Social Welfare Consolidation Act 2005

SCHEDULE 5

SPECIFIED BODIES

[2005 (SW&P) s26 & Sch 5]

1. Each of the following shall be a specified body for the purposes of this Schedule and sections 262 to 270:

(1) a Minister of the Government,

the Commission for Public Service Appointments,

the Public Appointments Service,

the Revenue Commissioners;

(2) a local authority (for the purposes of the Local Government Act 2001);

F1962[(2A) an education and training board,]

(3) the Health Service Executive;

(4) a body established by the Minister for Education and Science under section 54 of the Education Act 1998,

F1963[a payment service provider (within the meaning of section 122(1) of the Finance (Local Property Tax) Act 2012) in relation to the purpose specified in that section of that Act,]

F1964[payment service provider,]

An Foras Áiseanna Saothair,

An Garda Síochána and the Defence Forces in respect of their own members,

F1965[]

An tArd-Chláraitheoir,

an tÚdáras un Ard-Oideachas,

F1966[the Central Bank of Ireland, when carrying out its functions in relation to the Central Credit Register,]

F1967[An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir,]

Coillte Teoranta,

Enterprise Ireland,

F1968[Health and Social Care Professionals Council,]

F1969[]

National Educational Welfare Board,

F1970[Quality and Qualifications Ireland,]

F1971[Registrar of Beneficial Ownership of Investment Limited Partnerships,

Registrar of Beneficial Ownership of Irish Collective Asset-management Vehicles, Credit Unions and Unit Trusts,

Registrar of Beneficial Ownership of Common Contractual Funds,]

F1972[Registrar of Beneficial Ownership of Companies and Industrial and Provident Societies,]

F1973[Taighde Éireann,]

the Central Applications Office,

the Central Statistics Office,

F1974[the Commission for Taxi Regulation,]

the Companies Registration Office,

the General Medical Services (Payments) Board,

F1975[the Insolvency Service of Ireland,]

the Legal Aid Board,

the Mental Health Commission,

the National Breast Screening Board,

the National Cancer Registry Board,

F1976[the National Council for Special Education,]

F1977[the National Shared Services Office,]

F1978[the National Treasury Management Agency,]

F1979[the National University of Ireland]

the Pensions Board,

F1980[the Pensions Ombudsman,]

the Personal Injuries Assessment Board,

F1981[the Private Residential Tenancies Board,]

F1982[the Pyrite Resolution Board,]

F1983[the Private Security Authority,]

F1984[the Probate Office,

the Property Services Regulatory Authority,]

F1985[the Road Safety Authority,]

F1986[Sustainable Energy Ireland The Sustainable Energy Authority of Ireland,]

F1987[the Teaching Council;]

F1988[the Workplace Relations Commission]

(5) the following Voluntary Hospitals:

Beaumont Hospital, Dublin,

Cappagh National Orthopaedic Hospital, Dublin,

Coombe Women’s Hospital, Dublin,

Dublin Dental Hospital,

Hume Street Hospital, Dublin,

Incorporated Orthopaedic Hospital of Ireland, Clontarf, Dublin,

Leopardstown Park Hospital,

Mater Misericordiae University Hospital, Dublin,

Mercy Hospital, Cork,

National Maternity Hospital, Dublin,

National Rehabilitation Hospital, Dun Laoghaire,

Our Lady’s Hospice, Dublin,

Our Lady’s Hospital for Sick Children, Crumlin, Dublin,

Portiuncula Hospital, Ballinasloe, Co. Galway,

Rotunda Hospital, Dublin,

Royal Victoria Eye and Ear Hospital, Dublin,

South Infirmary/Victoria Hospital, Cork,

St. James’s Hospital, Dublin,

St. John’s Hospital, Limerick,

St. Luke’s Hospital, Dublin,

St. Mary’s Hospital and Residential School, Baldoyle, Dublin,

St. Michael’s Hospital, Dun Laoghaire,

St. Vincent’s University Hospital, Elm Park, Dublin,

St. Vincent’s Hospital, Fairview, Dublin,

The Adelaide and Meath Hospital, Dublin incorporating the National Children’s Hospital,

The Children’s Hospital, Temple Street, Dublin,

The Royal Hospital, Donnybrook,

University Dental School and Hospital, Cork.

2. Each of the following shall be a specified body for the purposes of this Schedule and section 266:

a person who provides, organises or procures a programme of education or training,

a recognised school or centre for education (within the meaning of section 2 of the Education Act 1998),

F1989[]

a university to which the Universities Acts 1997 and 1999 apply,

an educational institution to which the Regional Technical Colleges Acts 1992 to 2001 apply,

F1990[the Dublin Institute of Technology.]

F1991[]

F1991[]

F1991[]

3. The Minister may by regulations amend paragraph 1 or 2 by adding a specified body to, deleting a specified body from, or amending a reference to a specified body in, those paragraphs.

Annotations

Amendments:

F1962

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s.72(1) and sch. 6, item 50, S.I. No. 211 of 2013.

F1963

Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 18(a)(i), commenced on enactment.

F1964

Inserted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 3(h), commenced on enactment.

F1965

Deleted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 32(d), commenced on enactment.

F1966

Inserted (16.05.2022) by Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022 (5/2022), s. 16, S.I. No. 229 of 2022.

F1967

Inserted (31.03.2025) by Automatic Enrolment Retirement Savings System Act 2024 (20/2024), s. 110(b).

F1968

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 20(a), commenced on enactment.

F1969

Deleted (1.01.2018) by Water Services Act 2014 (44/2014), s. 11(1), S.I. No. 611 of 2017.

F1970

Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 18(a)(ii), commenced on enactment.

F1971

Inserted (1.02.2021) by Investment Limited Partnerships (Amendment) Act 2020 (31/2020), s. 64, S.I. No. 19 of 2021.

F1972

Inserted (29.07.2019) by Social Welfare Consolidation Act 2005 (Specified Bodies) Regulations 2019 (S.I. No. 344 of 2019), art. 3, in effect as per art. 2.

F1973

Inserted (1.08.2024) by Research and Innovation Act 2024 (15/2024), s. 70, S.I. No. 373 of 2024.

F1974

Inserted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 35(a), commenced on enactment.

F1975

Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 18(a)(iii), commenced on enactment.

F1976

Inserted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 35(b), commenced on enactment.

F1977

Inserted (18.04.2019) by Data Sharing and Governance Act 2019 (5/2019), s. 74, S.I. No. 189 of 2019.

F1978

Inserted (19.09.2014) by National Treasury Management Agency (Amendment) Act 2014 (23/2014), s. 56, S.I. No. 414 of 2014.

F1979

Inserted (5.12.2024) by Seanad Electoral (University Members) (Amendment) Act 2024 (40/2024), s. 29, S.I. No. 676 of 2024.

F1980

Inserted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 6(a)(ii), commenced on enactment.

F1981

Substituted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 35(c), commenced on enactment.

F1982

Inserted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 13, commenced on enactment.

F1983

Inserted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 35(c), commenced on enactment.

F1984

Substituted (3.04.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 101 and sch. 8 para. 10, S.I. No. 112.

F1985

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 20(b), commenced on enactment.

F1986

Inserted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 20(b), commenced on enactment.

F1987

Inserted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 35(c), commenced on enactment.

F1988

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 31(1), S.I. No. 410 of 2015.

F1989

Deleted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 6(b), commenced on enactment.

F1990

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 18(b)(i), commenced on enactment.

F1991

Deleted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 18(b)(ii), commenced on enactment.

Modifications (not altering text):

C167

Term “Personal Injuries Assessment Board” construed (12.12.2023) as "Personal Injuries Resolution Board" by Personal Injuries Resolution Board Act 2022 (42/2022), s. 2(2), S.I. No. 626 of 2023.

Change of name of Board

2. ...

(2) References in any enactment, statutory instrument or legal proceedings or any other document to the Personal Injuries Assessment Board shall, on and from such date as the Minister appoints under subsection (1) be read as references, in the Irish language, to An Bord um Réiteach Díobhálacha Pearsanta or, in the English language, to the Personal Injuries Resolution Board.

C168

Term “Private Residential Tenancies Board” construed (7.04.2016) as "Residential Tenancies Board" by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(3), S.I. No. 151 of 2016.

Change of name of Board

13.

(3) In any enactment or any instrument under an enactment, references to the Private Residential Tenancies Board shall be construed as references to the Residential Tenancies Board.

C169

Term “the Pensions Board” construed (7.03.2014) as "the Pensions Authority" by Pensions Act 1990 (25/1990), s. 9A(2), as inserted (7.03.2014) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 26, S.I. No. 103 of 2014.

Change of name of Pensions Board and chief executive

9A. ...

(2) References in this Act or in any other enactment to the Pensions Board shall, on and after the commencement of section 26 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, be construed as references to the Pensions Authority.

C170

Term “National Educational Welfare Board” construed (1.01.2014) as "Child and Family Agency " by Child and Family Agency Act (40/2013), s. 78, S.I. Nos. 502 and 503 of 2013.

Establishment of Child and Family Agency

7. (1) There shall stand established on the establishment day a body which shall be known as An Ghníomhaireacht um Leanaí agus an Teaghlach or in the English language as the Child and Family Agency (in this Act referred to as the “Agency”)to perform the functions conferred on it by this Act.

...

Dissolution of Family Support Agency and National Educational Welfare Board

71. On the establishment day the Family Support Agency and the National Educational Welfare Board are dissolved.

...

References to dissolved bodies in enactments made before establishment day

78. References (however expressed) to a dissolved body in any enactment or instrument under an enactment shall after the establishment day, unless the context otherwise requires, be construed as references to the Agency.

C171

Term “An Foras Áiseanna Saothair” construed (26.10.2013) as "An tSeirbhís Oideachais Leanúnaigh Agus Scileanna" (commonly known as SOLAS) by Further Education and Training Act 2013 (25/2013), s. 38(1)(c), S.I. No. 400 of 2013.

Establishment of An tSeirbhís Oideachais Leanúnaigh agus Scileanna.

6.— (1) There shall stand established on the establishment day, a body which shall be known as An tSeirbhís Oideachais Leanúnaigh Agus Scileanna (in this Act referred to as “An tSeirbhís”), to perform the functions conferred on it by this Act.

Transfer of functions to An tSeirbhís.

38.— (1) (a) …

(c) References in any enactment or instrument under an enactment to An Foras Áiseanna Saothair (howsoever described) shall be construed as references to An tSeirbhís save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.

C172

Term “the Commission for Taxi Regulation” construed (1.01.2011) as "the National Transport Authority" by Public Transport Regulation Act 2009 (37/2009), s. 36, commenced on enactment with dissolution day appointed by S.I. No. 614 of 2010, art. 2.

Definitions.

2.— In this Act—

...

“Authority” means Dublin Transport Authority, until the day appointed as the appointed day for the purposes of section 30, and from that day National Transport Authority;

...

“Commission” means Commission for Taxi Regulation;

References in legislation to Commission.

36.— References to the Commission contained, immediately before the dissolution day, in any statute or statutory instrument made under statute or in the memorandum or articles of association of any company shall, in so far as they relate to anything transferred by this Act be read on and after that day as references to the Authority.

Editorial Notes:

E2552

Previous affecting provision: para. 1(4) amended (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 20, commenced on enactment; deleted (1.01.2018) as per F-Note above.

E2553

Previous affecting provision: para. 1(2A) inserted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 6(a)(i), commenced on enactment; substituted (1.07.2013) as per F-Note above.

E2554

Previous affecting provision: para. 1(4) amended (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 20(a), commenced on enactment; substituted (3.04.2012) as per F-Note above.