[Preamble.]
Canal companies, trustees of navigations, &c. may vary their tolls or rates on different portions of their canals, &c.                                                                                [1.] Subject to the provisions and limitations herein contained, it shall be lawful for the company of proprietors of any canal, or for the undertakers, commissioners, or trustees of any navigation or navigable river, already or hereafter to be established or incorporated, or which is regulated under the authority of Parliament, or for their respective lessees, committees, directors, or managers, or their superintendents, or other agents by them severally authorized, in such manner as may be required by their respective Acts of incorporation or for regulating such canals or navigations, from time to time to alter or vary the tolls, rates, and duties granted to them, or by them respectively authorized to be levied and received for the use of their several canals or navigations, or any branches therefrom, or any railways or tramways connected therewith, and made under the authority of such canal or navigation Acts respectively, either upon the whole or upon or for any particular portion or portions of such canals, navigations, branches, railways, or tramways, according to local circumstances, or the quantity of traffic or otherwise, as they shall think fit, and also from time to time to lower or reduce, and again to raise or advance, such tolls, rates, and duties, and also any tolls or charges by them respectively authorized to be levied and received for any haulage, trackage, or other power supplied by them, either upon the whole or upon any particular portion or portions of their said several canals, navigations, branches, railways, and tramways, as to such companies, commissioners, trustees, or lessees, or their committees, directors, managers, or superintendents respectively, shall seem fit, any thing in the several Acts of incorporation, or for regulating any such canals or navigations, contained to the contrary notwithstanding: Provided always, that in no case shall the tolls, rates, duties, and charges to be at any time levied or made by any such companies, commissioners, trustees, or lessees, for the use of any such canals, navigations, branches, railways, or tramways, or for the supply of any such haulage, trackage, or other power, exceed the amount which they are by their said several Acts respectively authorized to levy or receive.

and may also, from time to time, reduce and again advance their tolls or rates.

Tolls to be charged equally to all persons under the like circumstances.                                                                                2. Provided always that all tolls, rates, and duties for the use of any such canals, navigations, branches, railways, or tramways shall be at all times charged equally to all persons, and after the same rate, whether per mile, or per ton per mile, or otherwise, in respect of all boats, barges, and other vessels of a like description passing along or using the same portion of the said canal, navigation, branches, railways, or tramways respectively, and upon all goods, animals, articles, and things, of a like description, and conveyed or propelled in a like boat, barge, or other vessel passing along or using the same portion of the said canal, navigation, branches, railways, or tramways under the like circumstances; and that all tolls and charges for haulage or trackage or other power to be supplied by any such company, commissioners, trustees, or lessees, shall be at all times charged equally to all persons, and after the same rate, whether per mile, or per ton per mile, or otherwise, in respect of all goods, animals, articles, and things, of a like description, and conveyed in a like boat or vessel, drawn or propelled by a like power, and passing along or using the same portion of any such canal, navigation, branches, railways, or tramways, under the like circumstances; and no reduction or advance in any tolls or charges for the use of any such canal, navigation, branches, railways, or tramways, or for the supply of any haulage, trackage, or other power by the said companies, commissioners, trustees, or lessees, shall be made, either directly or indirectly, in favour of or against any-particular company or person passing along or using the same portion of such canal, navigation, branches, railways, or tramways.

Act not to apply until a meeting of shareholders, or, where there are no shareholders, until commissioners or trustees, or owners, have determined to adopt it, and notices have been duly published.  3. Provided always, that this Act shall not apply to any canal or navigation the property wherein is vested in shareholders, until a meeting of the shareholders thereof shall have been duly convened, in such manner as meetings are by their respective Acts of incorporation or settlement required to be called, or are usually called, and it shall have been determined, by a majority of two thirds of the votes of the shareholders in such meeting assembled, either in person or by proxy (where by such Acts of incorporation or settlement voting by proxy is allowed), to adopt the powers hereby granted, and where such navigations are vested in commissioners or trustees, without any body of shareholders or proprietors, until a special meeting of such commissioners or trustees shall have been duly convened, in such manner as special meetings are by the respective Acts for regulating such navigations required to be called, or are usually called, and it shall have been determined by a majority of such commissioners or trustees in such meeting assembled to adopt the powers by this Act granted, or to any canal or navigation the property wherein is vested in one or more owner or owners, proprietor or proprietors, unless the owner or owners, proprietor or proprietors thereof shall determine to adopt the powers and provisions hereby granted, nor in either case until public notice of such determination and intention shall have been inserted in the London Gazette in respect of canals or navigations in England or Wales, in the Edinburgh Gazette in respect of canals or navigations in Scotland, and in the Dublin Gazette in respect of canals or navigations in Ireland, and in some newspaper circulating in the county or counties wherein such canal or navigation, or some part thereof, shall pass, one month at the least previously to the exercise of such powers, whereupon, or immediately after the expiration of such notice, every such company, and all such commissioners, trustees, or lessees, owners and proprietors, or their respective committees, directors, or managers, or their agents by them duly authorized in manner aforesaid, may from time to time put in force and exercise the said powers or any of them in the manner by this Act authorized.

Saving of rights specifically reserved to canal companies and others by existing Acts of Parliament.                                                                                4. Provided always, that nothing in this Act contained shall be deemed or construed to deprive any canal or navigation company, or the commissioners, trustees, undertakers, or proprietors of any canal, river, or navigation, or the owners, lessees, or occupiers of any lands, collieries, quarries, or other hereditaments adjoining or near to any of such canals or navigations, or the overseers or surveyors of the roads of an y parish, township, or hamlet, through which any such canal or navigation may pass, of any powers, rights, privileges, exemptions, or advantages specifically and expressly secured to them by any existing Act of Parliament: Provided also, that where by any canal or navigation Act or Acts now passed the tolls, rates, or duties (whether tolls per mile or tolls in gross) upon any description of goods, animals, articles, or things, or upon any boats, barges, or other vessels, which shall be navigated, carried, or conveyed along any canal or navigation, or any portion thereof, and which shall pass into, out of, or along any such canal or navigation, or any portion thereof, from, into, or along any other canal or navigation, canals or navigations, adjoining or communicating therewith, or any portion thereof, or from or to the junction or junctions with any such adjoining or communicating canal or navigation, canals or navigations, are or shall be specially fixed, determined, or limited, either absolutely, or with reference to the tolls, rates, or duties to be levied or received from time to time on goods, animals, articles, or things, boats, barges, or other vessels, passing into, out of, or along such canal or navigation, or any portion or portions thereof respectively, from, into, or along any other adjoining or communicating canal or navigation, canals or navigations, or from or to the junction or junctions with such other adjoining or communicating canal or navigation, canals or navigations, or where in any such Act or Acts any special enactment or provision shall have been inserted for securing a rateable reduction or advance of the respective tolls, rates, or duties to be levied or received from time to time on goods, animals, articles, or things, boats, barges, or other vessels, or on goods, animals, articles, or things of the same description, passing over, along, into, or from any canal or navigation, or several and distinct portions of any canal or navigation, into or along two or more adjoining or communicating canals or navigations, or from or to the respective junctions of two or more adjoining or communicating canals or navigations, no alteration or variation of the tolls, rates, and duties, so specially fixed, determined, or limited, or any or either of them, other than such alterations or variations as are respectively authorized to be made under the several Acts for regulating such canals or navigations, shall be made under the authority of this Act without the previous consent in writing of the proprietors, trastees, undertakers, or commissioners of the canal or navigation, or of all the several canals or navigations, who are expressly mentioned in such special enactments or provisions, or of the committee, directors, or managers of the company, trustees, undertakers, or commissioners, or respective companies, trustees, undertakers, or commissioners of such canal or navigation, canals or navigations, which consents such companies, trustees, undertakers, and commissioners, or their respective committees, directors, or managers, are hereby authorized to give, either under their common seals respectively, or under the hand of their respective clerks or secretaries, although any such companies, trustees, or undertakers so consenting may not have adopted the other powers of this Act.

Canal companies subject to a limitation of profits, already reached, not to raise their dues.                                                                                5. Provided also, that where in any canal or navigation Act there shall have been inserted any special provision, which shall be still in force and unrepealed, whereby the amount of the annual dividends, interest, or profits to be shared or divided amongst the proprietors or shareholders of such canal or navigation shall have been limited not to exceed a certain percentage or amount, and the maximum of such percentage or amount shall have been attained at the time of the passing of this Act, it shall not be lawful for the company of proprietors, trustees, or undertakers of any such canal or navigation to avail themselves of any of the powers of this Act for the purpose of raising or increasing the tonnage rates, tolls, or duties which on the first day of January immediately before the passing of this Act were charged or levied upon any boats, barges, or other vessels carried upon or passing along such canal or navigation, or any part thereof.

Act not to exempt any canal, &c. to from any general Act.                                                                                6. Nothing herein contained shall be construed to exempt any canal or navigation company who shall adopt the powers of this Act from the operation of any general Act, regulating the manner of charging tolls and other charges upon canals and navigations in respect of passengers, goods, animals, articles, and things, of a like description, which may be passed in the course of any future session of Parliament.

[S. 7 rep. 38 & 39 Vict. c. 66. (S.L.R.)]


[28th June, 2017]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act, “Act of 1997” means the Bail Act 1997 .
Amendment of Criminal Justice Act 1984
2. Section 9 of the Criminal Justice Act 1984 is amended in subsection (1) by the substitution of “Sections 5, 5A, 6A” for “Sections 5, 6A”.

Amendment of Criminal Justice (Public Order) Act 1994
3. The Criminal Justice (Public Order) Act 1994 is amended by the insertion of the following after section 4:
“4A. (1) (a) Where a person—
(i) is in custody in a Garda Síochána station having been arrested under section 24 or for the offence at common law of breach of the peace, and
(ii) is, but for this section, to be released from custody,
he or she may, if the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that the person is intoxicated to such an extent as would give rise to a reasonable apprehension that the person might endanger himself or herself or other persons, be detained in custody for such period, not exceeding 6 hours from the time of his or her arrest, as the member of the Garda Síochána so in charge remains of that opinion.

(2) Where the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that the person detained under subsection (1) is under the age of 18 years, the member shall, upon the attendance at the station of a parent or guardian of the person or of a person reasonably named by the person so detained, release the person into the custody of the parent or guardian or the person reasonably named, unless the member is of opinion that the person continues to be intoxicated to such an extent that, if so released, he or she will continue to give rise to a reasonable apprehension that he or she might endanger himself or herself or other persons.
(3) Nothing in this section shall affect the operation of section 15 of the Criminal Justice Act 1951 (Proceedings on arrest) or section 53 of the Children Act 2001 (Duty of Garda Síochána in relation to certain under-age children).
(4) In this section ‘intoxicated ’ has the same meaning as it has in section 4.”.

Amendment of Criminal Justice (Drug Trafficking) Act 1996
4. Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 is amended in subsection (1) by the substitution of “Sections 5, 5A, 6A” for “Sections 5, 6A”.

Amendment of section 2 of Act of 1997
5. Section 2 of the Act of 1997 is amended by the substitution of the following subsection for subsection (2):
“(2) In exercising its jurisdiction under subsection (1), a court shall take into account and may, where necessary, receive evidence or submissions concerning—
(a) the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction,
(b) the nature and degree of seriousness of the offence apprehended and the sentence likely to be imposed on conviction,
(c) the nature and strength of the evidence in support of the charge,
(d) any conviction of the accused person for an offence committed while he or she was on bail,
(e) any previous convictions of the accused person including any conviction the subject of an appeal (which has neither been determined nor withdrawn) to a court,
(f) any other offence in respect of which the accused person is charged and is awaiting trial,
and, where it has taken into account one or more of the foregoing, it may also take into account—
(i) the fact that the accused person is addicted to a controlled drug within the meaning of the Misuse of Drugs Act 1977 ,
(ii) the extent to which the number and frequency of any previous convictions of the accused person for serious offences indicate persistent serious offending by the accused person, and
(iii) the nature and likelihood of any danger to the life or personal safety of any person or danger to the community that may be presented by the release on bail of a person charged with an offence punishable by imprisonment for a term of 10 years or by a more severe penalty.”.

Amendment of section 6 of Act of 1997
6. Section 6 of the Act of 1997 is amended—
(a) in subsection (1)(b) by the substitution of “considers necessary and proportionate” for “considers appropriate”,
(b) in subsection (1)(b), by the insertion of the following subparagraphs after subparagraph (v):
“(vi) that the accused person refrains from having contact (direct or indirect) with the person in respect of whom the offence is alleged to have been committed or any member of his or her family unless such contact is approved by the court,
(vii) that the accused person shall not drive a mechanically propelled vehicle (within the meaning of the Road Traffic Act 1961 ) where the person has been charged with a serious offence relating to the driving of such a vehicle and the court considers it necessary to impose such a condition to prevent the commission of a serious offence connected with the driving of such a vehicle,
(viii) that the accused person shall be at a specified place between specified times during the period commencing at 9.00 p.m. on each day and ending at 6.00 a.m. on each following day.”,
(c) in subsection (8), by the substitution of “subsection (6) or (10) ” for “subsection (6),”, and
(d) by the insertion of the following subsection:
“(10) Where a member of the Garda Síochána—
(a) with reasonable cause, suspects that a person who has been admitted to bail—
(i) is about to contravene any of the conditions of the recognisance,
(ii) is in the act of contravening any of the conditions of the recognisance, or
(iii) has contravened any of the conditions of the recognisance,
and
(b) considers that it is necessary to arrest the person immediately to prevent harm to, interference with or intimidation of the person in respect of whom the offence is alleged to have been committed, a witness to the offence alleged or to any other person specified in a condition referred to in subparagraphs (v) or (vi) of paragraph (b) of subsection (1),
he or she may arrest the person without warrant.”.
Amendment of section 6B of Act of 1997
7. Section 6B of the Act of 1997 is amended, in subsection (1), by the substitution of “the court may, on application to it in that behalf by the prosecutor, make the recognisance subject to the following further conditions:” for “the court may make the recognisance subject to the following further conditions:”.

Power to hear complainant evidence in bail applications
8. The Act of 1997 is amended by the insertion of the following section after section 9:
“9A. (1) A court considering an application for bail may, on the application of a member of the Garda Síochána, hear evidence from the person in respect of whom the offence is alleged to have been committed as to:
(a) the likelihood of direct or indirect interference or attempted interference by the accused person with the person in respect of whom the offence is alleged to have been committed or a member or his or her family; and
(b) the nature and seriousness of any danger to any person that may be presented by the release of the accused person on bail.
(2) For the purposes of subsection (1) the court may—
(a) where the person in respect of whom the offence is alleged to have been committed is a child under the age of 14 years, hear the evidence of the child or his or her parent or guardian on behalf of the child,
(b) where the person in respect of whom the offence is alleged to have been committed is a person with a mental disorder, hear the evidence of the person or a family member on behalf of the person.
(3) The court may, in the interests of justice, order that information relating to the evidence given under subsection (1) or any part of that information shall not be published or broadcast.
(4) If any matter is published or broadcast in contravention of subsection (3), the following persons, namely—
(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,
(b) in the case of any other publication, the person who publishes it, and
(c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,
shall be guilty of an offence.
(5) A person guilty of an offence under subsection (4) shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.
(6) Where an offence under subsection (4) is committed by a body corporate and it is proved that the offence was committed with the consent or connivance of any person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(7) In this section—
‘broadcast’ has the meaning assigned to it by the Broadcasting Act 2009 ;
‘child’ means a person under the age of 18 years;
‘family member’ means—
(a) a spouse or partner of the person,
(b) a child, grandchild, parent, grandparent, brother, sister, uncle, aunt, nephew or niece of the person,
(c) a person who is acting in loco parentis to the person,
(d) a dependant of the person, or
(e) any other person with whom, in the opinion of the court, the person has a close connection;
‘guardian’, in relation to a child, has the meaning assigned to it by the Children Act 2001 ;
‘mental disorder’ has the meaning assigned to it by the Mental Health Act 2001 ;
‘publish’ means publish, other than by way of broadcast, to the public or a portion of the public.”.

Requirement to give reasons for bail decisions
9. The Act of 1997 is amended by the insertion of the following section after section 9A:
“9B. Where an application for bail is made or renewed by a person charged with an offence, a court shall give reasons for its decision to grant or refuse the application including reasons for a decision to impose or vary any conditions to be contained in the recognisance to be entered into by the person.”.

Amendment of Schedule to Act of 1997
10. The Schedule to the Act of 1997 is amended, in paragraph 19, by the substitution of the following for subparagraph (b):
“(b) section 106 (duties on occurrence of accident);
(c) section 112 (towing vehicle without authority).”.
Amendment of Criminal Justice Act 2007
11. Section 52 of the Criminal Justice Act 2007 is amended in subsection (1) by the substitution of “Sections 5, 5A, 6A” for “Sections 5, 6A”.

Amendment of Criminal Justice Act 2011
12. Sections 9 (b), 13 and 14 of the Criminal Justice Act 2011 are repealed.

Short title and commencement
13. (1) This Act may be cited as the Criminal Justice Act 2017.
(2) 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 or different provisions.


[17th July, 2024]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Health (Miscellaneous Provisions) (No. 2) Act 2024.
(2) This Act shall come into operation on such day or days as the Minister for Health 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.

PART 2
Amendment of Principal Act
Definition
2. In this Part, “Principal Act” means the Health Act 2007 .

Amendment of section 41 of Principal Act
3. Section 41 of the Principal Act is amended, in subsection (1), by the insertion of the following paragraphs after paragraph (b):
“(ba) collect and maintain information relating to specified designated centres within the meaning of section 65A, in accordance with that section and any regulations made under section 101B,
(bb) inspect premises at which the chief inspector has reasonable grounds to believe that a person is carrying on the business of a designated centre which is not registered under this Act,”.

Amendment of section 49 of Principal Act
4. Section 49 of the Principal Act is amended, in subsection (1)—
(a) in paragraph (f), by the deletion of “and”, and
(b) by the insertion of the following paragraph after paragraph (f):
“(fa) details of any fine or other penalty imposed on the registered provider of the centre by a court under this Act during the period referred to in subsection (2), and”.

Removal of condition of registration
5. The Principal Act is amended by the insertion of the following section after section 51:
“51A. Notwithstanding section 51, the chief inspector may, at any time, remove any condition of the registration of a designated centre where he or she is satisfied that the removal of the condition—
(a) is appropriate in the circumstances, and
(b) will not adversely affect the persons who are resident in the designated centre.”.

Amendment of section 53 of Principal Act
6. Section 53 of the Principal Act is amended—
(a) in paragraph (b), by the substitution of “conditions,” for “conditions, or”,
(b) in paragraph (c)(iii), by the substitution of “centre, or” for “centre,”, and
(c) by the insertion of the following paragraph after paragraph (c):
“(d) under section 51A, to remove any condition of the registration of a designated centre,”.

Amendment of section 54 of Principal Act
7. Section 54 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “14 days” for “28 days”, and
(b) in subsection (2)(b), by the substitution of “14 days” for “28 days”.

Amendment of section 55 of Principal Act
8. Section 55 of the Principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (b), by the substitution of “conditions,” for “conditions, or”,
(ii) in paragraph (c)(iii), by the substitution of “centre, or” for “centre.”, and
(iii) by the insertion of the following paragraph after paragraph (c):
“(d) under section 51A, to remove any condition of the registration of a designated centre.”,
(b) in subsection (3)(a), by the substitution of “14 days” for “28 days”, and
(c) in subsection (4), by the substitution of “14 days” for “28 days”.

Amendment of section 57 of Principal Act
9. Section 57 of the Principal Act is amended, in subsection (2)(a), by the substitution of “14 days” for “28 days”.

Provision of information to chief inspector
10. The Principal Act is amended by the substitution of the following section for section 65:
“65. (1) The chief inspector may require the registered provider of a designated centre to provide such information as the chief inspector considers necessary to enable the chief inspector to carry out the chief inspector’s functions.

(2) Where the chief inspector requires that information be provided under subsection (1), the registered provider shall provide the information to the chief inspector.
(3) The information to be provided under this section shall be provided in such manner and form, and at such time, as the chief inspector considers appropriate.”.

Insertion of sections 65A and 65B in Principal Act
11. The Principal Act is amended by the insertion of the following sections after section 65:
“Submission of information to chief inspector in accordance with regulations under section 101B
65A. (1) Without prejudice to the generality of section 65, the registered provider of a specified designated centre shall submit to the chief inspector such information relating to the designated centre as may be prescribed in regulations under section 101B(1)(a).

(2) Where the information submitted by a registered provider under subsection (1) is, in the reasonable opinion of the chief inspector, incomplete, the chief inspector may request that the registered provider submit such further information as is necessary for the registered provider to be in compliance with subsection (1).
(3) Where the chief inspector makes a request under subsection (2), the registered provider shall comply with the request.
(4) The information to be submitted to the chief inspector under subsections (1) and (2) shall be submitted in accordance with any regulations made under section 101B, and in such manner and form as the chief inspector considers appropriate.
(5) The chief inspector shall establish and maintain a record of the information submitted by registered providers under this section.
(6) If the chief inspector becomes aware that any particular in the record is incorrect, he or she may make such alteration to the record as he or she considers necessary to correct the particular and shall notify the registered provider concerned in writing of any such alteration.
(7) The chief inspector may use information submitted by a registered provider of a specified designated centre under this section where necessary for the purposes of carrying out the chief inspector’s functions.
(8) Subject to subsection (9), the chief inspector shall, in accordance with any regulations made under section 101B(1), provide such information submitted to him or her under this section as is prescribed under paragraph (b) of that section, or data derived from that information, to—
(a) the Minister,
(b) the Authority,
(c) the Executive, and
(d) such public bodies as are prescribed in regulations under section 101B(1)(d).
(9) Information or data provided by the chief inspector under subsection (8) shall exclude any information or data that may identify or could reasonably lead to the identification of an individual.
(10) The chief inspector shall, in accordance with any regulations made under section 101B(1)(e), publish—
(a) aggregated information in relation to a specified designated centre for the purpose of informing residents, prospective residents, or the family members of such residents or prospective residents, in relation to decisions that they might wish to make in connection with that specified designated centre, and
(b) aggregated information, using any geographic, temporal or other categorisation that the chief inspector considers appropriate.
(11) In this section—
‘aggregated information’ means data derived from information submitted to the chief inspector under this section, which excludes any information that identifies or could reasonably lead to the identification of—
(a) where subsection (10)(a) applies, an individual, or
(b) where subsection (10)(b) applies, an individual or a particular specified designated centre;
‘public body’ means—
(a) a Minister of the Government, or
(b) a person, body or organisation established—
(i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or
(ii) under the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment,
and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;
‘specified designated centre’ means a designated centre to which paragraph (a)(iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies.

Prohibition against submission of false or misleading information
65B. A registered provider of a designated centre shall not submit to the chief inspector information under section 65 or 65A that the registered provider knows or should reasonably know to be false or misleading.”.

Transitional provision in relation to amendment of certain time limits
12. The Principal Act is amended by the insertion of the following section after section 69:
“69A. (1) Where, immediately before the commencement day, a time limit referred to in section 54(1) or (2)(b), 55(3)(a) or (4), or 57(2)(a) has not expired in relation to a person, the time limit concerned, notwithstanding its amendment by section 7 (a) or (b), 8 (b) or (c), or 9 , as the case may be, of the Act of 2024, shall continue to have effect in relation to the person on and after the commencement day as if section 7 (a) or (b), 8 (b) or (c), or 9 , as the case may be, of the Act of 2024 had not been commenced.

(2) In this section—
‘Act of 2024’ means the Health (Miscellaneous Provisions) (No. 2) Act 2024;
‘commencement day’ means—
(a) in relation to the time limit referred to in section 54(1), the day on which section 7 (a) of the Act of 2024 comes into operation,
(b) in relation to the time limit referred to in section 54(2)(b), the day on which section 7 (b) of the Act of 2024 comes into operation,
(c) in relation to the time limit referred to in section 55(3)(a), the day on which section 8 (b) of the Act of 2024 comes into operation,
(d) in relation to the time limit referred to in section 55(4), the day on which section 8 (c) of the Act of 2024 comes into operation, or
(e) in relation to the time limit referred to in section 57(2)(a), the day on which section 9 of the Act of 2024 comes into operation.”.

Insertion of sections 73A and 73B in Principal Act
13. The Principal Act is amended by the insertion of the following sections after section 73:
“Right of entry and inspection by chief inspector (premises that are not registered)

73A. (1) Subject to subsection (3), if the chief inspector has reasonable grounds having regard to all the circumstances to believe that a person is, at a premises, carrying on the business of a designated centre which is not registered under this Act, he or she may enter and inspect such premises at any time.

(2) The chief inspector, in the performance of functions under this section, may not enter a dwelling other than—
(a) with the consent of the occupier, or
(b) in accordance with a warrant from the District Court issued under section 73B authorising the entry.
(3) The chief inspector, in respect of premises referred to in subsection (1), may—
(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the services believed to be provided at that premises,
(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,
(c) inspect any other item and remove it from the premises where the chief inspector considers it necessary or expedient for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act,
(d) interview in private any person—
(i) working at the premises concerned, or
(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,
and
(e) make any other examination of the premises as is necessary for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act.
(4) At any time, the chief inspector, in respect of premises referred to in subsection (1), may require any person who—
(a) is the owner of the premises or the person in control of the premises or of the services provided at the premises, or
(b) possesses or is in charge of any records held at the premises or in respect of any services provided at the premises, even if the records are held elsewhere,
to furnish the chief inspector with the information the chief inspector reasonably requires for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act and to make available to the chief inspector any document or record in the power or control of the person described in paragraph (a) or (b) of this subsection that, in the opinion of the chief inspector, is relevant for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act.

(5) If a person is required under this section to produce a document or record and that document or record is kept by means of a computer, the chief inspector, for premises referred to in subsection (1), may require the person who is required to produce that document or record to produce it in a form which is legible and can be taken away.
(6) If the chief inspector, in respect of premises referred to in subsection (1), considers an explanation necessary and expedient for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act, the chief inspector may require a person who is in control of the premises or a person who possesses or is in charge of any documents or records which are the subject of the inspection under this section to provide an explanation of any—
(a) documents or records inspected, copied or provided in accordance with this section,
(b) other information provided in the course of the inspection, or
(c) other matters which are the subject of the functions being exercised by the chief inspector under this section.
(7) In this section and section 73B, ‘dwelling’ includes any part of a designated centre (including a centre where a person is carrying on the business of a designated centre that is not registered under this Act) occupied as a private residence by—
(a) a member of staff of the centre, or
(b) a person managing or participating in the management of the centre.

Circumstances in which District Court may issue warrant for premises that is not registered
73B. (1) Where, in relation to any premises referred to in section 73A(1), the chief inspector has reasonable grounds for believing that a person is carrying on the business of a designated centre which is not registered under this Act and he or she is prevented or has reasonable cause to believe there is a likelihood that he or she will be prevented from entering the premises, an application may be made to the District Court for a warrant under subsection (2) authorising the entry.

(2) If a judge of the District Court is satisfied on the sworn information of the chief inspector that there are reasonable grounds for believing—
(a) that there are any records (including records stored in a non-legible form) relating to the premises referred to in section 73A(1) or that there is anything being used at those premises which the chief inspector considers necessary to inspect for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act, or
(b) that there is, or such an inspection is likely to disclose, evidence of the matters referred to in paragraph (a),
the judge may issue a warrant permitting the chief inspector or an inspector, accompanied by other persons with appropriate qualifications, or by members of the Garda Síochána as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the premises, if need be by reasonable force, and to perform the functions conferred by or under section 73A.”.

Amendment of section 76 of Principal Act
14. Section 76 of the Principal Act is amended, in paragraph (b), by the substitution of “section 73B(2) or 75(2)” for “section 75(2)”.

Prohibition against certain conduct in relation to inspections under section 73A
15. The Principal Act is amended by the insertion of the following section after section 77A:
“77B. A person shall not—
(a) refuse to allow a person who under section 73A is conducting an inspection—
(i) to enter any premises other than a dwelling in accordance with that section or in accordance with a warrant issued by the District Court, or
(ii) to enter any dwelling in accordance with that section under and in accordance with a warrant issued by the District Court,
(b) obstruct or impede a person conducting an inspection under section 73A in the exercise of functions under that section, or
(c) give to a person conducting an inspection under section 73A information that the person giving the information knows, or should reasonably know, to be false or misleading.”.

Insertion of Part 9A in Principal Act
16. The Principal Act is amended by the insertion of the following Part after Part 9:
“PART 9A
Compliance Notices
Compliance notices
78A. (1) Where the chief inspector is satisfied that the registered provider of a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies has contravened or is contravening a relevant provision, the chief inspector may serve a notice (in this section referred to as a ‘compliance notice’) on the registered provider.

(2) A compliance notice shall—
(a) specify the act or omission constituting the contravention referred to in subsection (1) to which the notice relates,
(b) for the purpose of ensuring compliance by the registered provider on whom it is served with a relevant provision, require the registered provider to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and
(c) contain information regarding the bringing of an appeal under subsection (5) against the notice, including the manner in which an appeal shall be brought.
(3) A compliance notice shall not specify a date in accordance with subsection (2)(b) that falls on or before the date by which an appeal under subsection (5) may be brought.
(4) The chief inspector may, as he or she considers appropriate—
(a) withdraw a compliance notice at any time, or
(b) where no appeal is brought under subsection (5), specify a date that is later than the date specified in the notice under subsection (2)(b),
and shall notify the registered provider in writing accordingly.

(5) A registered provider on whom a compliance notice has been served may appeal the notice to the District Court not later than 14 days after the service of the notice concerned.
(6) Where a registered provider makes an appeal under subsection (5), the chief inspector, or an individual acting on behalf of the chief inspector, and the registered provider shall be entitled to be heard and to adduce evidence at the hearing of the appeal.
(7) Where an appeal is brought under subsection (5), the District Court may—
(a) confirm the compliance notice in whole or in part, with or without amendment of the notice, or
(b) direct the chief inspector to withdraw the compliance notice.
(8) A registered provider who fails to comply with a compliance notice by the specified date shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.
(9) This section shall not operate to prevent or restrict—
(a) the chief inspector from performing any of his or her functions under this Act in relation to the registered provider concerned, including in relation to the contravention to which the compliance notice applies, or
(b) the bringing or prosecuting of any proceedings for an offence under this Act.
(10) In this section—
‘relevant provision’ means—
(a) section 65 or 65A,
(b) a provision of the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 ( S.I. No. 367 of 2013 ),
(c) a provision of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 ( S.I. No. 415 of 2013 ),
(d) a provision of regulations under section 101, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies, or
(e) a provision of regulations under section 101B, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to which paragraph (a)(iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies;
‘specified date’ means, in relation to a compliance notice—
(a) where no appeal against the notice is brought under subsection (5), the date specified in the notice in accordance with subsection (2)(b) or, where applicable, subsection (4)(b), or
(b) where an appeal against the notice is brought under subsection (5) and the District Court confirms the notice in accordance with subsection (7)(a), the day falling immediately after the expiration of the period of 7 days from the date on which the District Court confirms the notice.

Chief inspector may publish information respecting certain persons
78B. (1) The chief inspector shall keep and maintain a list (in this section referred to as the ‘non-compliance list’) of registered providers on whom a fine or other penalty is imposed by a court under section 78A(8).

(2) Subject to subsection (4), the non-compliance list shall specify, in respect of each registered provider listed therein—
(a) the name of the registered provider on whom the fine or other penalty is imposed,
(b) the address of the premises at which the business of the designated centre to which the fine or penalty concerned relates is carried on,
(c) the provision under which the fine or penalty concerned was imposed, and
(d) such particulars as the chief inspector considers appropriate in respect of the matters occasioning the fine or penalty and the amount or nature of that fine or penalty.
(3) The chief inspector may, in any form or manner as the chief inspector considers appropriate, publish or cause to be published all or any part of the non-compliance list.
(4) An entry in the non-compliance list in relation to the imposition of a fine or other penalty shall be deleted not more than 3 years after the date of the imposition of the fine or penalty.”.

Amendment of section 79 of Principal Act
17. Section 79 of the Principal Act is amended—
(a) in subsection (1)(b), by the substitution of “77 or 77B” for “or 77”, and
(b) in subsection (2)—
(i) in paragraph (a), by the substitution of “56(1), 65 or 65A” for “56(1) or 65”, and
(ii) in paragraph (b), by the insertion of “65B” after “(4),”.

Amendment of section 101 of Principal Act
18. Section 101 of the Principal Act is amended, in subsection (3), by the substitution of the following paragraph for paragraph (a):
“(a) may, subject to any regulations made under Part 9 of the Health Act 2004 , require registered providers—
(i) to make adequate arrangements for an accessible and effective procedure for dealing with complaints made by or on behalf of a person who is or was receiving any of the services provided through a designated centre or who is seeking or has sought any such service,
(ii) to nominate a member of staff of a designated centre to be the complaints officer and another member of such staff to be the review officer to investigate and review complaints for the designated centre,
(iii) to ensure that persons employed in the designated centre are appropriately trained on the arrangements for dealing with complaints, and
(iv) to publicise the arrangements for dealing with complaints,”.

Regulations respecting submission of information to chief inspector concerning specified designated centres
19. The Principal Act is amended by the insertion of the following section after section 101A:
“101B. (1) Without limiting the generality of section 98, the Minister may make regulations prescribing—
(a) subject to subsection (3), the information to be submitted under section 65A(1) by the registered provider of a specified designated centre and the frequency at which that information is to be submitted,
(b) the information referred to in paragraph (a) to be provided by the chief inspector under subsection (8) of section 65A to the persons referred to in paragraphs (a) to (d) of that subsection and, for that purpose, different information may be prescribed for different persons or classes of such persons,
(c) the frequency at which information or data derived from that information is to be provided under section 65A(8),
(d) the public bodies (within the meaning of section 65A) to which information or data derived from that information is to be provided under section 65A(8)(d), and
(e) the information referred to in paragraph (a) which may be published under paragraph (a) or (b), or both, of section 65A(10).
(2) The Minister may, under this section, make different regulations for different purposes and for different categories of specified designated centre.
(3) Regulations under subsection (1)(a) may provide for the following:
(a) information in relation to the specified designated centre, including:
(i) the number of beds and the type of accommodation in the designated centre;
(ii) information relating to services offered by the designated centre to residents;
(iii) information relating to charges imposed on residents by the designated centre;
(iv) where a registered provider is a member of a group of companies within the meaning of section 8 of the Companies Act 2014 , information relating to the group;
(v) such other information as the Minister may prescribe;
(b) information in relation to the persons employed in the specified designated centre, including:
(i) the number of persons employed and details of their employment in the designated centre;
(ii) staff turnover;
(iii) demographic information relating to the persons employed;
(iv) the qualifications of, and training undertaken by, the persons employed which relate to their role in the designated centre;
(v) such other information as the Minister may prescribe;
(c) information in relation to the residents of the specified designated centre, including:
(i) the number of residents and their duration of residence;
(ii) demographic information relating to residents;
(iii) the health status and dependency level of residents;
(iv) information relating to the admission of residents to, and the ceasing of their residence in, the designated centre, including the reasons therefor;
(v) such other information as the Minister may prescribe.
(4) In this section, ‘specified designated centre’ has the same meaning as it has in section 65A.”.

PART 3
Amendment of Nursing Homes Support Scheme Act 2009
Definition
20. In this Part, “Act of 2009” means the Nursing Homes Support Scheme Act 2009 .

Amendment of section 14A of Act of 2009
21. Section 14A of the Act of 2009 is amended, in subsection (3)(a)(iii), by the substitution of “a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,” for “a son-in-law or daughter-in-law”.

Amendment of section 14C of Act of 2009
22. Section 14C of the Act of 2009 is amended—
(a) in subsection (3)(b), by the substitution of “section 14A, 14K or 14L” for “section 14A”, and
(b) in subsection (4), by the substitution of the following paragraph for paragraph (f):
“(f) that, in the opinion of the Executive, had a determination under subsection (2)(a) been made (and, accordingly, had section 14I applied), a repayment event would not otherwise have occurred in respect of that person in relation to the particular family asset, and”.

Amendment of section 14D of Act of 2009
23. Section 14D of the Act of 2009 is amended by the insertion of “or 14M(3)” after “under section 14C(2)(a)” in each place where it occurs.

Amendment of section 14F of Act of 2009
24. Section 14F of the Act of 2009 is amended, in subsection (5)(c), by the substitution of “a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,” for “a son-in-law or daughter-in-law”.

Amendment of section 14G of Act of 2009
25. Section 14G of the Act of 2009 is amended—
(a) by the substitution of “14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)” for “14F(8)(b) or 14H(5)(b)” in each place where it occurs,
(b) in subsection (2), by the substitution of the following paragraph for paragraph (b):
“(b) if not so satisfied—
(i) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, make a decision under section 14I(2)(a), or
(ii) in any other case, refuse the application.”,
(c) in subsection (4), by the substitution of the following paragraph for paragraph (g):
“(g) that, in the opinion of the Executive—
(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, or
(ii) where a determination under section 14C(2)(a) has not been made but, had such a determination been made (and, accordingly, had section 14I applied), a repayment event would not have occurred in respect of that person in relation to the particular family asset.”,
(d) by the substitution of the following subsection for subsection (9):
“(9) If a person referred to in subsection (7) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall—
(a) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, make a decision under section 14I(2)(a), or
(b) in any other case, refuse to consider or further consider an application under this section.”,
(e) by the substitution of the following subsection for subsection (10):
“(10) The Executive shall, not later than 10 working days after making a determination or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the determination or decision and the reasons for the determination or decision.”,
(f) by the insertion of the following subsection after subsection (10):
“(10A) Where the Executive refuses under subsection (9)(b) to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the decision and the reasons for the decision.”,
and
(g) in subsection (15)—
(i) in paragraph (a)(iii), by the substitution of “a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,” for “a son-in-law or daughter-in-law”, and
(ii) in paragraph (b), by the substitution of the following subparagraph for subparagraph (iii):
“(iii) the person or one of the persons entitled to succeed to the current family successor’s estate on the death (in this section referred to as the ‘lawful successor’) is—
(I) the partner of the relevant person,
(II) a relative of the relevant person or of the relevant person’s partner,
(III) a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin, of the relevant person or of the relevant person’s partner, or
(IV) the partner of the current family successor,”.
Amendment of section 14H of Act of 2009
26. Section 14H of the Act of 2009 is amended—
(a) by the substitution of “14F(8)(b), 14G(4)(b), 14K(3)(e) or 14L(3)(f)” for “14F(8)(b) or 14G(4)(b)” in each place where it occurs,
(b) in subsection (2)(c), by the substitution of “a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,” for “a son-in-law or daughter-in-law”,
(c) in subsection (3), by the substitution of the following paragraph for paragraph (b):
“(b) if not so satisfied—
(i) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, make a decision under section 14I(2)(a), or
(ii) in any other case, refuse the application.”,
(d) in subsection (5), by the substitution of the following paragraph for paragraph (g):
“(g) that, immediately before the transfer referred to in subsection (2), in the opinion of the Executive—
(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, or
(ii) where a determination under section 14C(2)(a) has not been made but, had such a determination been made (and, accordingly, had section 14I applied), a repayment event would not have occurred in respect of that person in relation to the particular family asset.”,
(e) by the substitution of the following subsection for subsection (11):
“(11) If a person referred to in subsection (9) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall—
(a) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, make a decision under section 14I(2)(a), or
(b) in any other case, refuse to consider or further consider an application under this section.”,
(f) by the substitution of the following subsection for subsection (12):
“(12) The Executive shall, not later than 10 working days after making a determination or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor and the person specified in the application of the determination or decision and the reasons for the determination or decision.”,
and
(g) by the insertion of the following subsection after subsection (12):
“(12A) Where the Executive refuses under subsection (11)(b) to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor and the person specified in the application, of the determination or decision and the reasons for the determination or decision.”.

Amendment of section 14I of Act of 2009
27. Section 14I of the Act of 2009 is amended—
(a) in subsection (1)(d)(i), by the substitution of “14G(2)(b)(i), 14G(9)(a), 14H(3)(b)(i) or 14H(11)(a)” for “14G(2)(b), 14G(9), 14H(3)(b) or 14H(11)”, and
(b) in subsection (7), in the definition of “relevant provision”—
(i) in paragraph (d), by the substitution of “that section,” for “that section;”, and
(ii) by the insertion of the following paragraphs after paragraph (d):
“(e) where the family successor was appointed under section 14K, subsection (3)(e) of that section, or
(f) where the family successor was appointed under section 14L, subsection (3)(f) of that section;”.

Amendment of section 14K of Act of 2009
28. Section 14K of the Act of 2009 is amended, in subsection (3), by the substitution of the following paragraph for paragraph (a):
“(a) that, in the opinion of the Executive—
(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, or
(ii) where a determination under section 14C(2)(a) has not been made but, had such a determination been made (and, accordingly, had section 14I applied), a repayment event would not have occurred in respect of that person in relation to the particular family asset,”.

Amendment of section 14L of Act of 2009
29. Section 14L of the Act of 2009 is amended, in subsection (3)—
(a) by the substitution of the following paragraph for paragraph (a):
“(a) that, in the opinion of the Executive—
(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, or
(ii) where a determination under section 14C(2)(a) has not been made but, had such a determination been made (and, accordingly, had section 14I applied), a repayment event would not have occurred in respect of that person in relation to the particular family asset,”,
and
(b) in paragraph (d)(iii), by the substitution of “a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,” for “a son-in-law or daughter-in-law”.

Amendment of section 14M of Act of 2009
30. Section 14M of the Act of 2009 is amended, in subsection (1)(d)—
(a) in subparagraph (i), by the insertion of “and” after “needs care services,”,
(b) in subparagraph (ii), by the substitution of “the partner.” for “the partner, and”, and
(c) by the deletion of subparagraph (iii).
Amendment of section 24A of Act of 2009
31. Section 24A of the Act of 2009 is amended, in subsection (4)—
(a) by the substitution of the following paragraph for paragraph (a):
“(a) any change in the circumstances of the family successor—
(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), which may result in the occurrence of a repayment event, or
(ii) where a determination under section 14C(2)(a) has not been made, which may result in the occurrence of a repayment event had such a determination been made (and, accordingly, had section 14I applied),”,
(b) by the substitution of the following paragraph for paragraph (b):
“(b) any change affecting the particular family asset in relation to which the family successor was appointed—
(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), which may result in the occurrence of a repayment event, or
(ii) where a determination under section 14C(2)(a) has not been made, which may result in the occurrence of a repayment event had such a determination been made (and, accordingly, had section 14I applied),
or”,
and
(c) in paragraph (c), by the substitution of “14G(4)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)” for “14G(4)(b) or 14H(5)(b)”.

Amendment of section 27A of Act of 2009
32. Section 27A of the Act of 2009 is amended—
(a) in subsection (2)(b), by the substitution of “14G(4)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)” for “14G(4)(b) or 14H(5)(b)”, and
(b) in subsection (7), in the definition of “relevant period”—
(i) in paragraph (c), by the deletion of “or”,
(ii) in paragraph (d), by the substitution of “section,” for “section;”, and
(iii) by the insertion of the following paragraphs after paragraph (d):
“(e) in the case of a family successor appointed under section 14K, the period referred to in subsection (3)(e) of that section, or
(f) in the case of a family successor appointed under section 14L, the period referred to in subsection (3)(f) of that section;”.

Amendment of section 32 of Act of 2009
33. Section 32 of the Act of 2009 is amended, in subsection (1)—
(a) by the insertion of “14G(2)(b)(ii), 14G(9)(b), 14H(3)(b)(ii), 14H(11)(b)” after “14D(2)(a)”, and
(b) in paragraph (b), by the insertion of “14G(10), 14G(10A), 14H(12), 14H(12A)” after “14D(2)(b)”.

PART 4
Amendment of Mental Health Act 2001
Amendment of section 48 of Mental Health Act 2001
34. Section 48 of the Mental Health Act 2001 is amended, in subsection (6), by the substitution of “5 years” for “3 years”.


[13th December, 2017]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title
1. This Act may be cited as the Diplomatic Relations (Miscellaneous Provisions) Act 2017.

Definition
2. In this Act “Act of 1967” means the Diplomatic Relations and Immunities Act 1967 .

Repeal
3. Section 49 of the Act of 1967 is repealed.
PART 2
Amendment of Act of 1967
Amendment of section 39 of Act of 1967
4. Section 39 (amended by section 2 of the Diplomatic Relations and Immunities (Amendment) Act 2006 ) of the Act of 1967 is amended by the insertion of the following definitions:
“ ‘Convention on the Privileges and Immunities of the United Nations’ means the General Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on the 13th day of February, 1946, as set out in the Third Schedule to this Act;
‘Convention on the Privileges and Immunities of the Specialised Agencies’ means the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted by the General Assembly of the United Nations on the 21st day of November, 1947, and the Annexes thereto, as set out in the Fourth Schedule to this Act and any annex thereto standing specified in an order under section 17 of this Act;”.

Amendment of section 40 of Act of 1967
5. Section 40 of the Act of 1967 is amended, in subsection (1) (amended by section 3 of the Diplomatic Relations and Immunities (Amendment) Act 2006 ), by the substitution of “equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act,” for “(other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention)” and the said subsection (1) as so amended is set out in the Table to this section.

TABLE
(1) The Government may by order designate an international organisation, community or body of which the State or the Government is or intends to become a member to be an organisation to which this Part of this Act applies and may, by the order, make provision for the purposes of section 42 of this Act, as respects inviolability, exemptions, facilities, immunities, privileges and rights equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act, in relation to the organisation.

Amendment of section 42A of Act of 1967
6. Section 42A (amended by the Diplomatic Relations and Immunities (Amendment) Act 2006 ) of the Act of 1967 is amended—
(a) in subsection (1) by—
(i) the substitution of “equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act,” for “(other than an inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention)”, and
(ii) by the insertion of “or arrangement” after “international agreement”, and the said subsection (1) as so amended is set out in the Table to this section,
and
(b) the insertion of the following subsection after subsection (1):
“(1A) Where the Government by order under subsection (1) makes provision to enable the International Committee of the Red Cross to enjoy in the State inviolability, exemptions, facilities, immunities, privileges or rights provided for in relation to the International Committee of the Red Cross by an arrangement into which the State or the Government has entered or intends to enter, such an order may include provision for the confidentiality of communications to and from the International Committee of the Red Cross.”.

TABLE
(1) The Government may by order make provision to enable—
(a) international organisations, communities or bodies, their institutions or organs and their property, and
(b) persons,
to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act provided for in relation to them by an international agreement or arrangement to which the State or the Government is or intends to become a party.

Amendment of section 43 of Act of 1967
7. Section 43 of the Act of 1967 is amended, in subsection (1) (amended by section 5 of the Diplomatic Relations and Immunities (Amendment) Act 2006 ), by the substitution of “equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions, or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act” for “(other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention)”, and the said subsection (1) as so amended is set out in the Table to this section.

TABLE
(1) The Government may, as respects an international judicial body or a semi-judicial body established under an agreement to which the State or the Government is or intends to become a party or an arbitration or conciliation board established by or on behalf of or for the purposes of an international organisation to which this Part applies, by order make provision as respects inviolability and exemptions, facilities, immunities, privileges and rights equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions, or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to this Act in relation to judges and registrars of the body, persons engaged in appearing as advocates or witnesses before the body or board or in performing duties assigned to them by the body or board and persons who are parties to a suit before the body or board or apply to the body or board in relation to the commencement of a suit or other proceedings before the body or board and their advisers.

Amendment of section 50 of Act of 1967
8. Section 50 of the Act of 1967 (amended by section 6 of the Diplomatic Relations and Immunities (Amendment) Act 2006 ) is amended by substituting the following subsection for subsection (1):
“(1) Every order under this Part in force immediately before the passing of the Diplomatic Relations (Miscellaneous Provisions) Act 2017 shall have statutory effect as if it were an Act of the Oireachtas.”.

PART 3
Citizenship, Immigration and Employment Matters
Amendment of Irish Nationality and Citizenship Act 1956
9. The Irish Nationality and Citizenship Act 1956 is amended—
(a) in section 6, in subsection (6)(b) (inserted by section 3 (d) of the Irish Nationality and Citizenship Act 2004 ), by the substitution of “a person referred to in section 2(1) or section 2(1A) of the Immigration Act 2004 ” for “entitled to diplomatic immunity in the State”,
(b) in section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004 ), in paragraph (e)(ii) of subsection (2), by the substitution of “a person referred to in section 2(1) or section 2(1A) of the Immigration Act 2004 ” for “entitled to diplomatic immunity in the State”,
(c) in section 7 (amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) by the insertion of the following after subsection (3):
“(3A) A person to whom paragraph (b) of subsection (3) applies shall be deemed to have been born on the island of Ireland for the purposes of that subsection.”,
and
(d) in section 16A, by the insertion of the following subsection after subsection (3):
“(4) Where a person referred to in section 2 (1) or 2(1A) of the Immigration Act 2004 is resident in the State, such residence shall not be reckonable as a period of residence in the State for the purposes of granting a certificate of naturalisation.”.

Amendment of Immigration Act 2004
10. Section 2 of the Immigration Act 2004 is amended by the insertion of the following subsection after subsection (1):
“(1A) Without prejudice to the generality of subsection (1), this Act shall not apply to the following persons:
(a) a member of the mission as defined in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of such a member,
(b) a private servant as defined in Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of a private servant,
(c) a member of the consular post where that post is headed by a career consular officer, as defined in Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of such a member,
(d) a member of the private staff as defined in Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, as set out in the Second Schedule to the Diplomatic Relations and Immunities Act 1967 , and a person who is a member of the family and forms part of the household of such a member,
(e) a preclearance officer as defined in section 1 of the Aviation (Preclearance) Act 2009 and a dependant of a preclearance officer, and
(f) an official of an international organisation, community or body assigned to official duty in the State and a person who is a member of the family and forms part of the household of such an official,
where that person has been duly notified to, and that notification has not been objected to by, the Minister for Foreign Affairs and Trade.”.

Amendment of Employment Permits Act 2003
11. Section 2 of the Employment Permits Act 2003 is amended—
(a) in subsection (10B) (amended by section 3 (f) of the Employment Permits (Amendment) Act 2014 )—
(i) in paragraph (b), by substituting “in the State, or” for “in the State.”, and
(ii) by the insertion of the following paragraph after paragraph (b):
“(c) where the Minister for Foreign Affairs and Trade has certified in writing that the foreign national referred to in paragraph (a) is a member of the family of an assigned person forming part of his or her household, and that the assigned person is a national of another Member State, a Member State of the E.E.A. or the Swiss Confederation.”,
(b) in subsection (15) (amended by section 3 (g) of the Employment Permits (Amendment) Act 2014 ) by inserting the following definition:
“ ‘Member State of the E.E.A.’ means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being;”.


[Preamble.]
[S. 1 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Parliamentary agent, attorney, or solicitor, not to sue for costs in relation to any private bill in the House of Commons until one month after delivery of his bill.  2. No parliamentary agent or solicitor, nor any executor, administrator, or assignee of any parliamentary agent or solicitor, shall commence or maintain any action or suit for the recovery of any costs, charges, or expences in respect of any proceedings in the House of Commons in any future session of Parliament relating to any petition for a private bill, or private bill, or in respect of complying with the standing orders of the said House relative thereto, or in preparing, bringing in, and carrying the same through, or opposing the same in, the House of Commons, until the expiration of one month after such parliamentary agent or solicitor, or executor, administrator, or assignee of such parliamentary agent or solicitor, has delivered unto the party to be charged therewith, or sent by post to or left for him at his counting-house, office of business, dwelling house, or last known place of abode, a bill of such costs, charges, and expences, and which bill shall either be subscribed with the proper hand of such parliamentary agent or solicitor, or in the case of a partnership by any of the partners, either with his own name or with the name of such partnership, or of the executor, administrator, or assignee of such parliamentary agent or solicitor, or be enclosed in or accompanied by a letter subscribed in like manner referring to such bill: Provided always, that it shall not in any case be necessary, in the first instance, for such parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, in proving a compliance with this Act, to prove the contents of the bill delivered, sent, or left by him, but it shall be sufficient to prove that a bill of costs, charges, and expences, subscribed in manner aforesaid, or inclosed in or accompanied by such letter as aforesaid, was delivered, sent, or left, in manner aforesaid; but nevertheless it shall be competent for the other party to show that the bill so delivered, sent, or left was not such a bill as constituted a bonâ fide compliance with this Act: Provided also, that it shall be lawful for any judge of the superior courts of law or equity in England or Ireland, or of the Court of Session in Scotland, to authorize a parliamentary agent or solicitor to commence an action or suit for the recovery of his costs, charges, and expences against the party chargeable therewith, although one month has not expired from the delivery of a bill as aforesaid, on proof to the satisfaction of the said judge that there is probable cause for believing that such party is about to quit that part of the United Kingdom in which such judge hath jurisdiction.

Proof of delivery of bill sufficient, without proof of contens.

Judge may authorize action before expiration of one month.
Taxing officer to be appointed by the Speaker.                                                                                3. The Speaker of the House of Commons shall appoint a fit person to be the taxing officer of the House of Commons, and every person so appointed shall hold his office during the pleasure of the Speaker, and shall execute the duties of his office conformably to such directions as he may from time to time receive from the Speaker.

The Speaker to prepare list of charges henceforth to be allowed.                                                                                4. The Speaker may from time to time prepare a list of such charges as it shall appear to him that, after the present session of Parliament, parliamentary agents, solicitors, and others may justly make with reference to the several matters comprised in such list; and the several charges therein specified shall be the utmost charges thenceforth to be allowed upon the taxation of any such bill of costs, charges, and expences in respect of the several matters therein specified: Provided always, that the said taxing officer may allow all fair and reasonable costs, charges, and expences in respect of any matters not included in such list.

Taxing officer may examine parties and witnesses on oath, &c.                                                                                5. For the purpose of any such taxation the said taxing officer may examine upon oath any party to such taxation, and any witnesses who may be examined in relation thereto, and may receive affidavits, sworn before him or before any master or master extraordinary of the High Court of Chancery, relative to such costs, charges, or expences; and any person who on such examination on oath, or in any such affidavit, shall wilfully or corruptly give false evidence shall be liable to the penalties of wilful and corrupt perjury.

Taxing officer may call for books and papers.                                                                                6. The said taxing officer shall be empowered to call for the production of any books or writings in the hands of any party to such taxation relating to the matters of such taxation: Provided always, that nothing herein contained shall be construed to authorize such taxing officer to determine the amount of fees which may have been payable to the House of Commons in respect of the proceedings upon any private bill.

Fees to be taken by taxing officer.                                                                                7. It shall be lawful for the said taxing officer to demand and receive for any such taxation such fees as the House of Commons may from time to time by any standing order authorize and direct, and to charge the said fees, and also to award costs of such taxation, against either party to such taxation, or in such proportion against each party as he may think fit, and he shall pay and apply the fees so received by him in such manner as shall be directed by any such standing order as aforesaid.

On application, taxing officer to tax the bill.                                                                                8. If any person upon whom any demand shall be made by any parliamentary agent or solicitor, or executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, for any costs, charges, or expences in respect of any proceedings in the House of Commons in any future session of Parliament relating to any petition for a private bill, or private bill, or in respect of complying with the standing orders of the said House relative thereto, or in preparing, bringing in, or carrying the same through, or in opposing the same in, the House of Commons, or it any parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, who shall be aggrieved by the nonpayment of any costs, charges, and expences incurred or charged by him in respect of any such proceedings as aforesaid, shall make application to the said taxing officer at his office for the taxation of such costs, charges, and expences, the said taxing officer, on receiving a true copy of the bill of such costs, charges, and expences which shall have been duly delivered as aforesaid to the party charged therewith, shall in due course proceed to tax and settle the same; and upon every such taxation, if either the parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent, or solicitor, or other person, by whom such demand shall be made as aforesaid, or the party charged with such bill of costs, charges, and expences having due notice, shall refuse or neglect to attend such taxation, the said taxing officer may proceed to tax and settle such bill and demand ex parte; and if pending such taxation any action or other proceeding shall be commenced for the recovery of such bill of costs, charges, and expences, the court or judge before whom the same shall be brought shall stay all proceedings thereon until the amount of such bill shall have been duly certified by the Speaker as herein-after provided: Provided always, that no such application shall be entertained by the said taxing officer if made by the party charged with such bill after a verdict shall have been obtained or a writ of inquiry executed in any action for the recovery of the demand of any such parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, or after the expiration of six months after such bill shall have been delivered, sent, or left as aforesaid: Provided also, that if any such application shall be made after the expiration of six months as aforesaid, it shall be lawful for the Speaker, if he shall so think fit, on receiving a report of special circumstances from the said taxing officer, to direct such bill to be taxed.

Taxing officer’s report, and certificate of the Speaker.                                                                                9. The said taxing officer shall, if required by either party report his taxation to the Speaker, and in such report shall state the amount fairly chargeable in respect of such costs, charges, and expences, together with the amount of costs and fees payable in respect of such taxation as aforesaid; and within twenty-one clear days after any such report shall have been made either party may deposit in the office of the said taxing officer a memorial, addressed to the Speaker, complaining of such report or any part thereof, and the Speaker may, if he shall so think fit, refer the same, together with such report, to the said taxing officer, and may require a further report in relation thereto, and on receiving such further report may direct the said taxing officer, if necessary, to amend his report; and if no such memorial be deposited as aforesaid, or so soon as the matters complained of in any such memorial shall have been finally disposed of, the Speaker shall, upon application made to him, deliver to the party concerned therein, and requiring the same, a certificate of the amount so ascertained, which certificate shall be binding and conclusive on the parties as to the matters comprised in such taxation, and as to the amount of such costs, charges, and expences, and of the costs and fees payable in respect of such taxation, in all proceedings at law or in equity or otherwise; and in any action or other proceeding brought for the recovery of the amount so certified such certificate shall have the effect of a warrant of attorney to confess judgment; and the court in which such action shall be commenced, or any judge thereof, shall, on production of such certificate, order judgment to be entered up for the sum specified in such certificate, in like manner as if the defendant in any such action had signed a warrant to confess judgment in such action to that amount: Provided always, that if such defendant shall have pleaded that he is not liable to the payment of such costs, charges, and expences, such certificate shall be conclusive only as to the amount thereof which shall be payable by such defendant in case the plaintiff shall in such action recover the same.

Construction of certain words in this Act.                                                                                10. In the construction of this Act the word “month” shall be taken to mean a calendar month; and every word importing the singular number only shall extend and be applied to several persons, matters, or things, as well as one person, matter, or thing, and every word importing the plural number shall extend and be applied to one person, matter, or thing, as well as several persons, matters, or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and the word “person” shall extend to any body politic, corporate, or collegiate municipal, civil, or ecclesiastical, aggregate or sole, as well as an individual; and the word “oath” shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other person allowed by law to make a declaration instead of taking an oath; unless in any of the cases aforesaid it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.

Short title.                                                                                11. In citing this Act in other Acts of Parliament, and in legal and other instruments, it shall be sufficient to use the expression “The House of Commons Costs Taxation Act, 1847.”

[S.& 12 rep. 38 & 39 Vict. c. 66.(S.L.R.)]
[1 Short title, “The House of Commons Costs Taxation Act, 1847.” See s. 11.]


Whereas with a view to the revision of the statute law and particularly to make the revised edition of the statutes already published applicable to Ireland, it is expedient that certain enactments (mentioned in the schedule to this Act) passed in the Parliament of England, and which by an Act passed in the Parliament of Ireland in the tenth year of the reign of King Henry the Seventh, intituled “An Act confirming all the Statutes made in England,” were declared to be good and effectual in the law, and to be accepted, used, and executed within the said land of Ireland, but which have ceased to be in force otherwise than by express and specific repeal, or have, by lapse of time and change of circumstances, become unnecessary, should be expressly and specifically repealed :
Enactments in schedule repealed.  1. The enactments described in the schedule to this Act are hereby repealed, subject to the exceptions in the schedule mentioned :
Saving.
Provided, that where any enactment not comprised in the schedule has been confirmed, revived, or perpetuated, by any enactment hereby repealed, such confirmation, revivor, or perpetuation shall not be affected by such repeal;
and the repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated, or referred to;
and this Act shall not affect the validity or invalidity of anything already done or suffered,—or any right or title already acquired or accrued, or any remedy or proceeding in respect thereof,—or the proof of any past act or thing ;
nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, office, or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognized, or derived by, in, or from any enactment hereby repealed;
nor shall this Act revive or restore any jurisdiction, office, duty, franchise, liberty custom, privilege, restriction, exemption, usage, or practice, not now existing or in force.

Extent of Act.                    2. This Act shall extend to Ireland only.

Short title.                      3. This Act may be cited as “The Statute Law (Ireland) Revision Act, 1872.”

[Sched. sets out enactments repealed.]


[Preamble.]
On what gauge railways for conveyance of passengers shall be made.                                                                         [1.] It shall not be lawful (except as herein-after excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: Provided always, that nothing herein-before contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this Act on any gauge other than those herein-before specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within the limits of deviation authorized by the several Acts under the authority of which such railways are severally constructed.

Proviso as to railways already constructed.
Exception of certain railways.                                                                                2. Nothing herein-before contained shall apply to any railway constructed or to be constructed under the provisions of any present or future Act containing any special enactment defining the gauge or gauges of such railway, or any part thereof, . . .

[S. 3 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Gauge of passenger railways.                                                                                4. It shall not be lawful to alter the gauge of any railway used for the conveyance of passengers.

[S. 5 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Penalty on company constructing railways for conveyance of passengers contrary to this Act, or having control of railways so constructed.  6. If any railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act, the company authorized to construct the railway, or, in the case of any demise or lease of such railway, the company for the time being having the control of the works of such railway, shall forfeit ten pounds for every mile of such railway which shall be so unlawfully constructed or altered, during every day that the same shall continue so unlawfully constructed or altered; and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile.

Railways constructed or altered contrary to this Act may be abated or removed.                                                             7. Over and above the penalty herein-before provided, if any railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act, it shall be lawful for the commissioners of her Majesty’s woods, forests, land revenues, works, and buildings, or for the lords of the committee of her Majesty’s privy council for trade and foreign plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this Act, and to restore the site thereof to its former condition.

Recovery of penalties.                                                                                8. All penalties under this Act may be recovered from the company liable to pay and make good the same, as, under the provisions of the Railways Clauses Consolidation Act, 1845 , a penalty for any infringement of the last-recited Act is recoverable against a company authorized to construct a railway.

8 & 9 Vict. c. 20.
[S. 9 rep. 38 & 39 Vict. c. 66. (S.L.R.)]