Garda Síochána Act 2005

3

Interpretation.

3.— (1) In this Act, unless the context otherwise requires—

F1[Authority means the Policing Authority established by section 62B;

Chief Executive means the chief executive officer of the Authority appointed under section 62P;

committee means a committee of the Authority established under section 62K;]

“Committee of Public Accounts” means the committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;

“complaint” means a complaint made under Part 4;

“Disciplinary Regulations” means—

(a) the 1989 Regulations, as amended under section 128, for as long as they continue to be in force under that section, or

(b) any regulations in force under section 123;

“document” means any book, record or other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form;

“establishment day” means the day appointed under section 63;

F1[establishment day of the Authority means the day appointed under section 62A;]

“Garda Commissioner” means the Commissioner of the Garda Síochána;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“joint policing committee” means a committee established under section 36;

F1[local authority has the meaning it has in the Local Government Act 2001;]

“member”, in relation to the Garda Síochána, means—

(a) a member of any rank (including the Garda Commissioner) appointed under Part 2 or under an enactment repealed by this Act, and

(b) a reserve member,

but does not include a member of the civilian staff of the Garda Síochána;

“Minister” means the Minister for Justice, Equality and Law Reform;

“Ombudsman Commission” means the Garda Síochána Ombudsman Commission established under section 64;

F1[policing principles shall be read in accordance with section 3B;

policing services means the functions of the Garda Síochána referred to in section 7 other than the provision of security services;]

“prescribed” means prescribed by regulation;

“regulations” means regulations continued in force under this Act or made by the Minister under this Act;

“1989 Regulations” means the Garda Síochána (Discipline) Regulations 1989 (S.I. No. 94 of 1989);

“reserve member” means a person appointed under section 15 as a reserve member of the Garda Síochána.

F1[security services shall be read in accordance with section 3A;

Service means the Public Appointments Service.]

(2) In this Act—

(a) a reference to a section, Chapter, Part or Schedule is to a section, Chapter or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires.

Annotations

Amendments:

F1

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 3, S.I. No. 612 of 2015.

F2

Inserted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 27, not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: definitions inserted in subs. (1) by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 27, not commenced as of date of revision.

F2["controlled drug" has the same meaning as it has in section 2 of the Misuse of Drugs Act 1977;]

F2["psychoactive substance" means a psychoactive substance within the meaning of section 1 of the Criminal Justice (Psychoactive Substances) Act 2010 to which that Act applies;]

F2["sample" means a sample of any of the following taken, or to be taken, from a person:

(a) urine;

(b) hair, other than pubic hair;

(c) oral fluid, including saliva;

(d) blood;]