Climate Action and Low Carbon Development Act 2015

15.

Duties of certain bodies

15. F33[(1) A relevant body shall, in so far as practicable, perform its functions in a manner consistent with—

(a) the most recent approved climate action plan,

(b) the most recent approved national long term climate action strategy,

(c) the most recent approved national adaptation framework and approved sectoral adaptation plans,

(d) the furtherance of the national climate objective, and

(e) the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State.]

(2) The relevant Minister may, from time to time, give a direction to a relevant body requiring it to prepare, and submit to him or her, within such period as may be specified in the direction, a report specifying—

(a) the measures that the relevant body has adopted for the purposes of compliance by that relevant body with subsection (1), and

(b) the progress made by the relevant body in the performance of its functions in the manner referred to in that subsection.

(3) The relevant Minister may, from time to time, give a direction to a relevant body requiring it to adopt such measures as are specified in the direction for the purposes of compliance by the relevant body with subsection (1).

(4) A relevant body shall comply with a direction under this section.

(5) In this section—

“Act of 2014” means the Freedom of Information Act 2014;

“prescribed body” has the same meaning as it has in the Act of 2014;

“public body” has the same meaning as it has in the Act of 2014;

“relevant body” means—

(a) a prescribed body, and

(b) a public body;

“relevant Minister” means, in relation to a relevant body that is—

(a) a public body—

(i) referred to in section 6(1)(a) of the Act of 2014, the Minister of the Government having charge of the Department of State concerned,

(ii) referred to in section 6(1)(b) of the Act of 2014, such Minister of the Government as the Government may designate in relation to that public body,

(iii) referred to in section 6(1)(c) of the Act of 2014 that was established or appointed by—

(I) the Government, such Minister of the Government as the Government may designate in relation to that public body, or

(II) a Minister of the Government, the Minister of the Government who established or appointed the public body concerned,

(iv) referred to in paragraph (d) or (e) of section 6(1) of the Act of 2014, such Minister of the Government as the Government may designate in relation to that public body,

(v) referred to in section 6(1)(f) of the Act of 2014, that is directly or indirectly controlled by—

(I) a public body to which subparagraph (ii) or (iv) relates, such Minister of the Government as the Government may designate in relation to that public body,

(II) a public body to which subparagraph (iii)(I) relates, such Minister of the Government as the Government may designate in relation to that public body, or

(III) a public body to which subparagraph (iii)(II) relates, the Minister of the Government who established or appointed the public body referred to in section 6(1) (c) of the Act of 2014,

(vi) referred to in section 6(1)(g) of the Act of 2014, the Minister for Education and Skills,

(vii) referred to in section 6(1)(h) of the Act of 2014 (other than a public body referred to in subparagraphs (i) to (iv)), such Minister of the Government as the Government may designate in relation to that public body, and

(viii) referred to in paragraph (a) or (b) of section 6(2) of the Act of 2014 (other than a public body referred to in subparagraphs (i) to (iv)), such Minister of the Government as the Government may designate in relation to that public body,

and

(b) a prescribed body, such Minister of the Government as the Government may designate in relation to that public body.

Annotations:

Amendments:

F33

Substituted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 17, S.I. No. 468 of 2021.