Disability Act 2005

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1999” means the National Disability Authority Act 1999;

“Defence Forces” has the meaning assigned to it by the Defence Act 1954;

“disability”, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment;

“Executive” means the Health Service Executive;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“head” in relation to a public body means, the person who holds, or performs the functions of the office of the chief executive officer (by whatever name called) of the body;

“local authority” has the meaning assigned to it by the Local Government Act 2001;

“Minister” means the Minister for Justice, Equality and Law Reform;

“passenger transport service” does not include an air service within the meaning of the Air Navigation and Transport Act 1965 or a service provided by a person who only operates a train service or railway infrastructure of historic or touristic interest;

“public body” means—

( a) a Department of State,

( b) the Office of the President,

( c) the Office of the Attorney General,

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

( e) the F1 [ Houses of the Oireachtas Service ],

( f) a local authority,

( g) the Executive,

( h) a person, body or organisation (other than the Defence Forces) established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2003), or

(ii) under the Companies Acts 1963 to 2003, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or shares held by or on behalf of a Minister of the Government;

“service” means a service or facility of any kind provided by a public body which is available to or accessible by the public generally or a section of the public and, without prejudice to the generality of the foregoing, includes—

( a) the use of any place or amenity owned, managed or controlled by a public body,

( b) the provision of information or an information resource or a scheme or an allowance or other benefit administered by a public body,

( c) any cultural or heritage services provided by such a body, and

( d) any service provided by a court or other tribunal.

(2) In this Act—

( a) a reference to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to this Act, unless it is indicated that a reference to some other provision is intended,

( b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,

( c) a reference to any enactment or instrument made under statute is a reference to that enactment or instrument as amended, adapted or extended at any time by any enactment or instrument made under statute.

Annotations

Amendments:

F1

Substituted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 14 and sch. part 1 item 8, commenced as per s. 15(3).

Modifications (not altering text):

C2

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

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

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

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are transferred to the Minister for Children and Youth Affairs.

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(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

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Disability Act 2005 (No. 14 of 2005)

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