C1

Prospective affecting provision: application of Act restricted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), ss. 34, 60, not commenced as of date of revision.

Restriction of Act of 2014 in respect of notification made under this Part

34. (1) The Act of 2014 shall not apply to a record of, or relating to, a notification made under sections 27, 28 and 29, additional Part 4 information provided under section 31, further Part 4 information provided under section 31 or any other provision of this Part which is held—

(a) pursuant to section 27, by the Authority,

(b) pursuant to section 28, by the chief inspector,

(c) pursuant to section 29, by the Commission, or

(d) pursuant to section 30, by the State Claims Agency (within the meaning of section 8(6) of the Act of 2000).

(2) Where information obtained from a notification referred to in subsection (1) (including additional Part 4 information and further Part 4 information) is shared under section 32, the Act of 2014 shall not apply to a record of, or relating to, that notification (or that additional and further information) which is held by the relevant body referred to in section 32 with which it was shared.

...

Restriction of Act of 2014

60. (1) A record referred to in subsection (2) shall not be disclosed under the Act of 2014.

(2) A record—

(a) of—

(i) a clinical audit to which this Part applies, or

(ii) a component of, or information provided in respect of, a clinical audit to which this Part applies, and

(b) which is held by a health services provider or health practitioner.

(3) In this section, “record” has the meaning assigned to it by the Act of 2014.

C2

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

PART 2

Enactments for Purposes of Sections 10 and 26

C3

Application of Act restricted by Central Bank (Supervisions and Enforcement) Act 2013 (26/2013), s. 34A(6)(b) as inserted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 82, S.I. No. 176 of 2023.

Voluntary disclosure of privileged legal material

[34A. ...

(6) The following do not apply to disclosed material: ...

(b) the Freedom of Information Act 2014.

...]

C4

Application of Act restricted (27.03.2024) by Judicial Appointments Commission Act 2023 (33/2023), s. 34, S.I. No. 114 of 2024.

Restriction of Freedom of Information Act 2014

34. (1) Without prejudice to any other exemption contained in the Freedom of Information Act 2014 , that Act shall not apply to a record (within the meaning of that Act) relating to—

(a) the process of selecting and recommending persons for appointment or for nomination for appointment or election to judicial office under Part 4, or

(b) a consultation under section 56 (1) or 57 (5), other than in so far as the record relates to the general administration of the Commission.

(2) Subsection (1) applies to a record held by the Commission, the Minister, the Minister for Foreign Affairs or the Government.

C5

Application of Act restricted by Communications Regulation Act 2002 (20/2002), s. 62 as inserted (9.06.2023) by Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), s. 133, S.I. No. 299 of 2023.

[Freedom of Information Act not to apply to certain confidential information

62. The Freedom of Information Act 2014 shall not apply to information classified as confidential which the Commission receives from the European Commission or from the national regulatory authority or competent authority of another Member State in accordance with Article 20 of Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018⁸.]

C6

Application of Act restricted (9.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 98(14), in effect as per reg. 1(2) as amended by S.I. No. 300 of 2023, reg. 2(a).

Information request to undertakings

98. ...

(14) Where the Regulator or another competent authority receives information classified as confidential from the European Commission or from a national regulatory authority or competent authority of another Member State under Article 20 of the Directive and the Regulator or the other competent authority is satisfied that such information is so classified in accordance with rules of commercial confidentiality of the European Union or of the Member State from which the information originated, as the case may be, they shall protect the confidentiality of such information. The Freedom of Information Act 2014 shall not apply to such information.

...

C7

Application of Act restricted (16.12.2019) by Judicial Council Act 2019 (33/2019), s. 94, S.I. No. 640 of 2019.

Restriction of Freedom of Information Act 2014

94. (1) Without prejudice to the exemption for records held by the courts, the Freedom of Information Act 2014 shall not apply to a record relating to the making or investigation, or the resolution by informal means, of a complaint under Part 5 or an investigation pursuant to a referral under section 59 unless—

(a) the record was created before the making of the complaint or the initiation of the investigation under section 59, as the case may be, or

(b) the record relates to the expenses of the Judicial Conduct Committee or a member thereof or a panel of inquiry or a member thereof or other matters concerning the general administration of that Committee or a panel of inquiry.

...