Garda Síochána (Functions and Operational Areas) Act 2022

SCHEDULE 1

Amendment of Acts by section 4(1)

Section 4(1)

Reference

(1)

Number and Year

(2)

Short Title

(3)

Provision Affected

(4)

Extent of Amendment

(5)

1.

No. 93 of 1851

Petty Sessions (Ireland) Act 1851

Section 25(1)

By the substitution of “a superintendent or an inspector of the Garda Síochána in the Garda Síochána division” for “the superintendent or an inspector of the Garda Síochána of the Garda Síochána district”.

2.

No. 9 of 1904

Registration of Clubs (Ireland) Act 1904

Section 3(1)

By the substitution of “a superintendent of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the Garda district”.

3.

No. 17 of 1925

Firearms Act 1925

Section 1

In the definition of “issuing person”, by the substitution of “a superintendent of the Garda Síochána in the Garda division in which” for “the superintendent of the Garda Síochána of the district where”.

Section 2(5)(a)

By the substitution of “A Superintendent in any Garda division may authorise in writing the possession, use or carriage of firearms or ammunition in that division” for “The Superintendent of any district may authorise in writing the possession, use or carriage of firearms or ammunition in that district”.

Section 2(5)(e)

By the substitution of “a Superintendent in the Garda division” for “the Superintendent of the district”.

Section 2(7)

By the substitution of “A superintendent in any Garda division” for “The superintendent of any district”.

Section 3(1)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána of the district”.

Section 4A(12)

By the substitution of “a Superintendent in the Garda division” for “the superintendent of the district”.

Section 5(3)

By the substitution of “a superintendent in the Garda division in which” for “the superintendent of the district where”.

Section 6(a)

By the substitution of “a Superintendent in the Garda division” for “the Superintendent of the district”.

Section 10(3)(b)

By the substitution of “a superintendent of the Garda Síochána in the Garda division” for “the superintendent of the Gárda Síochána of the district”.

Section 10(3A)(a)

By the substitution of “a superintendent of the Garda Síochána in the Garda division” for “the superintendent of the Gárda Síochána of the district”.

Section 16(1)

By the substitution of “a superintendent of the Garda Síochána in the Garda division” for “the superintendent of the Gárda Síochána of the district”.

Section 23(2)

By the substitution of “a superintendent of the Garda Síochána in the area” for “the superintendent of the Gárda Síochána of the area”.

4.

No. 27 of 1931

Betting Act 1931

Section 4(1)(a)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 4(1)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 4(2)(a)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 4(2)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 4(5)

By the substitution of “Inspector of the Garda Síochána to whom the application concerned is made with all such information (including information relating to the applicant’s financial circumstances) as that Inspector” for “Superintendent of the Garda Síochána to whom the application concerned is made with all such information (including information relating to the applicant’s financial circumstances) as that Superintendent”.

Section 4(6)

By the substitution of “An Inspector” for “A Superintendent”.

Section 4(7)

By the substitution of “An Inspector” for “A Superintendent”.

Section 4(9)

By the substitution of “an Inspector” for “a Superintendent”.

Section 4(10)

By the substitution of “An Inspector” for “A Superintendent”.

Section 5B(2)(b)

By the substitution of “Inspector” for “Superintendent”.

Section 5B(2)(c)

By the substitution of “Inspector” for “Superintendent”.

Section 5B(2)(d)

By the substitution of “Inspector” for “Superintendent”.

Section 5C(1)(b)

By the substitution of “an Inspector” for “a Superintendent”.

Section 7D(1)

By substituting “Inspector” for “Superintendent”.

Section 10(1)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Gárda Síochána for the district”.

Section 10(2)

By the substitution of “Garda division” for “district”.

Section 10(4)

By the substitution of “An inspector of the Garda Síochána” for “A superintendent of the Gárda Síochána”.

Section 11(1)(k)

By the substitution of “Garda division” for “district”.

Section 11(1)(mm)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 13(1)

By the substitution of “an Inspector of the Garda Síochána refuses an application for a certificate of personal fitness, that Minister of the Government or the Inspector” for “a Superintendent of the Garda Síochána refuses an application for a certificate of personal fitness, that Minister of the Government or the Superintendent”.

Section 13(2)

By the substitution of “an Inspector” for “a Superintendent”.

Section 13(4)(b)(i)

By the substitution of “Inspector” for “Superintendent”.

Section 13(4)(b)(ii)

By the substitution of “Inspector” for “Superintendent”.

Section 13(5)(b)(i)

By the substitution of “Inspector” for “Superintendent”.

Section 13(5)(b)(ii)

By the substitution of “Inspector” for “Superintendent”.

Section 13(6)

By the substitution of “Inspector” for “Superintendent”.

Section 13(12)(a)

By the substitution of “An Inspector” for “A Superintendent”.

Section 14(2)

By the substitution of “inspector of the Garda Síochána” for “superintendent of the Gárda Síochána”.

Section 14(3)(b)

By the substitution of “Inspector” for “Superintendent”.

Section 14(3)(c)

By the substitution of “Inspector” for “Superintendent”.

Section 14(3)(d)

By the substitution of “Inspector” for “Superintendent”.

Section 32E(1)(b)

By the substitution of “an Inspector of the Garda Síochána to whom an application under section 4 is made of any offence under section 1078 of the Taxes Consolidation Act 1997 of which the person making the application stands convicted, upon receiving a request in writing in that behalf from that Inspector.” for “a Superintendent of the Garda Síochána to whom an application under section 4 is made of any offence under section 1078 of the Taxes Consolidation Act 1997 of which the person making the application stands convicted, upon receiving a request in writing in that behalf from that Superintendent.”.

5.

No. 2 of 1935

Public Dance Halls Act 1935

Section 3(2)(a)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which the place to which such application relates is situate” for “the Superintendent of the Gárda Síochána within whose district is situate the place to which such application relates”.

Section 3(2)(b)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which” for “the Superintendent of the Gárda Síochána within whose district”.

6.

No. 42 of 1947

Seanad Electoral (Panel Members) Act 1947

Rule 8(2)(f) in the First Schedule

By the substitution of “a superintendent of the Garda Síochána in the Garda division in which the said premises is situate or, where the superintendent is unable through illness, absence or other cause to perform his duties, such inspector of the Garda Síochána performing duties in that division” for “the superintendent of the Garda Síochána in whose district is situate the said premises or, where the superintendent is unable through illness, absence or other cause to perform his duties, such inspector of the Garda Síochána performing duties in that district”.

7.

No. 2 of 1951

Criminal Justice Act 1951

Section 16

By the substitution of “an inspector in the Garda division in which the person resides” for “the officer of the Garda Síochána in charge of the district in which such person resides”.

8.

No. 30 of 1953

Intoxicating Liquor Act 1953

Section 8(3)(b)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which” for “the Superintendent of the Garda Síochána, within whose district”.

9.

No. 2 of 1956

Gaming and Lotteries Act 1956

Section 9A(1)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the district”.

Section 9A(2)(c)

By the substitution of “inspector” for “superintendent”.

Section 9A(3)

By the substitution of “inspector” for “superintendent” in both places where it occurs.

Section 9A(4)

By the substitution of “An inspector” for “A superintendent”.

Section 9A(5)

By the substitution of “inspector” for “superintendent”.

Section 9A(16)

By the substitution of

“The chief superintendent of the Garda Síochána division shall cause to be kept a register of all gaming permits—

(a) issued within his or her division”

for

“Every superintendent of the Garda Síochána shall keep a register of all gaming permits—

(a) issued by him or her”.

Section 16(1)(a)

By the substitution of “an Inspector of the Garda division in which the said premises are situate” for “the Superintendent of the Garda Síochána for the locality”.

Section 17(2)

By the substitution of “an Inspector” for “the Superintendent”.

Section 27B(1)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the district”.

Section 27B(2)(c)

By the substitution of “inspector” for “superintendent”.

Section 27B(3)

By the substitution of “inspector” for “superintendent” in both places where it occurs.

Section 27B(4)

By the substitution of “An inspector” for “A superintendent”.

Section 27B(5)

By the substitution of “inspector” for “superintendent”.

Section 27B(15)

By the substitution of

F3[The chief superintendent of the Garda Síochána division shall cause to be kept a register of all lottery permits]

(a) issued within his or her division”

for

“Every superintendent of the Garda Síochána shall keep a register of all lottery permits—

(a) issued by him or her”.

Section 28(4)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the district”.

Section 33(1)

By the substitution of “inspector” for “superintendent”.

Section 46(1)

By the substitution of “in the Garda division in which” for “within whose district”.

Section 49(1)

By the substitution of “Inspector” for “Superintendent”.

10.

No. 18 of 1960

Intoxicating Liquor Act 1960

Section 15(3)(b)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which” for “the Superintendent of the Garda Síochána, within whose district”.

Section 16(3)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which” for “the Superintendent of the Garda Síochána, within whose district”.

11.

No. 31 of 1964

Pawnbrokers Act 1964

Section 35(1)

By the substitution of “an Inspector of the Garda Síochána in a Garda division who shall be nominated by a Superintendent in the division to notify forthwith and to give a full description to all pawnbrokers within that division” for “every Superintendent of the Garda Síochána to notify forthwith and to give a full description to all pawnbrokers within the district to which he is attached”.

12.

No. 1 of 1964

Firearms Act 1964

Section 3(3)

By the substitution of “a Superintendent in any Garda division has granted a permit which is in force to use and carry a firearm for a purpose (other than the shooting of such protected wild animals or wild birds) specified in the permit in that division” for “the Superintendent of any district has granted a permit which is in force to use and carry a firearm for a purpose (other than the shooting of such protected wild animals or wild birds) specified in the permit in that district”.

Section 3(4)(a)

By the substitution of “Garda division, a Superintendent in that division” for “district, the Superintendent of that district”.

Section 3(4)(b)

By the substitution of that paragraph with the following paragraph:

“A Superintendent in any Garda division may revoke a permit granted under this section in relation to that division.”.

Section 9(2)

By the substitution of “A superintendent in the Garda division in which” for “The superintendent of the district where”.

Section 9(3)

By the substitution of “A superintendent in the Garda division” for “The superintendent of a district”.

Section 9(4)

By the substitution of “in the Garda division in which” for “in the district where”.

Section 11(2)

By the substitution of “a Superintendent in any Garda division or any member of the Garda Síochána in any Garda division duly authorised to do so by a Superintendent in that division may substitute for the description of a firearm (other than a restricted firearm) in a firearm certificate held by a person residing in that division” for “the Superintendent of any district or any member of the Garda Síochána in any district duly authorised to do so by the Superintendent of that district may substitute for the description of a firearm (other than a restricted firearm) in a firearm certificate held by a person residing in that district”.

Section 13(2)

By the substitution of “A Superintendent in any Garda division may authorise in writing an auctioneer (being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section) in that division” for “The Superintendent of any district may authorise in writing an auctioneer (being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section) in that district”.

Section 13(5)

By the substitution of “a Superintendent in the Garda division” for “the Superintendent of the district”.

13.

No. 39 of 1976

Wildlife Act 1976

Section 39(1)

By the substitution of “division” for “district”.

Section 75(2)

By the substitution of “a Superintendent of the Garda Síochána in the Garda Síochána division” for “the Superintendent of the Garda Síochána of the district”.

14.

No. 11 of 1985

Animals Act 1985

Section 6(1)

By the deletion of the definition of “superintendent”.

Section 6(5)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the district”.

15.

No. 16 of 1988

Intoxicating Liquor Act 1988

Section 10

By the substitution of “a superintendent of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the Garda district”.

16.

No. 12 of 1990

Firearms and Offensive Weapons Act 1990

Section 6(1)

By the substitution of “A superintendent of the Garda Síochána in a Garda division may grant an authorisation in writing to a person resident in the division” for “The superintendent of the Garda Síochána of a district may grant an authorisation in writing to a person resident in the district”.

Section 6(2)

By the substitution of “A superintendent in the Garda division in which” for “The superintendent of the district where”.

Section 7(1)

By the substitution of “a superintendent in the Garda division” for “the superintendent of the district”.

Section 7(3)

By the substitution of “A superintendent in the Garda division in which” for “The superintendent of the district where”.

Section 7(4)

By the substitution of “a superintendent in the Garda division in which” for “the superintendent of the district where”.

Section 9B(1)

By the substitution of “A Superintendent in a Garda division may authorise in writing the possession, use or carriage of realistic imitation firearms in that division” for “The Superintendent of any district may authorise in writing the possession, use or carriage of realistic imitation firearms in that district”.

Section 9B(5)

By the substitution of “a Superintendent in the Garda division” for “the Superintendent of the District”.

17.

No. 14 of 1993

Roads Act 1993

Section 74(2)

By the substitution of “an Inspector of the Garda Síochána in the Garda division in which” for “the Superintendent of the Garda Síochána within whose district”.

18.

No. 37 of 1996

Control of Horses Act 1996

Section 2

(a) by the deletion of the definition of “Superintendent”, and

(b) by the insertion of the following definition after the definition of “horse licence”:

“ ‘Inspector’ means an Inspector of the Garda Síochána in the area in which a horse is seized or detained under section 37;”.

Section 18(3)(e)

By the substitution of “an Inspector” for “a Superintendent”.

Section 37(3)

By the substitution of “an Inspector” for “the Superintendent”.

Section 38

By the substitution of “an Inspector, as the case may be, may cause to be attached to the horse such identification mark or device as the authority or the Inspector” for “the Superintendent, as the case may be, may cause to be attached to the horse such identification mark or device as the authority or the Superintendent”.

Section 39(1)

By the substitution of “an Inspector” for “the Superintendent”.

Section 39(2)

By the substitution of “an Inspector” for “the Superintendent” wherever it occurs.

Section 39(2)(e)

By the substitution of “Inspector or” for “Superintendent or”.

Section 39(4)

By the substitution of “an Inspector” for “a Superintendent”.

Section 39(5)

By the substitution of “an Inspector” for “a Superintendent”.

Section 39(6)

By the substitution of “Inspector” for “Superintendent”.

Section 40(1)

By the substitution of “Inspector” for “Superintendent” wherever it occurs.

Section 40(3)

(a) by the substitution of “an Inspector” for “a Superintendent”, and

(b) by the substitution of “Inspector” for “Superintendent” in both places where it occurs.

Section 40(4)

(a) by the substitution of “an Inspector” for “a Superintendent”, and

(b) by the substitution of “Inspector” for “Superintendent”.

Section 40(7)

By the substitution of “an Inspector” for “a Superintendent”.

Section 41

(a) by the substitution of “an Inspector” for “the Superintendent”, and

(b) by the substitution of “Inspector” for “Superintendent”.

Section 42(2)

(a) by the substitution of “Chief Superintendent” for “Superintendent”, and

(b) by the substitution of “Chief Superintendent’s” for “Superintendent’s”.

19.

No. 20 of 2000

Firearms (Firearm Certificates For Non-Residents) Act 2000

Section 2(14)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána of the district”.

Section 2(17)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána of the district”.

20.

No. 18 of 2001

Sex Offenders Act 2001

Section 11(3)

By the substitution of “a superintendent of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána of the district”.

21.

No. 24 of 2001

Children Act 2001

Section 257C(1)

By the substitution of “A superintendent in a Garda Síochána division, on receipt of a report from a member of the Garda Síochána in that division” for “The superintendent in charge of a district, on receipt of a report from a member of the Garda Síochána in that district”.

Section 257E(2)

By the substitution of “a superintendent in the Garda Síochána division” for “the superintendent in charge of the Garda Síochána district”.

22.

F4[]

F4[]

F4[]

F4[]

23.

No. 20 of 2005

Garda Síochána Act 2005

Section 33(2)

By the substitution of “an area” for “a district”.

24.

No. 26 of 2006

Criminal Justice Act 2006

Section 93(3)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána of the district”.

Section 93(4)

By the substitution of “A superintendent or any other member of the Garda Síochána in the Garda division in which the applicant ordinarily resides” for “That superintendent or any other member of the Garda Síochána”.

Section 115(8)(a)

By the substitution of “division” for “district”.

Section 116(2)

By the substitution of “division” for “district”.

25.

No. 29 of 2007

Criminal Justice Act 2007

Section 26(2)

By the substitution of “in the Garda division” for “of the district”.

Section 26(9)

By the substitution of “in the Garda division” for “of the district” in both places where it occurs.

Section 26A(7)

By the substitution of “in the Garda division” for “of the district” in both places where it occurs.

26.

No. 17 of 2008

Intoxicating Liquor Act 2008

Section 7(3)(a)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which the premises are situate” for “the Superintendent of the Garda Síochána within whose district”.

Section 7(5)

By the substitution of “a Superintendent of the Garda Síochána in the Garda division in which” for “the Superintendent of the Garda Síochána within whose district”.

27.

No. 6 of 2010

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Section 109A(1)

By the substitution of “an Inspector” for “a Superintendent”.

Section 109B(1)(a)(i)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 109B(1)(a)(ii)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 109B(4)

By the substitution of “Inspector” for “Superintendent”.

Section 109B(5)

By the substitution of “An Inspector” for “A Superintendent”.

Section 109B(7)

By the substitution of “an Inspector” for “a Superintendent”.

Section 109B(8)

By the substitution of “An Inspector” for “A Superintendent”.

Section 109C(1)

By the substitution of “An Inspector” for “A Superintendent”.

Section 109D(2)(b)

By the substitution of “Inspector” for “Superintendent”.

Section 109D(2)(c)

By the substitution of “Inspector” for “Superintendent”.

Section 109D(2)(d)

By the substitution of “Inspector” for “Superintendent”.

Section 109E(1)

By the substitution of “an Inspector” for “a Superintendent”.

Section 109E(3)

By the substitution of “Inspector” for “Superintendent”.

Section 109E(4)(b)

By the substitution of “Inspector” for “Superintendent”.

Section 109E(5)

By the substitution of “Inspector” for “Superintendent”.

28.

No. 22 of 2010

Criminal Justice (Psychoactive Substances) Act 2010

Section 9(3)(b)

By the substitution of “inspector in the Garda Síochána division” for “superintendent in the Garda Síochána district”.

Section 11(3)(c)

By the substitution of “inspector in the Garda Síochána division” for “superintendent in the Garda Síochána district”.

29.

No. 37 of 2013

Taxi Regulation Act 2013

Section 30(13)(a)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 30(13)(b)(i)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 30(13)(c)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

30.

No. 11 of 2014

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Section 25(7)

By the substitution of “division” for “district”.

Section 31(9)

By the substitution of “division” for “district”.

Section 32(9)

By the substitution of “division” for “district”.

Section 50(4)

By the substitution of “division” for “district”.

31.

No. 20 of 2019

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019

Section 23(1)(a)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the district”.

Section 27(d)

By the substitution of “an inspector of the Garda Síochána in the Garda division” for “the superintendent of the Garda Síochána for the district”.

32.

No. 21 of 2020

Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020

Section 31(5)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 33(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 35(5)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 35(6)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 36(5)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 37(4)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Section 38(2)(b)

By the substitution of “an Inspector of the Garda Síochána in the Garda division” for “the Superintendent of the Garda Síochána for the district”.

Annotations:

Amendments:

F3

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 125, S.I. No. 389 of 2023.

F4

Deleted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 37(a), S.I. No. 370 of 2022.