Broadcasting Act 2009
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 14 July 2021
This revised Act is an administrative consolidation of the Broadcasting Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021 (21/2021), enacted 14 July 2021, and all statutory instruments up to and including the Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 402 of 2021), made 14 July 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 14 July 2021
Introduction
This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
Broadcasting (Offences) Acts 1968 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Broadcasting Act 2009 (18/2009), s. 180(2)). The Acts in this group are:
• Broadcasting (Offences) Act 1968 (35/1968)
• Broadcasting and Wireless Telegraphy Act 1988 (19/1988), other than ss. 2, 9, 10, 11, 12, 16, 17 and 19
• Broadcasting Act 1990 (24/1990), ss. 9 to 16
• Broadcasting Act 2009 (18/2009), ss. 181(8), (10) and (11)
Wireless Telegraphy Acts 1926 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Broadcasting Act 2009 (18/2009), s. 180(1)). The Acts in this group are:
• Wireless Telegraphy Act 1926 (45/1926)
• Broadcasting Authority Act 1960 (10/1960), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956
• Wireless Telegraphy Act 1972 (5/1972)
• Broadcasting and Wireless Telegraphy Act 1988 (19/1988), ss. 2, 9, 10, 11, 12, 14, 15, 16, 17 and 19
• Broadcasting Act 2009 (18/2009), ss. 181(1) to (7) and (9), 182
Acts previously included in the group but now repealed are:
• Wireless Telegraphy Act 1956 (4/1956)
• Broadcasting Authority (Amendment) Act 1964 (4/1964), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956
• Broadcasting Authority (Amendment) Act 1966 (7/1966), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956
• Broadcasting Authority (Amendment) Act 1971 (2/1971), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956
Annotations
This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found in the Legislation Directory at www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021)
• Communications Regulation (Postal Services) Act 2011 (21/2011)
• Ministers and Secretaries (Amendment) Act 2011 (10/2011)
All Acts up to and including Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021 (21/2021), enacted 14 July 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 402 of 2021)
• Broadcasting Act 2009 (Section 33) Levy (Amendment) Order 2020 (S.I. No. 521 of 2020)
• Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 372 of 2020)
• European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 14 of 2020)
• European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019 (S.I. No. 691 of 2019)
• Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017)
• Broadcasting Authority of Ireland (Superannuation) Scheme 2017 (S.I. No. 269 of 2017)
• Broadcasting Act 2009 (Section 130 (1)(a)(iv) Designation) Order 2016 (S.I. No. 328 of 2016)
• Broadcasting Act 2009 (Section 130(1)(a)(iv) Designation) Order 2014 (S.I. No. 542 of 2014)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011)
• Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011)
• Broadcasting Act 2009 (Section 26(5)) (Conferral of Additional Functions - Broadcasting Services) Order 2011 (S.I. No. 67 of 2011)
• Arts, Sport and Tourism (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 178 of 2010)
• RTÉ (National Television Multiplex) Order 2010 (S.I. No. 85 of 2010)
• Broadcasting Act 2009 (Section 33) Levy Order 2010 (S.I. No. 7 of 2010)
• Broadcasting Authority of Ireland (Establishment Day) Order 2009 (S.I. No. 389 of 2009)
• Television Licence (Exemption of Classes of Television Set) Order 2009 (S.I. No. 319 of 2009)
• Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 (S.I. No. 99 of 2003)
All statutory instruments up to and including Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 402 of 2021), made 14 July 2021, were considered in the preparation of this revision.
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 14 July 2021
ARRANGEMENT OF SECTIONS
Preliminary and General matters
Section
Broadcasting Authority of Ireland
6. Establishment of Authority, Contract Awards and Compliance Committees.
8. Appointment of Authority, Contract Awards Committee and Compliance Committee.
11. Chairperson of Authority or statutory committee.
12. Exclusions from membership of Authority or statutory committee.
13. Meetings of Authority or statutory committee.
14. Chief executive officer of Authority.
19. Accountability of chief executive to Committee of Public Accounts.
21. Disclosure by members of Authority and statutory committee of certain interests.
22. Disclosure by staff of Authority of certain interests.
27. Functions of Contract Awards Committee.
28. Functions of Compliance Committee.
32. Duties of Authority and statutory committees.
36. Deposits and charges for services.
Broadcasters — Duties, Codes and Rules
44. Inspection of draft broadcasting codes and rules.
45. Presentation of broadcasting codes and rules to Minister.
46. Co-operation with other parties — standards and self-regulation.
Redress
47. Code of practice — complaints handling.
Enforcement
Compliance with terms of contract
50. Investigation into affairs of contractor.
51. Termination or suspension of contract under Part 6 or 8.
Financial Sanctions
53. Investigation into affairs of broadcaster.
54. Report, findings, recommendations and procedures relating to outcome of investigation.
56. Matters to be considered in determining the amount of financial sanction.
Notifications
Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters
60. Variation of broadcasting licence.
62. Restriction on award of sound broadcasting contract.
63. Sound broadcasting contracts.
64. Community sound broadcasting contracts.
65. Applications for sound broadcasting contracts.
67. Fast-track application process for award of sound broadcasting contracts.
68. Sound broadcasting contracts for temporary or institutional sound broadcasting services.
69. Terms and conditions of broadcasting contract.
70. Television programme service contract.
71. Content provision contracts.
72. Community content provision contracts.
73. Assessment of community needs in respect of broadcasting.
74. Electronic programme guides.
75. Rules with respect to programme guide contracts.
76. Transmission of broadcasting services by MMD system.
77. Must-carry and must-offer obligations.
Public Service Broadcasting
Public Service Broadcasting Corporations — Common Provisions
82. Criteria for board membership.
83. Appointment of staff member.
86. Exclusions from board membership.
92. Accountability of director general and chairperson to Oireachtas Committees.
93. Disclosure by members of corporation of certain interests.
94. Disclosure by staff and contractors for services of certain interests.
100. Sectoral impact assessments by Authority.
101. Public service statement.
102. Annual statement of performance commitments.
103. Ministerial consent for new services and variations in channels.
104. Establishment of subsidiaries and joint ventures.
105. Duty of corporation with respect to its revenue.
108. Transactions between public service and commercial opportunities.
112. Code of fair trading practice.
Provisions specific to RTÉ
114. Principal objects and associated powers of RTÉ.
115. Broadcasting infrastructure.
116. Independent programme account.
Provisions specific to TG4
117. Continuance of Teilifís na Gaeilge.
118. Principal objects and associated powers of TG4.
119. Accountability of director general of TG4 to Committee of Public Accounts.
Exchange of Programme Material and Spectrum Licencing
120. Duty to supply programme material.
121. Public service broadcasting licence.
Allocation of Public Funding to RTÉ and TG4
123. Allocation of public funding.
124. Recommendations as to changes to public funding.
Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann
125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).
126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.
127. Bealach Scannán na hÉireann (Irish Film Channel).
128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.
Digital Broadcasting and Analogue Switch-Off
130. Additional functions of RTÉ.
131. Additional functions of Authority.
132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes.
134. Amendment of sound broadcasting contracts for listed simulcast services.
135. Regulations prescribing fees.
136. Applications for multiplex contracts.
137. Determination of applications for award of multiplex contracts.
138. Terms and conditions of multiplex contracts.
Television Licence
140. Definitions (Part 9) — order —“specified place”.
141. Laying regulations and orders —Part 9.
142. Restrictions on possession of television set.
143. Grant of television licences.
144. Regulations in regard to television licences.
145. Issue of television licences by agent.
146. Request to show television licence.
148. Offences for not having television licence.
149. Reminder notification and fixed payment notice.
150. Reminder notification — effective date of television licence and recovery of licence fees.
152. Miscellaneous amendments.
Broadcasting Fund
154. Broadcasting funding scheme.
156. Amounts to be paid by Minister to scheme.
159. Winding-up and dissolution of scheme.
Major Events Television Coverage
162. Designation of major events.
164. Broadcasters’ duties with respect to designated events.
165. Broadcasters’ duties with respect to Member State events.
170. Criteria for determining reasonable market rates.
171. Obligation to give copy of agreement or arrangement to broadcasting rights to Minister.
172. Service of directions and notification.
173. Review of designated events.
Transitional Provisions
174. Dissolution of BCI and saver.
175. Dissolution of BCC and saver.
176. Transitional provisions — BCI.
177. Transitional provisions — BCC.
179. Continuance of Ministerial consents given in respect of public service broadcasters.
Wireless Telegraphy
180. Collective citations — Wireless Telegraphy Acts.
181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).
182. Matters relating to wireless telegraphy.
Miscellaneous
183. Amendment to definitions in Copyright and Related Rights Act 2000.
185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).
Enactments Repealed
Sections 5 to 9 of the Wireless Telegraphy Act 1926
Acts Referred to
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1999, No. 1 |
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2007,No. 15 |
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2003,No. 43 |
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Broadcasting (Major Events Television Coverage) (Amendment) Act 2003 |
2003,No. 13 |
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1999,No. 28 |
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1968,No. 35 |
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Broadcasting (Offences) Acts 1968 and 1988 |
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1990,No. 24 |
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2001,No. 4 |
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1988,No. 19 |
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1964,No. 4 |
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1966,No. 7 |
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1971,No. 2 |
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1973,No. 1 |
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1974,No. 33 |
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1976,No. 37 |
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1979,No. 36 |
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1993,No. 15 |
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1960,No. 10 |
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2002,No. 20 |
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2007,No. 22 |
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1963,No. 33 |
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1990,No. 33 |
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1993,No. 8 |
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2000,No. 28 |
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2005,No. 14 |
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1995,No. 22 |
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1993,No. 25 |
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1997,No. 2 |
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2003,No. 28 |
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2003,No. 31 |
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2001,No. 37 |
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2005,No. 11 |
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1955,No. 29 |
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Police (Property) Act 1897 |
60 & 61 Vic. c. 30. |
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1983,No. 24 |
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1989,No. 19 |
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1988,No. 20 |
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1998,No. 1 |
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Registration of Clubs (Ireland) Act 1904 |
4 Edw. 7, c. 9 |
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1961,No. 24 |
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1926,No. 45 |
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1972,No. 5 |
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Wireless Telegraphy Acts 1926 to 1988 |
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1956,No. 4 |
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 12 November 2020
AN ACT TO REVISE THE LAW RELATING TO BROADCASTING SERVICES AND CONTENT AND FOR THAT PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSION OF IRELAND AND THE BROADCASTING COMPLAINTS COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION OF TELECOMMUNICATIONS SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.
[12th July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Name of Department and title of Minister changed from Communications, Energy and Natural Resources to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016). Functions transferred and references to Department of and Minister for Communications, Climate Action and Environment construed (23.09.2020) by Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 372 of 2020), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Department's name and Minister's title from Culture, Heritage and the Gaeltach to Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09.2020) by Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 403 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 Culture, Heritage and the Gaeltacht.
(2) References to the Department of Communications, Climate Action and Environment contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Culture, Heritage and the Gaeltacht.
3. (1) The functions vested in the Minister for Communications, Climate Action and Environment -
(a) by or under any of the Acts specified in Part 1 of the Schedule, and
(b) under the instruments specified in Part 2 of the Schedule,
are transferred to the Minister for Culture, Heritage and the Gaeltacht.
(2) References to the Minister for Communications, Climate Action and Environment contained in any Act or instrument made under an Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Culture, Heritage and the Gaeltacht.
SCHEDULE
Part 1
Article 3(1)(a)
...
Broadcasting Act 2009 (No. 18 of 2009), other than section 184
...
C2
Application of collectively cited Wireless Telegraphy Acts restricted (6.06.2016) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 46(2).
Application of the Wireless Telegraphy Act, 1926
46. (1) Notwithstanding section 3 (1) of the Wireless Telegraphy Act, 1926, a person shall not be required to hold a licence under that Act to keep or have in his or her possession any apparatus for wireless telegraphy solely for the purpose of placing that apparatus on the market, within the meaning of the Directive.
(2) Nothing in the Wireless Telegraphy Acts, 1926 to 1988, shall operate to restrict or prevent any person from working or using an apparatus for wireless telegraphy, which is lawfully in their possession, or which is otherwise in compliance with the licensing requirements of those Acts for its intended purpose where it complies with the provisions of the Directive, save where such restriction or prevention is related to the effective and appropriate use of the radio frequency spectrum, avoidance of harmful interference or matters relating to public health.
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
|
... No. 18 of 2009 ... |
... Broadcasting Act 2009 ... |
... Sections 10, 17(2), 34, 36(3), 37, 55(7), 61(4), 67(10), 69(13), 97, 104, 122(3), 123, 144(3), 149(5), 156 and 159 ... |
C4
Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11, 15, 20 and sch. 2 part 1, commenced as per s. 1(2).
Department of Public Expenditure and Reform.
7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.
(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—
(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and
(b) is, in this Act, referred to as the “Minister”.
...
Transfer of certain other functions to Minister.
9.— ...
(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.
...
Transfer of administration and business of Department of Finance.
11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.
...
Construction of references
15.— (1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.
...
Performance of certain functions transferred to Minister by section 9.
20.— (1) The Minister shall not perform a function transferred by subsection (2) of section 9 without the consent of the Minister for Finance.
...
SCHEDULE 2
Functions Transferred To Minister
...
PART 1
Functions performable with consent of Minister for Finance
STATUTES
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Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 18 of 2009 |
Broadcasting Act 2009 |
Sections 35 and 107 |
|
... |
... |
... |