[29 th December, 2015]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act “Principal Act” means the Planning and Development Act 2000 .

Amendment of section 28 (Ministerial guidelines) of Principal Act
2. Section 28 of the Principal Act is amended by inserting the following after subsection (1B):
“(1C) Guidelines to which subsection (1) relates may contain specific planning policy requirements that, notwithstanding subsection (1), are required to be applied by planning authorities and the Board in the performance of their functions.”.

Amendment of section 34 (permission for development) of Principal Act
3. Section 34 of the Principal Act is amended—
(a) in subsection (2)(a) by inserting the following after subparagraph (i):
“(ia) any guidelines issued by the Minister under section 28,”,
(b) in subsection (2) by inserting the following after paragraph (a):
“(aa) When making its decision in relation to an application under this section, the planning authority shall apply, where relevant, specific planning policy requirements of guidelines issued by the Minister under section 28.”,
(c) in subsection (2) by inserting the following after paragraph (b):
“(ba) Where specific planning policy requirements of guidelines referred to in subsection (2)(aa) differ from the provisions of the development plan of a planning authority, then those requirements shall, to the extent that they so differ, apply instead of the provisions of the development plan.”,
(d) in subsection (2) by inserting the following after paragraph (c):
“(d) In this subsection ‘specific planning policy requirements’ means such policy requirements identified in guidelines issued by the Minister to support the consistent application of Government or national policy and principles by planning authorities, including the Board, in securing overall proper planning and sustainable development.”,
and
(e) by inserting the following after subsection (3):
“(3A) In determining an application for permission that relates to an existing planning permission for a residential multi-unit development (within the meaning of section 1 of the Multi-Unit Development Act 2011) and where the purpose of the application for permission is to take account of specific planning policy requirements (within the meaning given by subsection (2)(d)) of new or revised guidelines issued by the Minister under section 28 with regard to the previously permitted development, the planning authority concerned or the Board (as the case may be) shall, notwithstanding section 34(2)(a), be restricted in its determination of the application to considering the modifications proposed by the applicant.

(3B) Notwithstanding section 37, no appeal shall be made to the Board in respect of the determination by the planning authority concerned of an application to which subsection (3A) relates unless it would relate to a materially significant change to the approved external appearance of the proposed development.”.

Amendment of section 168 (planning scheme for strategic development zones) of Principal Act
4. Section 168 of the Principal Act is amended by substituting the following for subsection (3A):
“(3A) A screening for appropriate assessment and, if required, an appropriate assessment of a draft planning scheme shall be carried out in accordance with Part XAB.”.

Amendment of section 169 (making of planning scheme) of Principal Act
5. Section 169 of the Principal Act is amended—
(a) in subsection (3)(b) by substituting the following for subparagraph (i):
“(i) list the persons or bodies who made submissions or observations for the purposes of subsections (1) and (2),”,
and
(b) by substituting the following for subsection (7):
“(7) (a) Following consideration of an appeal made under this section, the Board may—
(i) subject to paragraph (b) and (c) and subsection (7A), approve the making of the planning scheme, with or without any modifications, or
(ii) refuse to approve the making of the planning scheme.
(b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (7A), the Board shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned.
(c) If the Board determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply—
(i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC1 on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or
(ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (7A), it shall approve the planning scheme with such modification.
(d) Where the Board approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly.

(7A) (a) Before making a decision under subsection (7)(c)(ii) in respect of a planning scheme, the Board shall—
(i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, and
(ii) for the purpose of so determining, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.
(b) If the Board determines that the making of a modification referred to in subsection (7)(c)(ii) —
(i) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it may approve the planning scheme concerned with the modification, or
(ii) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) 2 or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.
(c) Before making a determination under subsection (7)(c)(ii), the Board shall require the relevant planning authority—
(i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and
(ii) to publish a notice of the proposed modification of the planning scheme concerned in one or more newspapers circulating in that area,
and every such notice shall state—
(I) the reason or reasons for the proposed modification,
(II) that a copy of the proposed modification, along with any assessment undertaken in accordance with paragraph (b)(ii), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and
(III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification,
and the copy of the proposed modification shall be made available for inspection accordingly.

(d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (7A)(b)(ii) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.
(e) A report under paragraph (d) shall—
(i) list the persons or bodies who made submissions or observations for the purposes of paragraph (c)(III),
(ii) summarise the issues raised in the submissions or observations so made,
(iii) include, where and if required for the purposes of subsection (7A)(b)(ii), either or both—
(I) the environmental report and strategic environmental assessment, and
(II) the Natura impact report and appropriate assessment,
of the planning authority, and
(iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(f) Where a report has been submitted to the Board under paragraph (d), the planning authority concerned shall, upon being requested by the Board, provide it with copies of such submissions or observations to which that paragraph relates as are so requested.
(g) The Board shall have regard to any report prepared in accordance with paragraphs (d) and (e), and
(h) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make a modification as referred to in subsection (7)(c)(ii), it shall—
(i) approve the planning scheme with the modification accordingly,
(ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and
(iii) notify any person who made a submission or observation in accordance with paragraph (c)(III) of the determination under subsection (7)(c).”.

Amendment of planning scheme
6. The Principal Act is amended by inserting the following after section 170:
“170A. (1) A planning authority may, on its own behalf where it is promoting a planning scheme, or on behalf of a development agency which is promoting a planning scheme, make an application to the Board to request an amendment under this section to a planning scheme.

(2) Where an application under subsection (1) has been made, the Board shall make a decision, in a manner provided for by this section, as to whether the making of the amendment to which the request relates would constitute the making of a material change to the planning scheme.
(3) (a) Where the amendment satisfies each of the criteria referred to in subparagraphs (i) to (iv) of paragraph (b) and may satisfy the criteria referred to in subparagraph (v) of that paragraph, the Board shall require the planning authority to amend the planning scheme in compliance with the procedure laid down in section 169 and that section shall be construed and have effect accordingly.
(b) The criteria referred to in paragraph (a) are that the amendment to the planning scheme concerned—
(i) would not constitute a change in the overall objectives of the planning scheme concerned,
(ii) would not relate to already developed land in the planning scheme,
(iii) would not significantly increase or decrease the overall floor area or density of proposed development,
(iv) would not adversely affect or diminish the amenity of the area that is the subject of the proposed amendment, and
(v) may be required due to considerations of an infrastructural, commercial or economic nature.
(4) If the Board determines that the making of the amendment to a planning scheme—
(a) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the making of the amendment to the planning scheme and notify the planning authority or each planning authority for the area or areas concerned, of the amendment, or
(b) constitutes the making of a material change but is within the criteria set out in subsection (3)(b), then, subject to subsection (5), it may approve the making of the amendment to the planning scheme with such amendment, or an alternate amendment, being an amendment that would be different from that to which the request relates but would not represent, in the opinion of the Board, a more significant change than that which was proposed.
(5) Before making a determination to which subsection (4)(b) would relate, the Board shall establish whether or not the extent and character—
(a) of the amendment to which subsection (1) relates, and
(b) of any alternative amendment it is considering and to which subsection (4)(b) relates,
are such that, if the amendment were to be made, it would be likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site and, for that purpose, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

(6) If the Board determines that the making of either kind of amendment referred to in subsection (4)(b) —
(a) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, it shall proceed to make a determination under subsection (4)(b), or
(b) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it shall require the planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed amendment or alternative amendment.
(7) Before making a determination to which subsection (4)(b) would relate, the Board shall require the planning authority concerned—
(a) to send notice and copies of the proposed amendment of the planning scheme concerned to the Minister and the prescribed authorities, and
(b) to publish a notice of that proposed amendment in one or more newspapers circulating in the area concerned,
and every such notice shall state—
(i) the reason or reasons for the proposed amendment,
(ii) that a copy of the proposed amendment, along with any assessment undertaken according to subsection (6)(b), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and
(iii) that written submissions or observations with respect to the proposed amendment may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed amendment,
and the copy of the proposed amendment shall be made available for inspection accordingly.

(8) Not later than 8 weeks after giving notice under subsection (7), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (6)(b) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.
(9) A report under subsection (8) shall—
(a) list the persons or bodies who made submissions or observations for the purposes of subsection (7)(iii),
(b) summarise the issues raised in the submissions or observations so made,
(c) include, where and if required for the purposes of subsection (6)(b), either or both—
(i) the environmental report and strategic environmental assessment, and
(ii) the Natura impact report and appropriate assessment,
of the planning authority, and
(d) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(10) The Board shall have regard to any report prepared in accordance with subsections (8) and (9).
(11) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make an amendment of any kind referred to in subsection (4), it shall—
(a) approve the making of an amendment to the planning scheme accordingly,
(b) notify the planning authority or each planning authority for the area or areas concerned of the amendment, and
(c) notify any person who made a submission or observation in accordance subsection (7)(iii) of its determination under subsection (4).
(12) The amendment of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was amended except in accordance with the terms of this Act.
(13) Without prejudice to the generality of subsection (12), sections 40 and 42 shall apply to any permission granted under this Part.”.

Revocation of planning scheme
7. The Principal Act is amended by substituting the following for section 171:
“171. (1) A planning authority may by resolution, with the consent of the relevant development agency, revoke a planning scheme made under this Part.

(2) Notice of the revocation of a planning scheme under this section shall be given in at least one newspaper circulating in the area of the planning authority.
(3) The revocation of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was revoked except in accordance with the terms of this Act.
(4) Without prejudice to the generality of subsection (3), sections 40 and 42 shall apply to any permission granted under this Part.”.

Amendment of Part XAB (appropriate assessment) of Principal Act
8. Part XAB of the Principal Act is amended—
(a) in section 177R(1) by inserting the following after paragraph (b) of the definition of “Land use plan”:
“(ba) an amendment of a planning scheme in respect of all or any part of a strategic development zone,”,
and
(b) in section 177S(2) by inserting the following after paragraph (b):
“(ba) in relation to a proposed amendment of a planning scheme in respect of all or any part of a strategic development zone, the Board,”.

Short title, construction and collective citation
9. (1) This Act may be cited as the Planning and Development (Amendment) Act 2015.
(2) This Act shall be included in the collective citation “Planning and Development Acts 2000 to 2015” and shall be read together as one with those Acts.

1O.J. No. L197, 21.7.2001 p.30
2O.J. No. L197, 21.7.2001 p.30


[9 th March, 2015]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act “Principal Act” means the Garda Síochána Act 2005 .

Amendment of section 67(2)(e) of Principal Act
2. Section 67(2)(e) of the Principal Act is amended by the insertion of “or 102B” after “in accordance with section 102”.

Amendment of section 74(3) of Principal Act
3. Section 74(3) of the Principal Act is amended by the insertion of “or 102B” after “as applied by section 102”.

Amendment of section 84(1) of Principal Act
4. Section 84(1) of the Principal Act is amended by the substitution of “within the period of 12 months” for “within the period of 6 months”.

Amendment of section 98(5) of Principal Act
5. Section 98(5) of the Principal Act is amended by the substitution of the following definition for the definition of “enactment”:
“‘enactment’ means a statute or statutory instrument, whether passed or made before or after the passing of this Act or any portion of such a statute or statutory instrument, but does not include any provision of the Offences against the State Acts 1939 to 1998;”.

Amendment of section 102 of Principal Act
6. Section 102 of the Principal Act is amended—
(a) in subsection (5), by the substitution of “any matter that gives rise to a concern” for “any matter that appears to the Minister to indicate”, and
(b) by the insertion of the following subsection after subsection (5):
“(5A) The Ombudsman Commission may investigate a matter under subsection (4) or (5) even if—
(a) the identity of the member of the Garda Síochána concerned may not be known when the investigation is undertaken, or
(b) the offence or behaviour concerned may also involve or have involved a person who is not a member of the Garda Síochána.”.

Investigation of matters relating to Garda Commissioner by Ombudsman Commission
7. The Principal Act is amended by the insertion of the following section after section 102A (inserted by section 19 of the Protected Disclosures Act 2014 ):
“102B. (1) The Ombudsman Commission may, if it appears to it desirable in the public interest to do so and subject to the consent of the Minister given with the approval of the Government, investigate any matter that gives rise to a concern that the Garda Commissioner may have—
(a) committed an offence, or
(b) behaved in a manner that would constitute serious misconduct.
(2) The Minister may, with the approval of the Government and if he or she considers it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter that gives rise to a concern that the Garda Commissioner may have done anything referred to in subsection (1), and the Commission shall investigate that matter.
(3) The Minister may, with the approval of the Government, for stated reasons refuse to consent to an investigation by the Ombudsman Commission of any matter under subsection (2).
(4) The Ombudsman Commission may, for the purposes of an investigation of a matter under subsection (1) or (2), direct a designated officer of the Commission to investigate the matter under section 98 and, for that purpose, the reference in section 98(1) to section 91(2)(b), 92(c), 94(8)(a) or 94(11)(b) to investigate a complaint shall be read as a reference to this subsection to investigate a matter under subsection (1) or (2), as the case may be.
(5) Sections 95, 96, 99 and 101 shall apply to an investigation under subsection (1) or (2) by the Ombudsman Commission of a matter relating to the conduct of the Garda Commissioner as they apply to a matter that is the subject of a complaint concerning the conduct of a member of the Garda Síochána (other than the Garda Commissioner) with the following and any other necessary modifications:
(a) in section 95, the substitution of the following subsection for subsection (4):
“(4) As soon as practicable after the conclusion of an investigation under this section, the Ombudsman Commission shall report to the Minister on the investigation.”;
(b) in section 101(6), the substitution of “investigation under section 95, it may proceed in accordance with that section” for “investigation under section 94 or 95, it may proceed in accordance with either of those sections as appropriate”.”.

Amendment of section 103 of Principal Act
8. Section 103 of the Principal Act is amended—
(a) in subsection (1)(b) —
(i) in subparagraph (i), by the insertion of “if his or her identity is known” after “the subject matter of the investigation”, and
(ii) in subparagraph (iv), by the substitution of “a sufficient interest in the matter;” for “a sufficient interest in the matter.”,
and
(b) in subsection (1), by the addition of the following paragraph:
“(c) if the investigation is one to which section 102B applies—
(i) the Garda Commissioner,
(ii) the Minister, and
(iii) any other person that the Commission considers has a sufficient interest in the matter.”.

Provision of information to Ombudsman Commission
9. The Principal Act is amended by the insertion of the following section after section 103:
“103A. The Garda Commissioner shall ensure that information to be provided by the Garda Síochána to the Ombudsman Commission for the purposes of an investigation by the Commission of a complaint, or an investigation by the Commission of any matter under section 102 or 102B, is so provided as soon as practicable.”.

Examination of certain practices, policies and procedures of Garda Síochána
10. The Principal Act is amended by the substitution of the following section for section 106:
“106. (1) For the purpose of preventing complaints arising in relation to a practice, policy or procedure of the Garda Síochána or of reducing the incidence of such complaints—
(a) the Ombudsman Commission may, if it considers it appropriate to do so, or
(b) the Commission shall, if so requested by the Minister within such period as he or she may specify in the request,
examine the practice, policy or procedure.
(2) The Ombudsman Commission shall, before an examination of a practice, policy or procedure under subsection (1), inform the Garda Commissioner in writing of—
(a) if appropriate, the nature of a request from the Minister under subsection (1)(b),
(b) the specific practice, policy or procedure to be examined under subsection (1), and
(c) the reasons for the examination.
(3) The Ombudsman Commission shall—
(a) report to the Minister as soon as practicable or, if appropriate, within such period as the Minister specifies in his or her request under subsection (1)(b) on the results of the examination,
(b) include in the report any recommendations of the Commission for achieving the purpose referred to in subsection (1) in relation to the practice, policy or procedure examined, and
(c) provide the Garda Commissioner with a copy of the report.
(4) Subject to subsection (5), the Minister shall cause copies of any reports received by him or her under subsection (3) to be laid before the Houses of the Oireachtas.
(5) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas under subsection (4) any matter which, in his or her opinion—
(a) would be prejudicial to the interests of national security, or
(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.”.

Amendment of section 117(2) of Principal Act
11. Section 117(2) of the Principal Act is amended by the substitution of the following paragraph for paragraph (a):
“(a) in furtherance of its objective to carry out, if it considers it appropriate to do so or at the request of the Minister, inspections or inquiries in relation to any particular aspects of the operation and administration of the Garda Síochána,”.

Amendment of Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993
12. The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 is amended—
(a) in section 1, by the insertion of the following definition:
“ ‘the chairperson of the Garda Síochána Ombudsman Commission’ means the member of the Garda Síochána Ombudsman Commission who is appointed or acting as its chairperson under section 65 of the Garda Síochána Act 2005 ;”,
(b) in section 4(a) —
(i) in subparagraph (i)(I), by the insertion of “or the Garda Síochána Ombudsman Commission” after “by the Garda Síochána”,
(ii) in subparagraph (ii), by the substitution of the following clause for clause (I):
“(I) in the case of a serious offence that is apprehended but has not been committed, investigations are being carried out—
(A) for the purpose of preventing the commission of the offence, by the Garda Síochána or another public authority charged with the prevention of offences of the kind in question, or
(B) for the purpose of enabling the offence to be detected, if it is committed, by the Garda Síochána or the Garda Síochána Ombudsman Commission or another public authority charged with the investigation of offences of the kind in question,”,
(c) in section 6(1)(a), by the substitution of the following subparagraph for subparagraph (i):
“(i) in case the authorisation is for the purpose of criminal investigation, either by—
(I) the Commissioner, or
(II) the chairperson of the Garda Síochána Ombudsman Commission, and”,
(d) in section 7, by the insertion of “, the chairperson of the Garda Síochána Ombudsman Commission” after “the Commissioner”, and
(e) in section 10(2)(d)(i), by the insertion of “or any person engaged by the Garda Síochána Ombudsman Commission under section 74 of the Garda Síochána Act 2005 who is designated by it under section 73 of that Act to perform functions under any provisions of Part 4 of that Act” after “the Garda Síochána”.

Amendment of Criminal Justice (Surveillance) Act 2009
13. The Criminal Justice (Surveillance) Act 2009 is amended—
(a) in section 1—
(i) in the definition of “relevant Minister”, by the substitution of the following paragraph for paragraph (a):
“(a) the Minister—
(i) in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Garda Síochána, and
(ii) in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Ombudsman Commission,”,
(ii) in the definition of “superior officer”, by the insertion of the following paragraph after paragraph (a):
“(aa) in the case of the Ombudsman Commission, a member of the Ombudsman Commission other than its chairperson;”,
(iii) by the insertion of the following definitions:
“ ‘chairperson’, in relation to the Ombudsman Commission, means the member of the Ombudsman Commission who is appointed or acting as its chairperson under section 65 of the Garda Síochána Act 2005 ;
‘designated officer of the Ombudsman Commission’ means—
(a) an officer of the Ombudsman Commission, or
(b) a person engaged by the Ombudsman Commission under section 74 of the Garda Síochána Act 2005 ,
who is designated by the Ombudsman Commission under section 73 of that Act for the purpose of performing functions under any provisions of Part 4 of that Act;
‘member of the Ombudsman Commission’ means a member of the Ombudsman Commission appointed under section 65 of the Garda Síochána Act 2005 ;
‘Ombudsman Commission’ means the Garda Síochána Ombudsman Commission;”,
(b) in section 2—
(i) in subsection (1), by the insertion of “designated officers of the Ombudsman Commission,” after “members of the Garda Síochána,”, and
(ii) in subsection (4)(b), by the insertion of “or designated officers of the Ombudsman Commission” after “members of the Garda Síochána”,
(c) in section 3, by the insertion of “a designated officer of the Ombudsman Commission,” after “A member of the Garda Síochána,”,
(d) in section 4—
(i) in subsection (1), by the insertion of the following subsection after subsection (1):
“(1A) A superior officer of the Ombudsman Commission may apply to a judge for an authorisation where he or she has reasonable grounds for believing that as part of an investigation being conducted by the Ombudsman Commission concerning an arrestable offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence.”,
and
(ii) in subsection (5), by the substitution of “subsection (1), (1A), (2), (3) or (4) ” for “subsection (1), (2), (3) or (4) ”,
(e) in section 5—
(i) in subsection (2)(a), by the substitution of “the requirements specified in subsection (1), (1A), (2) or (3), as the case may be, of section 4” for “the requirements specified in subsection (1), (2) or (3), as the case may be, of section 4”, and
(ii) in subsection (7), by the insertion of “any designated officer of the Ombudsman Commission,” after “any member of the Garda Síochána,”,
(f) in section 7—
(i) in subsection (1), by the insertion of “a designated officer of the Ombudsman Commission,” after “A member of the Garda Síochána,”,
(ii) in subsection (2), by the substitution of “the requirements of subsection (1), (1A), (2) or (3), as the case may be, of section 4” for “the requirements of subsection (1), (2) or (3), as the case may be, of section 4”,
(iii) in subsection (7)(c), by the insertion of “designated officer of the Ombudsman Commission,” after “the member of the Garda Síochána,”, and
(iv) in subsection (12), by the insertion of the following paragraph after paragraph (a):
“(aa) in the case of a designated officer of the Ombudsman Commission, the chairperson of the Ombudsman Commission,”,
(g) in section 8—
(i) in subsection (1), by the insertion of “a designated officer of the Ombudsman Commission,” after “a member of the Garda Síochána,”,
(ii) in subsection (2)(a), by the substitution of “the requirements of subsection (1), (1A), (2) or (3), as the case may be, of section 4” for “the requirements of subsection (1), (2) or (3), as the case may be, of section 4”,
(iii) in subsection (7)(c), by the insertion of “designated officer of the Ombudsman Commission,” after “the member of the Garda Síochána,”, and
(iv) in subsection (10), by the insertion of the following paragraph after paragraph (a):
“(aa) in the case of a designated officer of the Ombudsman Commission, the chairperson of the Ombudsman Commission,”,
(h) in section 11—
(i) in subsection (2), by the insertion of “a person who” before “receives a report under section 7(12) or 8(10)”,
(ii) in subsection (5)(c) —
(I) in subparagraph (i), by the substitution of “the Ombudsman Commission” for “the Garda Síochána Ombudsman Commission”, and
(II) by the insertion of the following subparagraph after subparagraph (i):
“(ia) the Minister, in the case of a contravention by the Ombudsman Commission,”,
and
(iii) in subsection (10), by the insertion of “the Ombudsman Commission,” after “a place under the control of”,
(i) in section 12(5), by the insertion of “the Ombudsman Commission,” after “a place under the control of”,
(j) in section 13(4) —
(i) in paragraph (d)(i) of the definition of “authorised person”, by the insertion of “the chairperson of the Ombudsman Commission,” after “the Commissioner of the Garda Síochána,”, and
(ii) in the definition of “relevant person”—
(I) in paragraph (a), by the insertion of “a designated officer of the Ombudsman Commission,” after “a member of the Garda Síochána,”,
(II) by the insertion of the following paragraph after paragraph (b):
“(ba) an officer of the Ombudsman Commission other than a designated officer of the Ombudsman Commission,”,
and
(III) in paragraph (e), by the insertion of “the Ombudsman Commission,” after “the Garda Síochána,”,
(k) in section 14—
(i) in subsection (4)(a), by the insertion of “designated officer of the Ombudsman Commission,” after “any member of the Garda Síochána,”, and
(ii) in subsection (5), by the insertion of “a designated officer of the Ombudsman Commission,” after “a member of the Garda Síochána,”,
and
(l) in section 15(2)(c), by the insertion of “the Ombudsman Commission,” after “the operations of the Garda Síochána,”.

Short title, collective citations and commencement
14. (1) This Act may be cited as the Garda Síochána (Amendment) Act 2015.
(2) The Garda Síochána Acts 2005 to 2007 and this Act (other than sections 12 and 13 ) may be cited together as the Garda Síochána Acts 2005 to 2015.
(3) The Criminal Justice (Surveillance) Act 2009 and section 13 may be cited together as the Criminal Justice (Surveillance) Acts 2009 and 2015.
(4) This Act shall come into operation on such day or days as the Minister for Justice and Equality may by order 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.


Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Extension of the British Ships (Transfer Restriction) Act, 1915.  1.—(1) The British Ships (Transfer Restriction) Act, 1915 (in this Act referred to as the principal Act), is hereby extended so as to apply to mortgages (including transfers of mortgages) of ships made after the tenth day of August nineteen hundred and sixteen as it applies to transfers of ships, and shall apply to mortgages (including transfers of mortgages) and transfers of ships to foreign controlled companies made after the tenth day of August nineteen hundred and sixteen as it applies to transfers of ships to persons not qualified to own a British ship.

5 Geo. 5. c. 21.
(2) The expression “foreign controlled company” means any corporation—
(a) where the majority of the directors, or persons occupying the position of directors by whatever name called, are not British subjects; or
(b) where the majority of the voting power is in the hands of persons who are not British subjects, or who exercise their voting powers directly or indirectly on behalf of persons who are not British subjects; or
(c) where the control is by any other means whatever in the hands of persons who are not British subjects; or
(d) where the executive is a foreign controlled company, or where the majority of the executive are appointed by a foreign controlled company.

A corporation shall not be deemed to be a British subject for the purposes of this section unless it is established in and subject to the laws of some part of His Majesty’s Dominions or of some British Protectorate, and has its principal place of business therein.

(3) The Board of Trade may require any person who is the owner or mortgagee of a British ship, or who applies to be registered as the owner or mortgagee of a British ship, to furnish to the Board such particulars as appear necessary to the Board for the purpose of ascertaining whether or not that person is, or is a trustee for, or otherwise represents, a foreign controlled company, and, in the case of a corporation, may also require the secretary, or any other officer of the corporation performing the duties of secretary to furnish those particulars.

If any person fails to supply such particulars as it is in his power to give when required, or furnishes particulars which are false in any material particular, he shall be guilty of a misdemeanour.

Forfeiture of a ship in certain circumstances.                    2. Where, after the passing of this Act, any person who is the owner or mortgagee of a British ship ceases to be a British subject or becomes a foreign controlled company, that ship, or, in the case of a mortgagee of a ship, the interest of the mortgagee, shall be subject to forfeiture under Part I. of the Merchant Shipping Act, 1894.

57 & 58 Vict. c. 60.
Interpretation, duration, construction, and short title.          3.—(1) In this Act, unless the context otherwise requires, any reference to a ship shall include a reference to a share in a ship.

(2) The principal Act and this Act shall have effect during the continuance of the present war and a period of three years thereafter, and subsection (2) of section three of the principal Act is hereby extended accordingly.
(3) This Act may be cited as the British Ships (Transfer Restriction) Act, 1916, and shall be read as one with the principal Act, and the principal Act and this Act may be cited together as the British Ships (Transfer Restriction) Acts, 1915 and 1916.


[Preamble recites 29 & 30 Vict. c. 22; 31 & 32 Vict. c. 72; and that it is expedient expressly to repeal the Acts or parts of Acts virtually repealed by those Acts.]

1. [Repeal of Acts in Schedule.]
Provision where taking oath is condition precedent under repealed Act.  . . . . . . . . . . .

(2.) Where by the recited Acts or this Act any person is prevented or relieved from taking any oath or making or subscribing any declaration, the taking, making, or subcribing of which forms a condition precedent or subsequent to the attainment by such person of any office, privilege, exemption, or other benefit, or the due performance of any act, such person shall nevertheless, on complying with the other conditions, if any, attached to the attainment of such office, privilege, exemption, or other benefit or the due performance of such act, be entitled thereto, and be deemed duly to have performed such act, in the same manner as if the condition relating to such oath or declaration, and any directions as to the certificate or registration of the taking of such oath, or making or subscribing such declaration, or otherwise, had been fulfilled and performed.

Persons before whom oaths to be taken.                                  2. Whereas by the Promissory Oaths Act, 1868, it is provided that the oaths of allegiance and judicial oath should be taken by each of certain officers therein mentioned, in manner in which the oaths required to be taken by such officer previously to the passing of that Act would have been taken; and it is desirable, with a view to the revision of the statute law, to define the manner in which such oaths are to be taken: Be it enacted that each such officer shall take the said oaths before such persons as Her Majesty may from time to time appoint; or,
31 & 32 Vict. c. 72.
In England, before the Lord High Chancellor of Great Britain or in the Court of Chancery, Queen's Bench, Common Pleas, or Exchequer, in open court before one or more of the judges of such court, or in open court at the general or quarter sessions of the peace for the county, borough, or place in which the person taking the oaths acts as justice :
In Scotland, in the Court of Session in open court before one or more of the judges of that court, or in open court at the quarter sessions of the peace for the county, borough, or place in which the person taking the oaths acts as justice, or in open court before the court of the sheriff of the county for which the person taking the oaths acts as justice :
In Ireland, before the Lord Chancellor of Ireland, or in the Court of Chancery, Queen's Bench, Common Pleas, or Exchequer, in open court before one or more of the judges of such court, or at the quarter sessions of the peace for the county in which the person taking the oaths acts as justice.

Short title.                                                            3. This Act may be cited as “The Promissory Oaths Act, 1871.”

[Scheds. rep. 46 & 47 Vict. c. 39. (S.L.R.)]
[1 Short title, “The Promissory Oaths Act, 1871.” See s. 3.]


Purchase of bog by Land Commission.             1.—(1) Where any tenants of holdings on an estate have agreed to purchase their holdings, the Land Commission may, if the landlord agrees to sell any bog on the estate, purchase the same for the benefit of any tenants or purchasers of holdings on the estate who have been accustomed to exercise, whether as of right or by permission, any privilege of turbary over any bog on the estate, or for the benefit of any other tenants or purchasers of holdings on such estate and of other inhabitants of the neighbourhood.

(2) The amount of the purchase money and costs shall be defrayed as part of the expenses of the Land Commission, and all sums received by the Land Commission in respect of bogs purchased in pursuance of this section shall, if directed by the Treasury, be applied as an appropriation in aid of money provided by Parliament for the expenses of the Land Commission, and, so far as not so directed, shall be paid into the Exchequer.
(3) The Land Commission, before purchasing any bog, shall be reasonably satisfied that they will ultimately realise by means of the bog an amount sufficient to repay the purchase money with interest at the rate of three and one eighth per centum per annum.

Grant of privilege of turbary.                  2. Where the Land Commission purchase a bog on an estate, and any tenants or purchasers of holdings on the estate have been accustomed, whether as of right or by permission, to exercise any privilege of turbary, the Commission shall grant them that privilege, subject to the provisions herein-after contained as to payment, conditions, and regulations, and, so far as such grants shall not extend, may grant privileges of turbary to the tenants or purchasers of holdings on the estate and to other inhabitants of the neighbourhood, or any of them, and, so far as such grant shall not extend, in every case shall require such payments as the Land Commission consider will, after deducting current expenses, pay off with interest the purchase money and costs of purchase, and may make such conditions and regulations as they think expedient as to the exercise of the privileges granted.

Sale of exhausted bog.                          3. When the bog or any part thereof is exhaused for purposes of turbary the Land Commission may sell the same.

Regulations for exercise of rights of turbary.  4.—(1) Where a holding for the purchase of which an agreement has been entered into by a tenant comprises a bog which is subject to a right of turbary exerciseable by persons other than the purchaser of the holding, the Land Commission on the prescribed application may make regulations for the purpose of securing that the exercise of the right shall not prevent the future reclamation of the bog, and that such persons shall have reasonable facilities for the exercise of the said rights.

(2) Any regulations under this section may provide for the punishment of any breach of them by a fine not exceeding five pounds to be recovered in a court of summary jurisdiction.

Application of Act.                             5. This Act shall apply where holdings have been purchased whether before or after the commencement of this Act, under any of the Land Purchase Acts, or under the Irish Church Act, 1869: Provided that, where a holding subject to a right of turbary has been purchased before the commencement of this Act, the regulations under this section shall be made only on the application of the proprietor of the holding.

32 & 33 Vict. c. 42.
Definitions.                                    6. In this Act—
33 & 34 Vict. c. 46.
44 & 45 Vict. c. 49.
48 & 49 Vict. c. 73.
51 & 52 Vict. c. 49.
(1) “Land Purchase Acts” means the Landlord and Tenant (Ireland) Act, 1870 (Parts II. and III.); the Land Law (Ireland) Act, 1881 (Part V.); the Purchase of Land (Ireland) Act, 1885; the Purchase of Land (Ireland) Amendment Act, 1888, and any Act amending the same.
(2) “Estate” means any lands belonging to one landlord which the Land Commission may declare form a separate estate for the purposes of this Act.
(3) Other expressions have the same meanings respectively as in the Land Purchase Acts.

Short title.                                    7. This Act may be cited as the Turbary (Ireland) Act, 1891.

[1 Short title, “The Turbary (Ireland) Act, 1891,” see s. 7.]


BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Removal of doubts as to validity of conversion of certain friendly societies into companies.  1.—(1) Where a registered society purporting to act under section seventy-one of the Friendly Societies Act, 1896, or any similar enactment repealed by that Act, has, before the passing of this Act, passed a special resolution for converting the society into a company under the Companies (Consolidation) Act, 1908, or any enactment repealed by that Act, and has been registered under any such Act, the validity of the special resolution shall not be questioned on the ground that the objects of the company as set forth in the special resolution extend beyond those authorised by the rules of the society at the date of the passing of the resolution, or that in any other respect the requirements of the said section or enactment have not been complied with; and for removing doubts it is hereby declared that section seventeen of the Companies (Consolidation) Act, 1908, relating to the conclusiveness of certificates of incorporation, shall apply in such a case as well as in all other cases:
59 & 60 Vict. c. 25.
8 Edw. 7. c. 69.
Provided that, where the business carried on by the society before conversion included assurance or insurance business of any description, then, as from the passing of this Act, the objects of the company shall not extend beyond those authorised by the rules of the society at the date of the passing of the special resolution, except so far as may be necessary for giving effect to, and for carrying out any assurances, contracts or policies, made, entered into, or issued before the passing of this Act.

(2) Nothing in this Act shall be construed as prejudicing the right of any such company to alter its memorandum of association with respect to its objects in accordance with the provisions of the Companies (Consolidation) Act, 1908, or as preventing any such company exercising any powers which are merely incidental or ancillary to the principal business carried on by the company.

Short title.                                                                                2. This Act may be cited as the Companies (Converted Societies) Act, 1910.