[10 th March, 2015]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, collective citation and commencement
1. (1) This Act may be cited as the Public Health (Standardised Packaging of Tobacco) Act 2015.
(2) The Public Health (Tobacco) Acts 2002 to 2013 and this Act may be cited as the Public Health (Tobacco) Acts 2002 to 2015.
(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

Interpretation
2. (1) In this Act—
“Act of 2002” means Public Health (Tobacco) Act 2002 ;
“affixed item” means anything affixed or otherwise attached to the retail packaging of a tobacco product other than a tax stamp or the lining of a unit packet of a tobacco product;
“cigarette packet” means a unit packet of cigarettes;
“Directive” means the Directive No. 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC;
“filter tip”, in relation to a cigarette, means the part of the end of the cigarette that acts as a filter or purports to act as a filter;
“inserted item” means any item placed inside the retail packaging of a tobacco product, other than a tobacco product or the lining of a unit packet of a tobacco product;
“mark” includes any line, letter, number, symbol, graphic or image, other than a trademark;
“Minister” means the Minister for Health;
“prescribed” means prescribed by regulations made by the Minister under section 3 ;
“retail packaging”, in relation to a tobacco product, means the outside packaging of the tobacco product, any lining contained therein and any wrapper that covers such outside packaging;
“sell”, in relation to tobacco products, means sell by wholesale or retail and includes—
(a) offer or expose for sale,
(b) invite the making by a person of an offer to purchase,
(c) distribute free of charge, and
(d) supply for any of these purposes (whether or not for profit);
“tax stamp” has the same meaning as it has in Chapter 3 of Part 2 of the Finance Act 2005 ;
“tobacco product” means a product—
(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and
(b) that is intended for sale by retail in the State;
“trade mark” has the same meaning as it has in the Trade Marks Act 1996 ;
“variant name”, in relation to a tobacco product, means the name used to distinguish that tobacco product from other tobacco products of the same brand name.

(2) (a) A reference to the outer surface of outside packaging is a reference to the entire outer surface of that packaging, including, where the outside packaging is a cigarette packet, the outer surface of a flip-top lid.
(b) Where outside packaging has a flap with a surface that is visible only when the packaging is opened, that surface is an inner surface of the packaging.
(3) Subject to subsection (1), a word or expression that is used in this Act and is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.

Orders and regulations
3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision of this Act to have full effect.
(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3) Every order (other than an order under section 1 (3)) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses
4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

Restriction of Act
5. (1) Nothing in this Act shall operate to—
(a) prohibit the registration of a trade mark under the Trade Marks Act 1996 , or
(b) be grounds for the revocation of the registration of a trade mark under that Act.
(2) Nothing in this Act shall operate to affect the law in relation to tax stamps.

Transitional provisions
6. (1) This Act shall not apply to the sale, before 20 May 2017, of tobacco products manufactured or released for circulation before 20 May 2016, provided that on the date of their sale those tobacco products comply with the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 ( S.I. No. 425 of 2003 ) and the Public Health (Tobacco) (General and Combined Warnings) Regulations 2011 ( S.I. No. 656 of 2011 ).
(2) For the purposes of this section, the Regulations referred to in subsection (1) shall continue to apply until 20 May 2017 notwithstanding any revocation of those Regulations by any subsequent enactment.

PART 2
Retail Packaging and Presentation of Tobacco Products
Retail packaging of cigarettes
7. (1) Subject to subsection (2) , a cigarette packet shall—
(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish;
(b) in respect of the inner surface thereof, be of a prescribed colour;
(c) not bear a mark or trade mark other than in accordance with subsections (3) and (4);
(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof;
(e) not contain an adhesive that is coloured or non-transparent;
(f) not contain any inserted items or affixed items other than as provided for by law.
(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
(a) health warnings;
(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);
(c) such other items as are provided for by law.
(3) Subject to subsection (4) , the following may be printedon a cigarette packet:
(a) a brand name or business name or company name, and
(b) a variant name for the cigarettes concerned.
(4) A name referred to in subsection (3) shall be printed in accordance with regulations under subsection (10) and may be printed—
(a) once on the front outer surface of the cigarette packet,
(b) once on the top outer surface of the cigarette packet, and
(c) once on the bottom outer surface of the cigarette packet,
provided that the name does not obscure or interfere with health warnings on the cigarette packet.

(5) A bar-code or other similar identification mark may be printed once on a cigarette packet in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of such bar-code or mark, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).
(6) A cigarette packet shall—
(a) be cuboid in shape, the edges of which may be rounded or bevelled;
(b) be made of carton or soft material;
(c) not contain an opening that can be re-closed or re-opened after it is first opened other than—
(i) a flip-top lid provided the lid is hinged at the back of the packet, or
(ii) a shoulder-box hinged-lid.
(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of cigarettes.
(8) A wrapper that covers a cigarette packet or any other form of outside packaging of cigarettes shall—
(a) be transparent;
(b) not be coloured;
(c) not have any decorative ridges, embossing or other embellishments;
(d) not bear a trade mark or mark other than a tear-strip that is in accordance with regulations under subsection (9);
(e) not have any affixed item, other than as provided for by law.
(9) The Minister may prescribe the manner in which a tear-strip may be printed on a wrapper under subsection (8)(d), including the colour, dimensions, specifications, and positioning of a tear-strip on the wrapper.
(10) The Minister may prescribe the manner in which a name referred to in subsection (3) may be printed on a cigarette packet or any other form of outside packaging of cigarettes, including the colour, font type, font size, positioning and appearance of such a name.
(11) In prescribing matters referred to in subsection (1)(a) or (b) or subsection (10), the Minister shall have regard to—
(a) the need to decrease the appeal of cigarettes,
(b) the need to increase the effectiveness of health warnings on retail packaging of cigarettes, and
(c) the need to reduce the ability of retail packaging of cigarettes to mislead consumers about the harmful effects of smoking.
(12) This section applies to the retail packaging of cigarettes that are intended for sale by retail in the State.
(13) Subsection (6) applies to the retail packaging of cigarettes that are intended to be placed on the market.

Appearance of cigarettes
8. (1) Subject to subsection (2), a cigarette shall comply with the following requirements:
(a) the paper covering the cigarette shall, subject to paragraph (b)(ii), be white in colour;
(b) where the cigarette has a filter tip—
(i) the filter tip shall be white in colour, and
(ii) the part of the cigarette paper that covers the filter tip may be white in colour or have an imitation cork tip.
(2) The following may be printed, in accordance with regulations under subsection (3), on a cigarette:
(a) a brand name or business name or company name; and
(b) a variant name for the cigarettes concerned.
(3) The Minister may prescribe the form and manner in which a name referred to in subsection (2) may be printed on a cigarette, including the colour, font type, font size, positioning and appearance of such a name, and in doing so the Minister shall have regard to—
(a) the need to ensure that an erroneous impression is not created in relation to the characteristics, health effects, hazards or emissions of cigarettes, and
(b) the need to reduce the ability of cigarettes to mislead consumers in relation to the harmful effects of smoking.
(4) In this section, “an imitation cork tip”, in relation to a cigarette, means the part of the paper covering the filter tip of the cigarette that is printed so as to resemble cork.
(5) It shall be an offence for a person to manufacture, import or sell cigarettes that do not comply with the requirements of this section.
(6) This section applies to cigarettes that are intended for sale by retail in the State.

Retail packaging of roll-your-own tobacco
9. (1) Subject to subsection (2), a unit packet of roll-your-own tobacco shall—
(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish;
(b) in respect of the inner surface thereof, be of a prescribed colour;
(c) not bear a mark or trade mark other than in accordance with subsections (3) and (4);
(d) not bear any decorative ridges, embossing or other embellishments;
(e) not contain an adhesive that is coloured or non-transparent;
(f) not contain any inserted item or affixed item other than as provided for by law.
(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
(a) health warnings;
(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);
(c) such other items as are provided for by law.
(3) Subject to subsection (4), the following may be printed on a unit packet of roll-your-own tobacco:
(a) a brand name or business name or company name, and
(b) a variant name for the roll-your-own tobacco concerned.
(4) A name referred to in subsection (3) shall be printed in accordance with regulations under subsection (10) and may be printed—
(a) where the packet is cuboid in shape—
(i) once on the front outer surface of the packet,
(ii) once on the top outer surface of a cuboid packet, and
(iii) once on the bottom outer surface of a cuboid packet, or
(b) where the packet is other than cuboid in shape, twice on the outer surface of the packet but not more than once on any one surface,
provided that the name does not obscure or interfere with health warnings on the packet.

(5) A bar-code or other similar identification mark may be printed once on a unit packet of roll-your-own tobacco in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of the bar-code, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).
(6) A unit packet of roll-your-own tobacco shall—
(a) be cuboid in shape, the edges of which may be rounded or bevelled,
(b) be cylindrical in shape, or
(c) have the form of a pouch.
(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of roll-your-own tobacco.
(8) A wrapper that covers a unit packet or any other form of outside packaging of roll-your-own tobacco shall—
(a) be transparent;
(b) not be coloured;
(c) not have any decorative ridges, embossing or other embellishments;
(d) not bear a mark or trade mark other than a tear-strip that is in accordance with regulations under subsection (9);
(e) not have any affixed item, other than as provided for by law.
(9) The Minister may prescribe the manner in which a tear-strip may be printed on a wrapper under subsection (8)(d), including the colour, dimensions, specifications, and positioning of a tear-strip on the wrapper.
(10) The Minister may prescribe the manner in which a name referred to in subsection (3) may be printed on a unit packet of roll-your-own tobacco, including the colour, font type, font size, positioning and appearance of such a name.
(11) In prescribing matters referred to in subsection (1)(a) or (b) or subsection (10), the Minister shall have regard to—
(a) the need to decrease the appeal of roll-your-own tobacco,
(b) the need to increase the effectiveness of health warnings on retail packaging of roll-your-own tobacco, and
(c) the need to reduce the ability of retail packaging of tobacco products to mislead consumers in relation to the harmful effects of smoking.
(12) This section applies to the retail packaging of roll-your-own tobacco that is intended for sale by retail in the State.
(13) Subsection (6) applies to the retail packaging of roll-your-own tobacco that is intended to be placed on the market.

Retail packaging of other tobacco products
10. (1) Subject to subsection (2), a unit packet of tobacco products other than cigarettes and roll-your-own tobacco shall—
(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish;
(b) in respect of the inner surface thereof, be of a prescribed colour;
(c) not bear a mark or trade mark other than in accordance with subsections (3) and (4);
(d) not bear any decorative ridges, embossing or other embellishments;
(e) not contain an adhesive that is coloured or non-transparent;
(f) not contain any inserted items or affixed items other than as provided for by law.
(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
(a) health warnings;
(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);
(c) such other items as are provided for by law.
(3) Subject to subsection (4), the following may be printed on a unit packet of tobacco products other than cigarettes and roll-your-own tobacco:
(a) a brand name or business name or company name, and
(b) a variant name for the tobacco product concerned.
(4) A name referred to in subsection (3) shall be printed in accordance with regulations under subsection (9) and may be printed—
(a) where the packet is cuboid in shape—
(i) once on the front outer surface of the packet,
(ii) once on the top outer surface of a cuboid packet, and
(iii) once on the bottom outer surface of a cuboid packet,
or
(b) where the packet is other than cuboid in shape, twice on the outer surface of the packet but not more than once on any one surface,
provided that the name does not obscure or interfere with health warnings on the packet.

(5) A bar-code or similar identification mark may be printed once on a unit packet of tobacco products other than cigarettes or roll-your-own tobacco in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of the bar-code, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).
(6) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco.
(7) A wrapper that covers a unit packet or any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco shall—
(a) be transparent;
(b) not be coloured;
(c) not have any decorative ridges, embossing or other embellishments;
(d) not bear a mark or trade mark other than a tear-strip that is in accordance with regulations under subsection (8);
(e) not have any affixed item, other than as prescribed by law.
(8) The Minister may prescribe the manner in which a tear-strip may be printed on a wrapper under subsection (7)(d), including the colour, dimensions, specifications, and positioning of a tear-strip on the wrapper.
(9) The Minister may prescribe the manner in which a name under subsection (3) may be printed on a unit packet or any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco, including the colour, font type, font size, positioning and appearance of such a name.
(10) In prescribing matters referred to in subsection (1)(a) or (b) or subsection (9), the Minister shall have regard to—
(a) the need to decrease the appeal of tobacco products other than cigarettes and roll-your-own tobacco,
(b) the need to increase the effectiveness of health warnings on retail packaging of tobacco products other than cigarettes and roll-your-own tobacco,
(c) the need to reduce the ability of retail packaging of tobacco products other than cigarettes and roll-your-own tobacco to mislead consumers in relation to the harmful effects of smoking.

Linings of tobacco products
11. Where a unit packet of cigarettes, roll-your-own tobacco or any other tobacco product contains a lining, the lining shall be of such colour and material as may be prescribed.

Tar, nicotine and carbon monoxide yields
12. (1) The tar, nicotine and carbon monoxide content of a tobacco product shall not be printed on a unit packet or any other form of retail packaging of a tobacco product.
(2) In this section “tobacco product” includes a tobacco product intended to be placed on the market.

Presentation of tobacco products
13. (1) A tobacco product, any retail packaging of a tobacco product, including any brand name, business name or company name printed thereon, or any bar-code or similar identification mark printed on the outside packaging of a tobacco product shall not—
(a) promote a tobacco product or encourage its consumption by containing information or statements that create an erroneous impression in relation to the characteristics, health effects, hazards or emissions of the tobacco product,
(b) contain information or statements that suggest a tobacco product is less harmful than other tobacco products or that it reduces the effect of some of the harmful components of smoke,
(c) contain information or statements that suggest that a tobacco product has a vitalising, energetic, healing, rejuvenating, natural or organic properties, or that it has lifestyle benefits,
(d) make any reference to the taste, smell, flavouring of the tobacco product or other additives contained in the product or the absence thereof,
(e) contain any element or feature that resembles a food or a cosmetic product,
(f) suggest that the tobacco product has improved biodegradability or other environmental advantages.
(2) It shall be an offence for a person to manufacture, import or sell tobacco products in relation to which there is a contravention of this section.
(3) In this section “tobacco product” includes a tobacco product intended to be placed on the market.

Features of retail packaging of tobacco products
14. Any retail packaging of a tobacco product or any bar-code or similar identification mark printed on the outside packaging of a tobacco productshall not—
(a) contain any audio effects or scents that have the effect of promoting the tobacco product, or
(b) contain any features designed to alter the retail packaging after sale by retail, including the following:
(i) heat-activated inks;
(ii) inks designed to appear gradually over time;
(iii) inks that appear fluorescent in certain light;
(iv) panels designed to be scratched or rubbed to reveal an image;
(v) removable tabs;
(vi) fold-out panels.
PART 3
Offences, Proceedings and Penalties
Offences in relation to retail packaging
15. (1) It shall be an offence for a person to package tobacco products with retail packaging in relation to which there is a contravention of section 7 , 9 , 10 , 11 , 12 , 13 or 14 .
(2) It shall be an offence for a person to manufacture retail packaging of tobacco products in relation to which there is a contravention of section 7 , 9 , 10 , 11 , 12 , 13 or 14 .
(3) It shall be an offence for a person to import or sell tobacco products the retail packaging of which contravenes section 7 , 9 , 10 , 11 , 12 , 13 or 14 .
(4) In proceedings for an offence under this Act, it shall be a defence for a person against whom such proceedings are brought to show that he or she made all reasonable efforts to ensure compliance with such provisions of this Act as are alleged to have been contravened.

Penalties
16. (1) A person who is guilty of an offence under this Act—
(a) shall be liable, on summary conviction—
(i) in the case of a first offence, to a class B fine or to imprisonment for a term not exceeding 6 months, or to both,
(ii) in the case of any subsequent offence, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both,
or
(b) shall be liable, on conviction on indictment, to a fine or to imprisonment for a term not exceeding 8 years, or to both.
(2) Unless it is satisfied that there are special and substantial reasons for not so doing, the court shall, where the person is convicted of an offence, order a person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence.

Offences by bodies corporate
17. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with consent or connivance, or was attributable to any wilful neglect of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Proceedings
18. Summary proceedings for an offence under this Act may be brought and prosecuted by the Health Service Executive.

Evidence in proceedings for an offence
19. (1) In proceedings for an offence under this Act, a tobacco product, or packaging of a tobacco product, that purports to bear the name of the importer of that product, shall, unless the contrary is proved, be evidence that the tobacco product was imported by the person concerned.
(2) In proceedings for an offence under this Act, a tobacco product, or retail packaging of a tobacco product, that purports to bear the name of the manufacturer of that product, shall, unless the contrary is proved, be evidence that—
(a) the tobacco product was manufactured by the person concerned,
(b) the retail packaging of the tobacco product was manufactured by the person concerned, or
(c) that the person concerned packaged the tobacco product with retail packaging,
as the case may be.
(3) In proceedings for an offence under this Act, a tobacco product, or retail packaging of a tobacco product, that bears a trade mark shall, unless the contrary is proved, be evidence that the product or the retail packaging, as the case may be, was manufactured by the person who at the time of the alleged commission of the offence owned that trade mark.

PART 4
Miscellaneous
Amendment of section 2 of Act of 2002
20. Section 2(1) of the Act of 2002 is amended by inserting the following definition:
“ ‘Act of 2015’ means the Public Health (Standardised Packaging of Tobacco) Act 2015;”.

Amendment of section 5A of Act of 2002
21. Section 5A (inserted by section 3 of the Public Health (Tobacco) (Amendment) Act 2009 ) of the Act of 2002 is amended—
(a) in subsection (1), by inserting “or an offence under the Act of 2015” after “an offence under this Act”,
(b) in subsection (2), by inserting “or an offence under the Act of 2015” after “an offence under this Act”, and
(c) in subsection (3), by inserting “or an offence under the Act of 2015” after “an offence under this Act”.

Amendment of section 37 of Act of 2002
22. Section 37 of the Act of 2002 is amended in subsection (9) by inserting “or under the Act of 2015” after “an offence under this Act”.

Amendment of section 48 of Act of 2002
23. The Act of 2002 is amended by substituting the following section for section 48:
“48. (1) The Health Service Executive shall appoint such one or more persons, as it considers appropriate, to be an authorised officer or authorised officers for the purposes of this Act and the Act of 2015.

(2) A person appointed to be an authorised officer under this section shall, on his or her appointment, be furnished by the Health Service Executive with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person thereby affected, produce such warrant to that person for inspection.
(3) An appointment under this section as an authorised officer shall cease—
(a) if the Health Service Executive revokes the appointment,
(b) if the appointment is for a fixed period, on expiry of that period, or
(c) in the case of a person who is a member of staff of the Health Service Executive, if he or she ceases to be a member of staff.
(4) For the purposes of this Act and the Act of 2015, an authorised officer may—
(a) subject to subsection (6), enter (if necessary by the use of reasonable force), at all reasonable times, any premises at which he or she has reasonable grounds for believing that—
(i) any trade, business or activity connected with the manufacture, processing, disposal, export, import, distribution, sale, storage, packaging, labellin g or retail packaging of a tobacco product is or has been carried on, or
(ii) books, records or other documents (including documents stored in non-legible form) relating to such trade, business or activity are kept,
(b) at all reasonable times enter (if necessary by the use of reasonable force) any specified place,
(c) at such premises inspect and take copies of, any labels, retail packaging of tobacco products, books, records, other documents (including documents stored in non-legible form) or extracts therefrom, which he or she finds in the course of his or her inspection,
(d) remove any such labels, retail packaging, books, records or documents from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act or the Act of 2015,
(e) carry out, or have carried out, such examinations, tests, inspections and checks of—
(i) the premises,
(ii) any tobacco product, retail packaging of tobacco products or any article or substance used in the manufacture, processing, labelling, retail packaging or storage of tobacco products, at the premises, or
(iii) any equipment, machinery or plant at the premises, as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act or the Act of 2015,
(f) require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such labels, retail packaging of tobacco products, tobacco products, books, documents or other records (and in the case of documents or records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s power or procurement, as he or she may reasonably require for the purposes of his or her functions under this Act or the Act of 2015,
(g) take samples of any tobacco product, retail packaging of tobacco products or any article or substance used in the manufacture, processing, labelling, retail packaging or storage of tobacco products found at the premises for the purposes of analysis and examination,
(h) direct that such tobacco products or retail packaging of tobacco products found at the premises as he or she, upon reasonable grounds, believes contravene a provision of this Act or the Act of 2015 not be sold or distributed or moved from the premises, without his or her consent,
(i) secure for later inspection any premises or part of any premises in which a tobacco product, retail packaging of tobacco products, substance or article used in the manufacture, processing, labelling, retail packaging or storage of tobacco products is found or ordinarily kept, or records, labels, retail packaging of tobacco products, tobacco products books or documents are found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act or the Act of 2015, or
(j) take possession of and remove from the premises for examination and analysis any tobacco product, retail packaging of tobacco products or any substance or article used in the manufacture, processing, labelling, retail packaging or storage of tobacco products found there, and detain them for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act or the Act of 2015.
(5) When performing a function under this Act, an authorised officer may, subject to any warrant under subsection (7), be accompanied by such number of authorised officers, members of the Garda Síochána or officers of the Revenue Commissioners as he or she considers appropriate.
(6) An authorised officer shall not enter a dwelling, other than—
(a) with the consent of the occupier, or
(b) in accordance with a warrant issued undersubsection (7).
(7) Upon the application of an authorised officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—
(a) a tobacco product, retail packaging of tobacco products or any substance or article used in the manufacture, processing, labelling, retail packaging or storage of a tobacco product is to be found in any dwelling or premises, or is being or has been subjected to any process or stored in any dwelling or premises,
(b) labels, books, records or other documents (including documents stored in non-legible form) referred to insubsection (4)(a)(ii) are being stored or kept in any dwelling or premises, or
(c) a dwelling is occupied in whole or in part by an undertaking engaged in any trade, business or activity referred to in subsection (4)(a)(i),
issue a warrant authorising a named authorised officer accompanied by such other authorised officers, members of the Garda Síochána or officers of the Revenue Commissioners as may be necessary, at any time or times, within one month of the date of issue of the warrant, to enter the dwelling or premises (as the case may be) and perform the functions of an authorised officer under paragraphs (c), (d), (e), (f), (g), (h), (i) and (j) of subsection (4).

(8) Any person who obstructs or interferes with an authorised officer, a member of the Garda Síochána or officers of the Revenue Commissioners in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (7) or impedes the exercise by the officer or member, as the case may be, of such power or fails or refuses to comply with a request or requirement of, or to answer a question asked by, the officer or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question gives information to the officer or member that he or she knows to be false or misleading in any material respect, shall be guilty of an offence.
(9) Where an authorised officer, upon reasonable grounds, believes that a person has committed an offence under this Act or under the Act of 2015, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides and, if the authorised officer thinks it necessary, to produce corroborative evidence of his or her name and address.
(10) Where an authorised officer has—
(a) directed that tobacco products or retail packaging of tobacco products not be sold, distributed or moved, pursuant tosubsection (4)(h), or
(b) taken possession of and removed any tobacco product or retail packaging of tobacco products pursuant to subsection (4)(j),
he or she may apply to the District Court for an order that any such tobacco product or retail packaging be destroyed, and the judge of the District Court may grant such an order if he or she is satisfied that such product or retail packaging contravenes a provision of this Act or the Act of 2015.

(11) A statement or admission made by a person pursuant to a requirement under subsection (4)(f) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (8)).
(12) A person who falsely represents himself or herself to be an authorised officer shall be guilty of an offence.
(13) The costs (including ancillary costs) of any possession, detention or destruction carried out by the Health Service Executive under subsections (4) and (10) shall be recoverable as a simple contract debt in any court of competent jurisdiction from a person convicted of an offence under this Act or the Act of 2015.
(14) In this section—
“premises” means any place, ship or other vessel, aircraft, railway wagon or other vehicle, and includes a container used to transport tobacco products or retail packaging of tobacco products or any article or substance used in the manufacture, processing or storage of tobacco products or retail packaging of tobacco products;
“record” includes, in addition to a record in writing—
(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
(c) a photograph,
and any reference to a copy of a record includes—
(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,
(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and
(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;
“retail packaging” has the same meaning as it has in section 2 of the Act of 2015;
“tobacco product” includes a tobacco product within the meaning of section 2 of the Act of 2015.”.

1OJ No. L127, 29.4.2014, p.1


[Preamble.]
On convictions at assizes or quarter sessions questions of law may be reserved.          [1.] When any person shall have been convicted of any treason, felony, or misdemeanor, before any court of oyer and terminer or gaol delivery, or court of quarter sessions, the judge or commissioner or justices of the peace before whom the case shall have been tried may, in his or their discretion, reserve any question of law which shall have arisen on the trial for the consideration of the justices of either bench and barons of the Exchequer; and thereupon shall have authority to respite execution of the judgment on such conviction, or postpone the judgment, until such question shall have been considered and decided, as he or they may think fit; and in either case the court in its discretion shall commit the person convicted to prison, or shall take a recognizance of bail, with one or two sufficient sureties, and in such sum as the court shall think fit, conditioned to appear at such time or times as the court shall direct, and receive judgment, or to render himself in execution, as the case may be.

Statement and determination of case and judgment thereon.                                2. The judge or commissioner or court of quarter sessions shall thereupon state, in a case signed in the manner now usual, the question or questions of law which shall have been so reserved, with the special circumstances upon which the same shall have arisen; and such case shall be transmitted to the said justices and barons; and the said justices and barons shall thereupon have full power and authority to hear and finally determine the said question or questions, and thereupon to reverse, affirm, or amend any judgment which shall have been given on the indictment or inquisition on the trial whereof such question or questions have arisen, or to avoid such judgment, and to order an entry to be made on the record, that in the judgment of the said justices and barons the party convicted ought not to have been convicted, or to arrest the judgment, or order judgment to be given thereon at some other session of oyer and terminer or gaol delivery, or other sessions of the peace, if no judgment shall have been before that time given, as they shall be advised, or to make such other order as justice may require; and such judgment and order, if any, of the said justices and barons shall be certified under the hand of the presiding chief justice or chief baron to the clerk of assize or his deputy, or to the clerk of the peace or his deputy, as the case may be, who shall enter the same on the original record in proper form; and a certificate of such entry, under the hand of the clerk of assize or his deputy, or the clerk of the peace or his deputy, as the case may be, in the form, as near as may be or to the effect mentioned in the schedule annexed to this Act, with the necessary alterations to adapt it to the circumstances of the case, shall be delivered or transmitted by him to the sheriff or gaoler in whose custody the person convicted shall be; and the said certificate such be a sufficient warrant to shall sheriff or gaoler, and all other persons for the execution of the judgment, as the same shall be so certified to have been affirmed or amended, and execution shall be thereupon executed on such judgment, and for the discharge of the person convicted from further imprisonment, if the judgment shall be reversed, avoided, or arrested, and in that case such sheriff or gaoler shall forthwith, discharge him, and also the next court of oyer and terminer and gaol delivery or sessions of the peace shall vacate the recognizance of bail, if any; and if the court of oyer and terminer and gaol delivery or court of quarter sessions shall be directed to give judgment, the said court shall proceed to give judgment at the next session.

Judgment to be delivered in open court.                                                  3. . . . the judgment or judgments of the said justices and barons shall be delivered in open court, after hearing counsel or the parties, in case the prosecutor or the person convicted shall think it fit that the case shall be argued, in like manner as the judgments of the superior courts of common law at Westminster or Dublin, as the case may be, are now delivered.

Case or certificate may be sent back for amendment.                                      4. The said justices and barons, when a case has been reserved for their opinion, shall have power, if they think fit, to cause the case or certificate to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended.

When judgment reversed on writ of error, judgment may be pronounced or record remitted.  5. Whenever any writ of error shall be brought upon any judgment on any indictment, information, presentment, or inquisition, in any criminal case, and the court of error shall reverse the judgment, it shall be competent for such court of error either to pronounce the proper judgment or to remit the record to the court below, in order that such court may pronounce the proper judgment upon such indictment, information, presentment or inquisition.

Penalty for forgery of certificates.                                                     6. Every person who shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any certificate of or copy certified by a chief justice, or any certificate of or copy certified by a clerk of assize or his deputy, or the clerk of the peace or his deputy, as the case may be, with intent to cause any person to be discharged from custody, or otherwise prevent the due course of justice, shall be guilty of felony, and being convicted thereof shall be liable . . . to be transported for any term not exceeding ten years . . .

Extent of Act.                                                                           7. This Act shall not extend to Scotland.

[S. 8 rep. 38 & 39 Vict c. 66. (S.L.R.)]
Schedule.
Sect. 2 .
Whereas at the session of the peace for the county of, held on, before, and others their fellows, [or at the session of oyer and terminer and gaol delivery held for the county of, on, before, among others, Sir A.B., knight, one of the justices of the court of, and, here name the quorum commissioners, justices of oyer and terminer and gaol delivery,] A.B., late of, labourer, having been found guilty of felony, and judgment thereupon given, that [state the substance], the court before whom he was tried reserved a certain question of law for the consideration of the justices of either bench and the barons of the Exchequer, and execution was thereupon respited in the meantime:
This is to certify, that the said justices and barons having met in the Exchequer Chamber at Westminster [or Dublin, as the case may be,] on the day of, it was considered by the said justices and barons there that the judgment aforesaid should be annulled, and an entry made on the record, that the said A.B. ought not, in the judgment of the said justices and barons, to have been convicted of the felony aforesaid; and you are therefore hereby required forthwith to discharge the said A.B. from your custody.

To the gaoler of, and the sheriff of, and all others whom it may concern.

(Signed) E.F.
Clerk of the peace for the county of [or, Clerk of assize for as the case may be].

[1 Short title, “The Crown Cases Act, 1848.” See 55 & 56 Vict. c. 10.]


[13th July, 2017]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“bid to host the tournament” means the bid to host the tournament on the territory of the island of Ireland;
“bidding process” means the process of making a bid to host the tournament and any proposal to purchase any commercial rights relating to the tournament;
“commercial rights” means those commercial rights (including hospitality, licensing and sponsorship) belonging to Rugby World Cup Limited that it holds in respect of the tournament;
“Minister” means Minister for Transport, Tourism and Sport;
“Rugby World Cup Limited” means the company incorporated under the laws of the Isle of Man and having its principal place of business at 8-10 Pembroke Street, in the city of Dublin (company number 043750C);
“tournament” means Rugby World Cup 2023;
“tournament budget” means any expenditure projected to be incurred or actually incurred by the tournament company staging the tournament;
“tournament company” means a company referred to in section 2.

Tournament company
2. If the bid to host the tournament is successful, the Minister may, subject to such conditions as he or she sees fit, and with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, do any of the following in relation to a company formed and registered under the Companies Act 2014 to stage the tournament:
(a) acquire, hold and dispose of shares or other interests in that company;
(b) enter into any shareholders’ agreement or any similar agreement;
(c) become a member of the company.
Financial support by Minister
3. The Minister may, for the purposes of the staging of the tournament, subject to such conditions as he or she sees fit, and with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance—
(a) provide financial support in respect of the tournament budget (including any guarantee of that budget) to a tournament company,
(b) advance funds (including loans) to a tournament company for the purposes of staging the tournament, and
(c) subject to section 4, provide support to a person in respect of any proposal by that person to purchase any commercial rights.

Commercial rights - purchase by Minister
4. If the bid to host the tournament is successful, the Minister may, with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, purchase any commercial rights and dispose of them, in such manner as he or she sees fit.

Payment of tournament fee
5. The Minister may, with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, pay to Rugby World Cup Limited the fee for the exclusive right of the territory of the island of Ireland to be the host territory of the tournament.

Undertakings in staging tournament
6. The Minister may, with the consent of the Government, provide undertakings to Rugby World Cup Limited in relation to the staging of the tournament in the State (including but not limited to matters such as the provision of security in the State during the tournament, the assistance and facilitation of participants in the tournament, public infrastructure, services and human resources for the purposes of the tournament).

Report of Minister
7. If the bid to host the tournament is successful, the Minister shall, during each period of 6 months thereafter until the conclusion of the tournament, report on preparation for and the staging of the tournament to the committee appointed by either House of the Oireachtas or jointly by both Houses to examine matters and make recommendations in relation to tourism and sport.

Expenses of Minister
8. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided for by the Oireachtas.

Short title and commencement
9. (1) This Act may be cited as the Rugby World Cup 2023 Act 2017.
(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.


Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Application of 2 Edw. 7. c. 42. s. 17, to powers under other Acts.            1. The provisions of section seventeen of the Education Act, 1902, requiring that all matters relating to the exercise by a local education authority or council having powers under that Act of their powers under that Act shall stand referred to the education committee constituted under that section, and enabling the local education authority or council to delegate to the education committee so constituted any of their powers under that Act, shall apply not only with respect to the powers conferred on the local education authority or council under that Act, but also to any powers connected with education conferred by or under any other Act, scheme, or order, on the authority or council, expressly as a local education authority or as a council having powers under the Education Act, 1902, except the power of raising a rate or borrowing money.

Accounts of managers of a school provided under Part II. of 2 Edw. 7. c. 42.  2. Where any receipts or payments of money are entrusted by a council having powers under Part II. of the Education Act, 1902, to the managers of any school provided by them for the purpose of supplying education other than elementary, the accounts of those receipts and payments shall be accounts of the council under the Education Act, 1902, but the auditor of those accounts shall have the same power with respect to the managers as he would have if the managers were officers of the council.

Joint action under Part II. of the Education Act, 1902.                       3. For the purpose of establishing or maintaining any school or college which any council have power to establish or maintain under Part II. of the Education Act, 1902, the council shall have power and shall be deemed always to have had power to unite with any other council having powers under that Part of that Act, on such terms as to payment, the appointment of a joint body of managers, and otherwise, as may be or may have been agreed between them.

Validity of undertakings by students on entering training colleges.           4. Where with a view to following the profession of teacher a person has, in pursuance of regulations made by the Board of Education, entered into an undertaking that he will, in consideration of any grant made by the Board in respect of his maintenance, education, and training, complete the course of education or training specified in the undertaking, and will subsequently follow the profession of teacher in the manner and for the period specified in the undertaking, and in the event of failure to do so will repay to the Board such proportion of the grants made by the Board as is specified in the undertaking, the undertaking shall be binding on him notwithstanding that he was an infant at the time when the undertaking was given, and any sums repayable in accordance with the undertaking shall be recoverable as debts to the Crown.

Appropriation to other purposes of land acquired for educational purposes     5. The council of any county, borough, or urban district may, with the consent of the Board of Education, appropriate any land held by them in their capacity as local education authority for any of the purposes of the council, otherwise than in their capacity as local education authority, approved by the Local Government Board:
Provided that the council shall not on any lands so appropriated—
(a) create or permit any nuisance; or
(b) sink any well for the public supply of water or construct any cemetery, burial ground, destructor, station for generating electricity, sewage farm, or hospital for infectious disease, unless, after local inquiry and consideration of any objections made by persons affected, the Local Government Board, subject to such conditions as they think fit, authorise the work or construction.

Proof of certificate under 62 & 63 Vict. c. 32. s. 1, legal proceedings.      6. In any legal proceedings by a local education authority, the production of a certificate, purporting to be signed by a duly qualified practitioner approved by the Board of Education for the purposes of subsection three of section one of the Elementary Education (Defective and Epileptic Children) Act, 1899, to the effect that a child is defective or epileptic within the meaning of that section, shall be sufficient evidence of the facts therein stated, unless the parent or guardian of the child referred to in the certificate requires the medical practitioner to be called as a witness; but it shall be lawful for the parent or guardian to give evidence in proof that the certificate is incorrect.

Short title and construction.                                                 7. This Act may be cited as the Education (Administrative Provisions) Act, 1909, and shall be construed as one with the Education Acts, 1870 to 1907, and those Acts and this Act may be cited together as the Education Acts, 1870 to 1909.


[3rd October, 2018]
Be it enacted by the Oireachtas as follows:
Interpretation
1. (1) In this Act—
“Act of 2001” means the Mental Health Act 2001 ;
“Minister” means the Minister for Health;
“replacement renewal order”, in relation to an unexpired renewal order, means the order made under section 3 (1)(b) that replaces the unexpired renewal order;
“unexpired renewal order” means an order purporting to be a renewal order made under section 15(3) of the Act of 2001 where the period for which it was made has not expired before the commencement of section 3 .

(2) Section 2(1) of the Act of 2001 shall apply to the interpretation of this Act as it applies to the interpretation of that Act.

Expenses
2. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

Replacement renewal orders
3. (1) Subject to subsection (2), where a patient is the subject of an unexpired renewal order, the consultant psychiatrist responsible for the care and treatment of the patient, having carried out an examination of the patient as soon as possible after the commencement of this section but, in any case, not later than 5 working days (or, if the Minister permits thereto in writing, 8 working days) after such commencement, shall, where he or she is satisfied by virtue of that examination that the patient continues to suffer from a mental disorder—
(a) certify in a form specified by the Commission that the patient continues to suffer from a mental disorder, and
(b) make an order replacing the unexpired renewal order in respect of the patient for a specified period not exceeding the maximum period specified in section 15(3) of the Act of 2001.
(2) A replacement renewal order shall be in substitution for, and not in addition to, the unexpired renewal order and shall, for the purposes of the Act of 2001 and subject to the provisions of that Act, take effect as if it were a renewal order under section 15(3) of that Act and, accordingly, sections 16 to 18 of that Act shall apply to the replacement renewal order and cease to apply to the unexpired renewal order.
(3) An unexpired renewal order continues in force until—
(a) the period for which it was made expires,
(b) it is revoked pursuant to a provision of the Act of 2001,
(c) it is replaced by a replacement renewal order, or
(d) the 5 working days (or, if applicable, 8 working days) referred to in subsection (1) expires,
whichever first occurs.
Amendment of section 15 of Act of 2001
4. Section 15 of the Act of 2001 is amended by the substitution of the following subsection for subsection (3):
“(3) (a) The period referred to in subsection (1) may be further extended by order made by the consultant psychiatrist concerned for a period not exceeding 6 months beginning on the expiration of the renewal order made by the psychiatrist under subsection (2) and thereafter may be further extended by order made by the psychiatrist for periods each of which does not exceed 6 months (each of which orders is also referred to in this Act as ‘a renewal order’).

(b) Subject to paragraphs (c) and (d), a patient detained pursuant to any renewal order made under paragraph (a) for a period exceeding 3 months, or his or her legal representative, on the instructions of the patient or on the representative’s own initiative, may make one application per renewal order period, in a form specified by the Commission for the purpose, in respect of that renewal order to the Commission to have his or her detention reviewed by a tribunal in accordance with the provisions of section 18.
(c) An application referred to in paragraph (b) shall be made to the Commission not earlier than 3 months from the date on which the renewal order concerned was made under paragraph (a).
(d) For the purposes of a review conducted pursuant to an application referred to in paragraph (b), subsection (1) of section 18 shall be read as if paragraph (a) of that subsection were deleted therefrom and the following paragraph were substituted therefor:
‘(a) if satisfied that the patient is suffering from a mental disorder, affirm the order, or’ ”.

Amendment of section 16 of Act of 2001
5. Section 16 of the Act of 2001 is amended, in subsection (2), by the insertion of the following paragraph after paragraph (e):
“(ee) subject to section 15(3)(c) and (d), is entitled, by virtue of section 15(3)(b), to apply (or have his or her legal representative apply on the instructions of the patient or on the representative’s own initiative) to the Commission to have the patient’s detention further reviewed by a tribunal in accordance with the provisions of section 18,”.

Amendment of section 17 of Act of 2001
6. Section 17 of the Act of 2001 is amended, in subsection (1), by the insertion of “or an application referred to in section 15(3)(b),” after “or a renewal order,”.

Amendment of section 18 of Act of 2001
7. Section 18 of the Act of 2001 is amended by the substitution of the following subsection for subsection (2):
“(2) Subject to subsection (4), a decision under subsection (1) shall be made as soon as may be, but—
(a) in the case of an admission order or a renewal order, not later than 21 days after the making of such order, or
(b) in the case of an application referred to in section 15(3)(b), not later than 21 days after the date on which the Commission received the application.”.

Exclusions
8. (1) Nothing in this Act shall prejudice any right or entitlement of a patient under or relating to section 28 of the Act of 2001.
(2) Nothing in this Act shall affect any proceedings—
(a) commenced in any court concerning the validity of a renewal order or an order purporting to be a renewal order where those proceedings were commenced before the commencement of this section, or
(b) under section 19 of the Act of 2001.
Short title, collective citation, construction and commencement
9. (1) This Act may be cited as the Mental Health (Renewal Orders) Act 2018.
(2) The Mental Health Acts 2001 to 2009, the Mental Health (Amendment) Act 2018 and this Act may be cited together as the Mental Health Acts 2001 to 2018 and shall be construed together as one.
(3) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.