34. (1) Subject to subsection (3), F4[section 39 of the Act of 2024] shall apply to the functions of the Garda Commissioner under this Act and a reference in that section to a function under the F4[Act of 2024] or under a provision of the F4[Act of 2024] shall be construed as including a reference to a function of the Garda Commissioner under this Act.

(2) A delegation by the Garda Commissioner in accordance with F4[section 39 of the Act of 2024] of any functions to which this Act applies may be made only to a member of a specified rank not below the rank of Assistant Garda Commissioner, or to a member of F4[garda staff] not below a grade equivalent to the rank of Assistant Garda Commissioner.

(3) In this section, a reference to “this Act” includes a reference to the Act of 2003 as applied by section 19.