terms of Employment (Information) Acts 1994 and 2001.

54A.—(1) The Minister may designate in writing such and so many members of the staff of Forfás as he or she decides to be transferred to the Authority from such date as may be specified in the designation (in this section referred to as “the effective date”).

(2) A member of staff of Forfás designated in accordance with subsection (1) shall become and be a member of staff of the Authority from the effective date.

(3) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person transferred by virtue of a designation under subsection (1) to the staff of the Authority shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the effective date.

(4) In relation to a person transferred to the Authority in accordance with subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a) the Redundancy Payments Acts 1967 to 2012;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 to 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(5) Subject to subsection (6), the provisions of a scheme or arrangement in relation to superannuation that immediately before the effective date apply to, or in respect of, a person transferred to the Authority in accordance with subsection (1) shall continue to apply to, or in respect of, that person on and after the effective date.

(6) Subsection (5) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.

(7) Every person transferred to the Authority in accordance with subsection (1), to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, shall on the effective date become a member of the superannuation scheme of the Authority made under section 56 which scheme shall, in relation to such persons, be deemed to stand amended in such respects as are necessary to take account of any provisions that apply to, or in respect of, that person by virtue of subsection (5) and if any of those provisions provide for the exercise of a discretion, the Authority shall, on and after the effective date, exercise that discretion.

(8) Any period of service by a person as a member of staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to, or in respect of, members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of the superannuation scheme of the Authority referred to in subsection (7).]

55.—(1) The Authority shall, following consultation with the Minister and the Minister for Finance, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff.

(2) The Authority shall publish any code of conduct drawn up under subsection (1).

56.—(1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of its staff (including the Chief Executive).

(2) A scheme under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of person.

(3) The Authority may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section including a scheme under this subsection or a scheme to which subsection (5) applies.

(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) Notwithstanding the repeal of the Act of 1989 by section 4, any scheme for the granting of superannuation benefits to or in respect of any members of staff of the Authority in operation immediately before the commencement of the said section 4 shall continue in operation after such commencement.

(6) A scheme or schemes under this section shall, as respects a person transferred under section 54 to be a member of the staff of the Authority, provide for the granting to or in respect of him or her of superannuation benefits upon and subject to terms and conditions that are not less favourable to him or her than the terms and conditions applied to him or her immediately before the day on which he or she was so transferred in relation to the grant of such benefits.

(7) Where, during the period between commencement of this section and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 54 to the staff of the Authority in respect of his or her employment as an officer of the Minister, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and for that purpose his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service.

(8) Subject to subsection (7), no superannuation benefit shall be granted by the Authority to or in respect of any members of its staff (including the Chief Executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such persons, otherwise than in accordance with a scheme submitted and approved under this section or with the consent of the Minister and the Minister for Finance.

(9) If a dispute arises as to the claim of a person to, or the amount of, a superannuation benefit payable in respect of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance.

(10) The Minister shall cause every scheme submitted and approved under this section, including an amendment of a scheme, to be laid before each House of the Oireachtas as soon as practicable after it is approved and, if a resolution annulling the scheme is passed by either House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done under the scheme.

56A.—(1) The committee established as a committee of Forfás by resolution of the Board of Forfás pursuant to section 10 (amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998) of the Act of 1993 and known as the Irish National Accreditation Board shall on the coming into operation of this section—

(a) become and be a committee of the Authority under this section, and

(b) be known as the Irish National Accreditation Board (in this Act referred to as the "Accreditation Board").

(2) The Accreditation Board is the single national accreditation body for the purposes of the Accreditation Regulation.

(3) The Accreditation Board shall, on behalf of the Authority, perform the functions delegated to the Board under section 34(2A) (inserted by section 30(b) of the Industrial Development (Forfás Dissolution) Act 2014).

(4) The Accreditation Board shall have all powers necessary or expedient for the performance of its functions.

(5) The Accreditation Board shall be independent in the performance of its functions.

(6) The Authority shall designate a member of its staff (in this Act referred to as the "Manager of the Accreditation Board") to carry on and manage, and control generally the administration of the Accreditation Board.

(7) Subject to subsection (8), the Accreditation Board may perform any one or more of its functions through or by—

(a) any member of the staff of the Authority designated for that purpose by the Authority, or

(b) the Manager of the Accreditation Board.

(8) The Manager of the Accreditation Board may enter into contracts referred to in section 47(1)(e) (inserted by section 33(b) of the Industrial Development (Forfás Dissolution) Act 2014) on behalf of the Authority.

(9) The Accreditation Board shall furnish the Authority with such information regarding the performance of the functions of the Board as the Authority may from time to time request.

(10) Subject to subsection (11), the members of the Accreditation Board shall be appointed by the Authority and the Authority shall, in making such appointments, take into account the expertise required by the Board to enable the Board to carry out its functions.

(11) A person who is a member of the Accreditation Board immediately before the coming into operation of this section shall continue in office as such a member unless he or she dies, resigns or is disqualified from office or otherwise ceases to hold office and Schedule 6A (inserted by section 36 of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to such a person on the coming into operation of this section.

(12) Schedule 6A (inserted by section 36 of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to the Accreditation Board.

(13) A reference in any enactment to—

(a) the National Accreditation Board,

(b) the National Accreditation Board as a committee of Forfás,

(c) the Irish National Accreditation Board, or

(d) the Irish National Accreditation Board as a committee of Forfás,

shall be taken to be a reference to the Accreditation Board as a committee of the Authority referred to in subsection (1).

(14) In this section "enactment" has the same meaning as it has in the Interpretation Act 2005.]

56B.—(1) All property (other than land), including choses-in-action, that immediately before the coming into operation of this section was enjoyed by or on behalf of Forfás in connection with the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) shall, on the coming into operation of this section, stand vested in the Authority without any transfer or assignment.

(2) Every chose-in-action vested in the Authority by virtue of subsection (1) may, on and from the coming into operation of this section, be sued on, recovered or enforced by the Authority in its own name, and it shall not be necessary for the Authority to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.]

56C.—(1) All arrangements relating to accreditation and other rights and liabilities arising by virtue of any contract or commitment (express or implied) entered into by or on behalf of Forfás in connection with functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) before the coming into operation of this section shall on that coming into operation stand transferred to the Authority.

(2) Every right and liability transferred by subsection (1) to the Authority may, on and after the coming into operation of this section, be sued on, recovered or enforced by or against the Authority in its own name, and it shall not be necessary for the Authority, or Forfás, to give notice to the person whose right or liability is transferred by that subsection of such transfer.]

56D.—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, by or on behalf of Forfás before the coming into operation of this section, of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) shall on and after that coming into operation lie against the Authority and not against Forfás.

(2) Any legal proceedings pending immediately before the coming into operation of this section to which Forfás is a party, that relate to any of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), shall be continued with the substitution in the proceedings of the Authority, in so far as they so relate, for Forfás.

(3) Where, before the coming into operation of this section, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against Forfás, be enforceable against the Authority and not Forfás.

(4) Any claim made or proper to be made by Forfás in respect of any loss or injury arising from the act or default of any person before the coming into operation of this section shall, where the claim relates to any of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), be regarded as having being made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.]

56E.—(1) Subject to section 56H(14), anything commenced and not completed before the coming into operation of this section by or on behalf of Forfás may, in so far as it relates to a function referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), be carried on or completed on or after that coming into operation by the Authority in accordance with this Act.

(2) Any money, stocks, shares or securities transferred by section 56B (inserted by section 32 of the Industrial Development (Forfás Dissolution) Act 2014) that immediately before the coming into operation of section 56B were standing in the name of Forfás shall, on the request of the Authority, be transferred into its name.

(3) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Authority under section 56B or 56C shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

(4) A document which purports to be a certificate signed by the Minister referred to in subsection (3) shall be taken to be such a certificate unless the contrary is shown.]

56F.—Each record held by or on behalf of Forfás, in relation to a function referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), immediately before the coming into operation of section 34(1)(de), is on that coming into operation transferred to the Authority and is, on and from that coming into operation, held by the Authority.]

56G.—(1) Subject to subsection (2), the Authority shall, as soon as practicable after the coming into operation of this section, establish an Appeals Board and shall appoint 3 people to the Appeals Board with a special interest or expertise in, or knowledge of, the functions referred to in section 34(1) (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014).

(2) The Authority shall not appoint a member of the Authority, the Chief Executive, a member of the staff of the Authority or a member of the Accreditation Board to be a member of the Appeals Board.

(3) A member of the Appeals Board shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Authority determines.

(4) The Authority shall appoint a chairperson of the Appeals Board from among the members of the Board and that chairperson shall regulate the procedure of the Board.

(5) Subject to paragraph (6), a member of the Appeals Board whose term of membership of the Appeals Board expires shall be eligible for reappointment as a member of the Appeals Board.

(6) A person who is reappointed to the Appeals Board shall not hold office for periods the aggregate of which exceeds 10 years.

(7) A member of the Appeals Board, including the chairperson, is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(8) A member of the Appeals Board may at any time resign from office by giving notice in writing to the Authority of his or her resignation and the resignation shall take effect on the day on which the Authority receives the notice.

(9) The Authority may at any time remove from office a member of the Appeals Board if, in the opinion of the Authority—

(a) the member has become incapable through ill-health of effectively performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Authority to be necessary for the effective performance by the Appeals Board of its functions.

(10) A member of the Appeals Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty,

(f) is disqualified or restricted from being a director of any company within the meaning of the Companies Acts, or

(g) is removed from office under subsection (9).

(11) If a member of the Appeals Board dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Authority may appoint a person to be a member of the Appeals Board to fill the casual vacancy so occasioned.

(12) A person appointed to be a member of the Appeals Board under subsection (11) —

(a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of his or her appointment,

(b) is eligible for reappointment as a member of the Appeals Board on the expiry of that period, and

(c) shall, for the purposes of the period referred to in subsection (6), be taken to have been appointed on the date of that person’s appointment to fill the casual vacancy concerned.

(13) The Appeals Board shall be independent in the performance of its functions.]

56H.—(1) A conformity assessment body may make an appeal to the Appeals Board in respect of—

(a) a decision of the Accreditation Board in respect of accreditation in relation to the body, or

(b) a failure by the Accreditation Board to make a decision in respect of accreditation in relation to the body.

(2) An appeal under subsection (1) (a) shall be made within 30 days of the notification by the Accreditation Board in writing of the decision to the conformity assessment body.

(3) A conformity assessment body may by notice in writing request the Accreditation Board to make a decision in respect of accreditation in relation to that body and where that Board fails to make the decision within 30 days, the conformity assessment body may appeal against that failure.

(4) An appeal by a conformity assessment body shall be made in such form as may be specified by the Appeals Board and shall—

(a) in the case of an appeal under subsection (1) (a), specify the decision being appealed and the grounds of the appeal,

(b) in the case of an appeal under subsection (1) (b), specify the matter in respect of which the Accreditation Board has failed to make a decision,

(c) be accompanied by any documents on which the body relies,

(d) be accompanied by such fee (if any) as may be determined by the Authority under section 47 (amended by section 33 of the Industrial Development (Forfás Dissolution) Act 2014), and

(e) be accompanied by such other information or documentation as may be specified by the Appeals Board.

(5) The Appeals Board may refuse to hear an appeal where, in the opinion of that Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(6) The Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal and each of the parties to an appeal is entitled to be heard at the hearing of an appeal and to present evidence to the Board.

(7) The Appeals Board may adjourn any hearing by it of a matter until a date specified by it.

(8) A decision by a majority of the members of the Appeals Board shall suffice for any purpose.

(9) The Appeals Board shall determine an appeal within 90 days from the making of an appeal and which may be a determination—

(a) in relation to an appeal under subsection (1)(a) —

(i) affirming the decision of the Accreditation Board, or

(ii) quashing the decision of the Accreditation Board and directing the Accreditation Board, for stated reasons, to reconsider its decision, and

(b) in relation to an appeal under subsection (1)(b) —

(i) that the Accreditation Board has not failed to make a decision, or

(ii) that the Accreditation Board has failed to make a decision and directing the Accreditation Board to make a decision within such time as may be specified by the Appeals Board.

(10) The Appeals Board shall notify the appellant, the Accreditation Board and the Authority in writing of its determination under subsection (9), including the reasons under paragraph (a) (ii) of that subsection, within 10 days of making the determination.

(11) The Accreditation Board shall comply with every direction given to it under paragraph (a)(ii) or paragraph (b)(ii) of subsection (9).

(12) A conformity assessment body may withdraw an appeal made under this section at any time by notice in writing to the Appeals Board and the Accreditation Board.

(13) In considering and determining an appeal under this section, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Authority.

(14) An appeal by a conformity assessment body against a decision of the Accreditation Board in relation to accreditation pursuant to the Accreditation Regulation commenced but not determined—

(a) prior to the coming into operation of this section, and

(b) in accordance with the arrangements entered into between the conformity assessment body and the Accreditation Board under clause 11 of the Accreditation Board Terms and Conditions,

shall be continued in accordance with those arrangements notwithstanding the coming into operation of this section.]

56I.—Section 41 shall apply to members of the Accreditation Board as it applies to members of the Authority subject to the following modifications—

(a) substituting "Accreditation Board" for "Authority" in each place where it occurs,

(b) in subsection (4) by substituting "the deputy chairperson, if present shall determine the question or, if he or she is not present, then the other members of" for "then the other members of", and

(c) in subsection (5) by substituting "the Authority" for "the Minister" in each place where it occurs.]

57.—(1) The Authority shall—

(a) keep under review—

(i) the relevant statutory provisions, and

(ii) the associated statutory provisions,

(b) submit, from time to time, to the Minister any proposals that it considers appropriate relating to the relevant statutory provisions or for making or revoking any instruments under those provisions,

(c) submit, from time to time, to the Minister and to the Minister having responsibility for any of the associated statutory provisions any proposals that it considers appropriate relating to those provisions or for making or revoking any instruments under those provisions,

(d) undertake such reviews of relevant statutory provisions as the Minister may direct, and

(e) assist in the preparation of draft legislation as the Minister may direct.

(2) Before submitting proposals to the Minister, the Authority shall consult any other person or body that appears to the Authority to be appropriate having regard to the proposals to be submitted or as directed by the Minister.

58.—(1) Subject to subsections (2) and (3), the Minister may—

(a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) make regulations generally for the purposes of giving full effect to this Act, and

(c) without prejudice to the generality of paragraph (b), make regulations for or in respect of any of the matters set out in Schedule 7.

(2) F27[…]

(3) The Minister shall consult with the Authority before making regulations giving effect with modifications to any proposal made by the Authority under section 57.

(4) Regulations under this Act may—

(a) contain any incidental, supplementary and consequential provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations,

(b) apply either generally or to a specified class or classes of persons, places of work or work activities, article or substance or to any other matter that the Minister may consider to be appropriate,

(c) include different provisions in relation to different classes of persons, place of work or work activity, article or substance, and

(d) subject to subsection (5) and to any conditions that may be prescribed, exempt from all or any of the provisions of the relevant statutory provisions any specified class of work activity, employment, article or substance or any specified class of person or place of work, where, having regard to the class of work activity, employment, article, substance, person or place of work, the Minister is satisfied that the application of those provisions is unnecessary or impracticable and that adequate protective measures are in place.

(5) Regulations made under this Act may apply to all work activities or to particular work activities, and they may also relate to—

(a) one or more chemical, physical or biological agents,

(b) the classification, packaging, labelling, marketing or use of any article or substance,

(c) the control of major accident hazards,

(d) the storage or transport of dangerous substances, or

(e) factories, the extractive industries, office premises or to boilers.

(6) Without prejudice to the generality of subsections (1) and (4), regulations under this Act may apply to—

(a) employers or other persons who control places of work or specified places of work,

(b) employees or a particular class of employees,

(c) all work activities or particular work activities,

(d) designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof),

(e) a specified article or substance or an article or substance of a particular class.

(7) Regulations made under this Act may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code of practice issued by the Authority in accordance with section 60.

(8) The provisions of this section shall be deemed to have been in operation on the commencement of section 28 of the Act of 1989 and to have been incorporated in that section from that date and every regulation made in exercise of the powers under that section and not revoked before the commencement of this section shall be deemed to have been made in the exercise of the powers under the provisions of that section, including the provisions of this section deemed to have been incorporated in that section by this subsection.

(9) Every regulation or order (other than an order made under section 1(2)) under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation or order.

(10) The power to make regulations under this section includes power to make provision by regulations to give effect to either—

(a) any provision of the treaties of the European Communities, or

(b) any act adopted by an institution of the European Communities, which regulates any of the matters set out in Schedule 7.

59.—References to the Minister (other than in respect of making rules, regulations, bye-laws, orders, exemptions or exceptions) contained immediately before the commencement of this Act in any existing enactment shall, insofar as they relate to functions exercisable by the Authority under this Act, be construed as references to the Authority.

60.—(1) For the purpose of providing practical guidance to employers, employees and any other persons to whom this Act applies with respect to safety, health and welfare at work, or the requirements or prohibitions of any of the relevant statutory provisions, the Authority—

(a) may, and shall if so requested by the Minister, prepare and publish codes of practice, and

(b) may approve of a code of practice or any part of a code of practice made or published by any other body.

(2) Before publishing or approving of a code of practice or any part of a code of practice under this section, the Authority—

(a) shall obtain the consent of the Minister,

(b) may publish in such manner as the Authority considers appropriate a draft of the code of practice or sections of a draft code of practice and shall give persons one month from the date of publication of the draft code or sections within which to make written representations to the Authority in relation to the draft code or sections of the draft code, or such further period, not exceeding 28 days, as the Authority in its absolute discretion thinks fit, and

(c) following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.

(3) Where the Authority publishes or approves of a code of practice or approves of any part of a code of practice, it shall publish a notice of such publication or approval in Iris Oifigiúil and that notice shall—

(a) identify the code,

(b) specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the code is published or approved of, and

(c) specify the date on which the code shall come into operation.

(4) The Authority may with the consent of the Minister and following consultation with any other person or body that the Authority considers appropriate or as the Minister directs—

(a) amend or revoke any code of practice or part of any code of practice prepared and published by it under this section, or

(b) withdraw its approval of any code of practice or part of any code of practice approved by it under this section.

(5) Where the Authority amends or revokes, or withdraws its approval of a code of practice or any part of a code of practice published or approved under this section, it shall publish notice of the amendment, revocation or withdrawal, as the case may be, in Iris Oifigiúil.

(6) The Authority shall make available for public inspection without charge at its principal office during normal working hours—

(a) a copy of each code of practice published or approved by it, and

(b) where a code of practice has been amended, a copy of the code as so amended.

(7) Notwithstanding the repeal of the Act of 1989 by section 4, a code of practice in operation immediately before the commencement of that section continues to be a code of practice as if prepared and published under this section.

61.—(1) Where in proceedings for an offence under this Act relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority under section 60 at the time of the alleged contravention, subsection (2) shall have effect with respect to that code of practice in relation to those proceedings.

(2) (a) Where a code of practice referred to in subsection (1) appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice shall be admissible in evidence.

(b) Where it is proved that any act or omission of the defendant alleged to constitute the contravention—

(i) is a failure to observe a code of practice referred to in subsection (1), or

(ii) is a compliance with that code of practice,

then such failure or compliance is admissible in evidence.

(3) A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible as evidence in any proceedings under this Act.

62.—(1) The Authority or a person prescribed under section 33 may authorise such and so many persons as the Authority or person considers appropriate to be inspectors for the purposes of the enforcement of all or any of the relevant statutory provisions within the relevant area of responsibility in accordance with section 33 or 34, as the case may be.

(2) (a) An inspector shall be furnished with a certificate of authorisation as an inspector.

(b) When exercising a power conferred on him or her by this section, an inspector shall, if requested by a person affected, produce the certificate of authorisation or a copy of it to that person and a form of personal identification.

(3) An authorisation under this section shall cease when the Authority or a person prescribed under section 33, as the case may be, revokes the authorisation.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, an inspector authorised immediately before the commencement of that section under section 33 of the Act of 1989 continues to be an inspector as if authorised under this section.

63.—(1) The Authority or a person prescribed under section 33 may designate in writing any person, including an inspector, who is a registered medical practitioner to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority or a person prescribed under section 33 by a registered medical practitioner, and any person so designated may—

(a) invite any person who, in his or her opinion, either has been or may be exposed in the course of his or her work to any risk of personal injury or other danger to his or her health, and

(b) for the purpose of comparing with that of other persons the state of health of persons employed in different places of work or specified places of work or in different places in the same place of work, invite any person,

to provide biological samples or to be examined medically, or both, at such place as the person so designated shall designate, either by him or her or on his or her behalf or by or on behalf of such other registered medical practitioner as he or she shall specify.

(2) References in the relevant statutory provisions to “occupational medical adviser” shall be read as references to persons designated under this section.

64.—(1) An inspector shall, for the purposes of the relevant statutory provisions have power to do any one or more of the following:

(a) subject to subsection (5), at any time enter any place—

(i) which he or she has reasonable grounds for believing is used as a place of work,

(ii) in which he or she has reasonable grounds for believing that articles or substances or records are kept, or

(iii) to which the relevant statutory provisions apply,

and inquire into, search, examine and inspect that place and any work activity, installation, process or procedure at that place which is subject to the relevant statutory provisions and any such articles, substances or records to ascertain whether the relevant statutory provisions have been or are being complied with and for those purposes take with him or her and use any equipment or materials required for those purposes;

(b) direct that that place or any part of that place and anything in that place be left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry under the relevant statutory provisions;

(c) direct that a safety statement be amended in accordance with section 20(5)(c);

(d) require the employer, any employee, the owner or person in charge of the place to produce to the inspector any records and in the case of such information in a non-legible form to reproduce it in a legible form and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records;

(e) inspect and take copies of or extracts from any such records or any electronic information system at the place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided;

(f) require a person by whom or on whose behalf a computer is or has been used to produce or store records or any person having charge of, or otherwise concerned with the operation of the computer, to afford the inspector all reasonable assistance in relation thereto;

(g) remove and retain the records (including documents stored in a non-legible form) and copies taken and detain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings;

(h) require that records be maintained for such period of time as may be reasonable;

(i) require the employer, any employee, the owner or person in charge of the place to give to the inspector any information that the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under the relevant statutory provisions;

(j) require the employer, owner, any person in charge of the place or any employee to give to the inspector such assistance and facilities within the person's control or responsibilities as are reasonably necessary to enable the inspector to exercise any of his or her powers under the relevant statutory provisions;

(k) summon, at a time and place specified by written notice to the person concerned, the employer, any employee, the owner or person in charge of the place to give to the inspector any information which the inspector may reasonably require in relation to the place, any article or substance, work activity, installation or procedure at the place, and to produce to the inspector any records that are in that person's power or control;

(l) subject to subsection (9), examine any person whom the inspector reasonably believes to be able to give information relevant to any search, examination, investigation, inspection or inquiry under the relevant statutory provisions and require the person to answer such questions as the inspector may put relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers;

(m) require that any article be operated or set in motion or that a procedure be carried out that may be relevant to any search, examination, investigation, inspection, or inquiry under the relevant statutory provisions;

(n) take any measurements or photographs or make any tape, electrical or other recordings which the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under the relevant statutory provisions;

(o) where appropriate, install, use and maintain in, at or on the place monitoring instruments, systems and seals for the purposes of the relevant statutory provisions;

(p) there, or at any other place, carry out, or have carried out, such testing, examination or analysis of any article or substance found at the place, as he or she reasonably considers to be necessary, and for that purpose require the employer or owner or person in charge of the place to supply to the inspector without charge any article or substance or samples thereof, or remove any article, substance or samples thereof, for such testing, examination or analysis;

(q) cause any article or substance found at the place which appears to the inspector to be or to have been a risk to safety or health, to be dismantled or subjected to any process or test in accordance with paragraph (p) (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of the relevant statutory provisions) and where an inspector proposes to exercise the power conferred by this paragraph in the case of an article or substance found at any place, he or she shall, if so requested by the employer, owner or person in charge of the place, cause anything which is to be done by virtue of that power to be done in the presence of that person;

(r) take samples of the atmosphere in any place of work;

(s) in relation to any article or substance found at the place in accordance with paragraph (q), to remove and retain it for such period as is necessary for all or any of the following purposes, namely:

(i) to examine or arrange for the examination of it and do to it anything which he or she has power to do under paragraph (q);

(ii) to ensure that it is not tampered with before the examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings;

(t) exercise such other powers as may be necessary for carrying out his or her functions.

(2) Where an article or substance is used at work, and a request is made in that behalf by an inspector in the course of a search, examination, investigation, inspection or inquiry, the employer shall give to the inspector the name and address of the supplier from whom the article or substance was purchased or otherwise obtained.

(3) Before exercising the power conferred by subsections (1)(p) and (q) in the case of any article or substance, an inspector shall, in so far as it is practicable to do so, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he or she proposes to do under that power.

(4) Where under the power conferred by subsection (1)(s) an inspector takes possession of any article or substance found at or in any place of work, he or she shall if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the place of work a portion of the sample marked in a manner sufficient to identify it.

(5) An inspector shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from a District Court issued under subsection (7) authorising such entry.

(6) Where an inspector in the exercise of his or her powers under this section is prevented from entering any place, an application may be made to the District Court for a warrant under subsection (7) authorising such entry.

(7) Without prejudice to the powers conferred on an inspector by or under any other provision of this section, if a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for believing that—

(a) there are any articles or substances being used in a place of work or any records (including documents stored in a non-legible form) or information, relating to a place of work, that the inspector requires to inspect for the purposes of the relevant statutory provisions, held in, at or on any place or any part of any place, or

(b) there is, or such an inspection is likely to disclose, evidence of a contravention of the relevant statutory provisions,

the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place, if need be by reasonable force, and perform the functions conferred on an inspector by or under the relevant statutory provisions.

(8) An inspector, where he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty or otherwise considers it necessary, may be accompanied by a member of the Garda Síochána or any other person authorised by the Authority, when performing any functions conferred on an inspector by or under the relevant statutory provisions.

(9) No person is required on examination or inquiry under this section to give any answer or information tending to incriminate that person.

(10) Where an inspector upon reasonable grounds believes that a person has committed an offence under the relevant statutory provisions he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

65.—(1) Where an inspector is of the opinion that there is occurring or likely to occur any activity which involves or is likely to involve a risk to the safety, health or welfare of persons, he or she may give a written direction to the employer concerned requiring submission to him or her of an F28[an improvement plan (in this section and in section 66 referred to as a ‘plan’)].

(2) A direction given under subsection (1) shall—

(a) identify the activity which is or is likely to be a risk,

(b) require the submission to the inspector, within a period of one month, of F29[a plan] specifying the remedial action proposed to be taken,

(c) F30[…]

(d) include any other requirements that the inspector considers necessary.

(3) Where there is a safety representative in a place of work in respect of which a direction is given under subsection (1), the inspector shall give a copy of the direction to the safety representative.

(4) Within one month of receipt of F31[a plan] submitted under subsection (2), an inspector, by written notice to the person who submitted the plan—

(a) shall confirm whether or not he or she is satisfied that the plan is adequate, or

(b) may direct that the plan be revised as specified in the notice and resubmitted to the inspector within a period specified in the notice.

F32[(5) Within one month of receipt of a plan submitted pursuant to a notice under subsection (4), an inspector shall confirm by written notice to the person who submitted the plan, whether or not he or she is satisfied that the plan is adequate. ]

F33[(6) A notice under subsection (4) or (5) shall, where the inspector is satisfied with the plan, require the employer concerned to implement the plan. ]

F34[(7) A person to whom a direction under subsection (1) or a notice under subsection (4) or (5) applies shall comply with the notice or direction. ]

F35[(8) A direction or notice under this section shall be signed and dated by the inspector. ]

66.—(1) An inspector who is of the opinion that a person—

(a) is contravening or has contravened any of the relevant statutory provisions, or

F36[(b) has failed to comply with a direction under section 65(1), or a notice under section 65(4)(b), or]

F37[(c) has submitted a plan in relation to which an inspector has confirmed by notice under section 65(5) that he or she is not satisfied that the plan is adequate, or ]

F38[(d) has failed to implement a plan,]

may serve a written notice (in this Act referred to as an “improvement notice”) on the person who has or may reasonably be presumed to have control over the work activity concerned.

(2) An improvement notice shall—

(a) state that the inspector is of the opinion referred to in subsection (1),

(b) state the reasons for that opinion,

(c) identify the relevant statutory provision in respect of which that opinion is held,

(d) F39[…]

(e) direct the person to remedy the contravention or the matters occasioning that notice by a date specified in the notice, that shall not be earlier than the end of the period within which an appeal may be made under subsection (7),

(f) include information regarding the making of an appeal under subsection (7),

(g) include any other requirement that the inspector considers appropriate, and

(h) be signed and dated by the inspector.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.

(4) Where there is a safety representative in a place of work in respect of which an improvement notice is served under subsection (1), the inspector shall give a copy of the improvement notice to the safety representative and inform the safety representative in writing where an improvement notice is withdrawn under subsection (11).

(5) A person on whom an improvement notice has been served who is of the opinion that the improvement notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the safety representative, if any.

(6) Where a person on whom an improvement notice has been served confirms in writing to the inspector in accordance with subsection (5) that the matters referred to in the improvement notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the improvement notice.

(7) A person aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served in the prescribed manner and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(8) A person who appeals under subsection (7) shall at the same time notify the Authority or the person prescribed under section 33, as the case may be, of the appeal and the grounds for the appeal and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(9) Where an appeal under subsection (7) is taken, and the notice is not cancelled, the notice shall take effect on the later of—

(a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

(b) the day specified in the notice.

(10) Where there is no appeal under subsection (7), the notice shall take effect on the later of—

(a) the end of the period for making an appeal, or

(b) the day specified in the notice.

(11) An inspector may—

(a) withdraw an improvement notice at any time, or

(b) where no appeal is made or pending under subsection (7), extend the period specified under subsection (2)(e).

67.—(1) Where an inspector is of the opinion that at any place of work there is occurring or is likely to occur any activity (whether by reference to any article or substance or otherwise) which involves or is likely to involve a risk of serious personal injury to any person, the inspector may serve a written notice (in this Act referred to as a “prohibition notice”) on the person who has or who may reasonably be presumed to have control over the activity concerned.

(2) A prohibition notice shall—

(a) state that the inspector is of the opinion referred to in subsection (1),

(b) state the reasons for that opinion,

(c) specify the activity in respect of which that opinion is held,

(d) where in his or her opinion the activity involves a contravention, or likely contravention, of any of the relevant statutory provisions, specify the relevant statutory provision,

(e) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and

(f) be signed and dated by the inspector.

(3) A prohibition notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.

(4) Where there is a safety representative in a place of work in respect of which a prohibition notice is served under subsection (1), the inspector shall give a copy of the prohibition notice to the safety representative and inform the safety representative in writing where a prohibition notice is withdrawn under subsection (12).

(5) A prohibition notice shall take effect—

(a) immediately the notice is received by the person on whom it is served, or

(b) where an appeal is taken, on the later of the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice.

(6) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (5) shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

(7) A person aggrieved by a prohibition notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(8) Where, on the hearing of an appeal under this section, a prohibition notice is confirmed, notwithstanding subsection (5), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

(9) A person who—

(a) appeals under subsection (7), or

(b) applies for a direction suspending the application of a prohibition notice under subsection (8),

shall at the same time notify the Authority or a person prescribed under section 33, as the case may be, of the appeal or the application and the grounds for the appeal or the application and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(10) A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the notice have been remedied by the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied and shall give a copy of the confirmation to the safety representative, if any.

(11) Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with subsection (10) that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the prohibition notice.

(12) An inspector may at any time withdraw a prohibition notice by written notice to the person on whom it was served where—

(a) the inspector is satisfied that the activity to which the notice relates no longer involves a risk of serious personal injury to any person, or

(b) the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.

(13) The withdrawal of a notice under subsection (12) has effect when the notice of withdrawal is given to the person on whom the prohibition notice was served.

(14) The withdrawal of a notice under this section does not prevent the service of any other prohibition notice.

68.—(1) Where a prohibition notice has been served under section 67 and activities are carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

(2) An application to the High Court for an order under subsection (1) may be ex parte and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate, and the order by which an application under this subsection is determined may contain such terms and conditions (if any) regarding the payment of costs that the Court considers appropriate.

69.—Where an improvement notice or a prohibition notice is served, the person to whom it is addressed shall on receipt of the notice—

(a) bring the notice to the attention of any person whose work is affected by the notice, and

(b) display the notice or a copy of the notice in a prominent place at or near any place of work, article or substance affected by the notice.

70.—(1) Without prejudice to this Chapter and subject to subsection (6), the Authority may at any time direct any of its staff or any other competent person as it considers appropriate to—

(a) investigate the causes and circumstances surrounding any accident, incident, personal injury, occurrence or situation or any other matter related to the general purposes of this Act, and

(b) make a report (in this Act referred to as a “special report”) of the investigation to the Authority.

(2) A person, who is not an inspector, carrying out an investigation under this section shall, for the purposes of the investigation, have all the powers of an inspector under this Act.

(3) In the case of a person directed to carry out an investigation and make a special report under subsection (1) (other than a member of the staff of the Authority), the Authority may pay to the person such fees and expenses as the Minister may determine with the approval of the Minister for Finance.

(4) The Authority may, to the extent that the Minister may determine, discharge the costs, other than those incurred under subsection (3), if any, incurred in the preparation of a special report.

(5) A copy of a special report made under subsection (1) shall be presented to the Minister as soon as practicable and the Authority may cause the report to be made public in such manner as it considers appropriate.

(6) The Authority in discharging its functions under subsection (1) shall not, save with the consent of the Minister given with the concurrence of any other Minister of the Government that he or she considers appropriate, investigate, examine or inquire into any of the following—

(a) an accident within the meaning of the Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations 1997 (S.I. No. 205 of 1997),

(b) a rail accident, or

(c) a marine casualty (within the meaning of the Merchant Shipping (Investigation of Marine Casualties) Act 2000).

71.—(1) Where the Authority or a person prescribed under section 33, as the case may be, considers that the risk to the safety, health or welfare of persons is so serious that the use of a place of work or part of a place of work should be restricted or immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or the person prescribed under section 33 may apply, ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part of a place of work accordingly.

(2) The Court may make any interim or interlocutory order that it considers appropriate.

(3) Any order made by the Court under this section shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the place of work or part of the place of work to which the application under this section relates.

(4) On an application by any person for the revocation or variation of an order under subsection (1), the Authority or a person prescribed under section 33, as appropriate, shall be entitled to be heard.

72.—(1) The Authority or a person prescribed under section 33 may, by written notice (referred to in this Act as an “information notice”) served on a person, require the person to give to the Authority, within such period and in such form as may be specified in the notice, any information specified in the notice that the Authority or the person prescribed under section 33 may reasonably require in performing its functions.

(2) The period specified in the information notice under subsection (1) may be extended at the discretion of the Authority on the written application of the person on whom the notice is served.

(3) A person on whom an information notice is served under this section may, within 7 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(4) Where, on the hearing of an appeal under subsection (3), a notice is confirmed or varied, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

(5) A person on whom an information notice is served shall comply with the notice before the later of—

(a) where no appeal is made against the notice under subsection (3)—

(i) the end of the period for bringing an appeal under that subsection,

(ii) the end of the period specified in the notice for the purpose of giving the specified information, or

(iii) where the period referred to in subparagraph (ii) is extended under subsection (2), the end of that extended period,

(b) where an appeal is made and the information notice is confirmed or varied or the appeal is withdrawn—

(i) the day following the day on which the notice is confirmed or varied or the appeal is withdrawn,

(ii) the end of the period specified in the notice, or

(iii) where the operation of the notice has been suspended in accordance with subsection (3), on the expiration of the period that the judge of the District Court considered appropriate for the purpose of that subsection.

73.—(1) Save as otherwise provided by law and subject to subsection (2), a person shall not, unless duly authorised by the Authority, disclose confidential information obtained by the person while performing or as a result of performing any functions as—

(a) a member of the Authority,

(b) a member of the staff (including the Chief Executive) of the Authority,

(c) a member of an advisory committee, F40[…]

(d) a consultant or adviser to the Authority or an employee of such F41[person,]

F42[(e) a member of the Accreditation Board, or

(f) a member of the Appeals Board.]

(2) Subsection (1) does not prohibit the disclosure of information by means of a report made—

(a) to the Authority,

(b) to the Minister, by or on behalf of the Authority, or

(c) to a coroner holding an inquest under the Coroners Act 1962 on the body of a person whose death may have been caused through personal injury.

(3) The Freedom of Information Act 1997 is amended in the Third Schedule thereto—

(a) by the deletion—

(i) in column (1), of “No. 7 of 1989”,

(ii) in column (2), of “Safety, Health and Welfare at Work Act 1989.”, and

(iii) in column (3), of “Section 45.”,

and

(b) by the addition to Part 1 at the end thereof—

(i) in column (2), of “Safety, Health and Welfare at Work Act 2005.”, and

(ii) in column (3), of “Section 73.”.

74.—The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003), by inserting the following after paragraph (db):

“(dc) a record held or created under the relevant statutory provisions by the Health and Safety Authority or an employee of the Authority, relating to or arising from its enforcement functions (other than a record concerning any other functions of the Authority or the general administration of the Authority),”.

75.—(1) The Revenue Commissioners may, where they consider it appropriate for the purpose of facilitating the exercise or performance by the Authority or a person prescribed under section 33 of any of their powers or duties under the relevant statutory provisions, authorise the disclosure to the Authority or to a person prescribed under section 33 or to an inspector of the Authority or of a person prescribed under section 33 of any information obtained by the Revenue Commissioners in relation to articles or substances imported into the State.

(2) The Minister for Health and Children and the Minister for Social and Family Affairs may give to the Authority or a person prescribed under section 33 such information in relation to personal injury to persons at work as may be necessary for promoting the safety, health and welfare of persons at work.

(3) A member of the Garda Síochána may give to the Authority or a person prescribed under section 33 such information in relation to personal injury to a person at work as may be necessary for enforcement of the relevant statutory provisions.

(4) The Minister, following consultation with any other Minister of the Government that he or she considers appropriate, may prescribe persons requiring them to give to the Authority or a person prescribed under section 33 such information in relation to personal injury to persons at work as may be necessary for promoting the safety, health and welfare of persons at work.

76.—(1) An inspector shall, where he or she considers it necessary to do so for the purpose of providing adequate information to employees and their safety representatives (if any) at any place of work in relation to their safety, health and welfare at work, give to those employees and their safety representatives (if any) the following information—

(a) subject to subsection (3), factual information obtained by the inspector under the relevant statutory provisions relating to the place of work concerned or any article or substance or any activity being carried on in the place of work, and

(b) information with respect to any action which the inspector has taken or proposes to take in or in connection with that place of work in performing his or her functions.

(2) Where an inspector gives any information to employees or their safety representatives under subsection (1) he or she shall give the same information to the employer concerned.

(3) (a) An inspector shall not disclose any information relating to any manufacturing, trade or commercial secrets or work processes that was obtained by the inspector in the performance of his or her functions under this Act.

(b) Paragraph (a) does not prevent the disclosure of information where that disclosure is—

(i) for the purpose of his or her functions under this Act,

(ii) made with the relevant consent, or

(iii) for the purposes of any legal proceedings or of any investigation or special report under section 70.