[29th June, 2022]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act, “Act of 1995” means the Consumer Credit Act 1995 .

Amendment of section 2 of Act of 1995
2. Section 2 of the Act of 1995 is amended, in subsection (1) —
(a) by the deletion of the definitions of “moneylender”, “moneylender’s licence”, “moneylending” and “moneylending agreement”, and
(b) by the insertion of the following definitions:
“‘high cost credit’ means credit supplied by a high cost credit provider to a consumer on foot of a high cost credit agreement;
‘high cost credit agreement’ means a credit agreement into which a high cost credit provider enters, or offers to enter, with a consumer in which one or more of the following apply:
(a) the agreement was concluded away from the business premises of the high cost credit provider or the business premises of the supplier of goods or services under the agreement;
(b) any negotiations for, or in relation to the credit were conducted at a place other than the business premises of the high cost credit provider or the business premises of the supplier of goods or services under the agreement;
(c) repayments under the agreement will, or may, be paid by the consumer to the high cost credit provider or the representative of the high cost credit provider at any place other than the business premises of the high cost credit provider or the business premises of the supplier of goods or services under the agreement;
(d) the total cost of credit to the consumer under the agreement is in excess of an APR of 23 per cent, or such other rate as may be prescribed;
‘high cost credit provider’ means a person who engages in the provision of high cost credit, or who advertises or announces themselves or holds themselves out in any way as engaging in the provision of high cost credit, but does not include—
(a) any pawnbroker in respect of business carried on by the pawnbroker in accordance with the provisions of the Pawnbrokers Act 1964 ,
(b) a society which is registered as a credit union under the Credit Union Act 1997 ,
(c) a registered society within the meaning of the Friendly Societies Acts 1896 to 2021,
(d) a credit institution,
(e) a person who supplies money for the purchase, sale or hire of goods at an APR which is less than or equal to 23 per cent (or such other rate as may be prescribed), or
(f) a mortgage lender;
‘high cost credit provider’s licence’ means a licence granted under section 93;”.

Amendment of section 12 of Act of 1995
3. Section 12 of the Act of 1995 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (c):
“(c) in Part VIII, contravenes section 94A(1), 96, 97, 98(1) or (2), 98A(1), 100, 101, 102, 103(2), 107, 110 or 111, or”.

Amendment of section 28A of Act of 1995
4. Section 28A of the Act of 1995 is amended, in subsection (1), by the substitution of “high cost credit agreement” for “moneylending agreement”.

Amendment of section 92 of Act of 1995
5. Section 92 of the Act of 1995 is amended, in subsection (2), by the insertion of the following definitions:
“‘financial services legislation’ has the same meaning as it has in the Central Bank (Supervision and Enforcement) Act 2013 ;
‘rate of nominal monthly interest’ means the advertised or stated monthly interest rate, without taking into account any fees, but including any compounding of interest applicable;”.

Amendment of section 93 of Act of 1995
6. Section 93 of the Act of 1995 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) The Bank may grant to an applicant a high cost credit provider’s licence authorising the applicant to engage in the provision of high cost credit on such terms and conditions as it thinks fit, but only after considering all objections made in respect of the application under subsection (2).”,
(b) by the substitution of the following subsection for subsection (2):
“(2) A person who intends to apply for a high cost credit provider’s licence shall before making such application cause to be published, in a national newspaper published and circulating in the State, a notice of the person’s intention.”,
(c) by the deletion of subsection (4),
(d) in subsection (5) —
(i) by the substitution of the following paragraph for paragraph (e):
“(e) details of charges not included in the cost of credit;”,
and
(ii) by the deletion of paragraph (g),
(e) by the substitution of the following subsection for subsection (7):
“(7) A high cost credit provider’s licence shall be valid for 5 years from the date of the grant of the licence.”,
(f) in subsection (8) —
(i) by the deletion of paragraph (d), and
(ii) by the substitution of the following paragraph for paragraph (f):
“(f) details of charges not included therein,”,
(g) in subsection (10) —
(i) by the substitution of the following paragraph for paragraph (g):
“(g) in the Bank’s opinion, any of the terms or conditions of the applicant relating to credit are unfair,”,
(ii) by the insertion of the following paragraph after paragraph (g) (as substituted by subparagraph (i)):
“(ga) a proposed total cost of credit is excessive,”,
(iii) in paragraph (h), by the substitution of “previous licence,” for “previous licence.”, and
(iv) by the insertion of the following paragraphs after paragraph (h):
“(i) the applicant has failed to satisfy the Bank that the applicant is, or will be, able to comply with any requirement imposed on the holder of a licence by, or under, this Part or any other provision of financial services legislation,
(j) the applicant has failed to satisfy the Bank that the applicant conducts or will conduct the applicant’s business in such a manner as to ensure the protection of the applicant’s customers, or
(k) the applicant has failed to satisfy the Bank that the applicant complies with any other requirement, compliance with which is considered necessary by the Bank in order to ensure—
(i) the proper and orderly regulation and supervision of the provision of high cost credit, or
(ii) the protection of the applicant’s customers.”,
(h) by the substitution of the following subsection for subsection (11):
“(11) The Bank may—
(a) suspend or revoke a high cost credit provider’s licence, or
(b) vary the terms or conditions of a high cost credit provider’s licence,
where the Bank is satisfied that, since becoming the holder of a high cost credit provider’s licence—
(i) the high cost credit provider, or any business with which the high cost credit provider is connected, has been convicted of an offence for contravening section 98,
(ii) the high cost credit provider has become the holder of a licence referred to in subsection (10)(c),
(iii) the high cost credit provider has failed to comply with any of the terms or conditions of the licence, or
(iv) the high cost credit provider has failed to comply with or is failing to comply with any condition or requirement imposed by, or under, this Act or any other financial services legislation.”,
and
(i) by the insertion of the following subsection after subsection (18):
“(20) For the purposes of subsection (10)(ga), a proposed total cost of credit shall be excessive where the interest rate for a loan to which the total cost of credit relates would exceed—
(a) in the case of a loan (other than a running account)—
(i) the maximum rate of interest standing prescribed under section 98A(2)(a)(i), or
(ii) the maximum rate of interest standing prescribed under section 98A(2)(a)(ii),
and
(b) in the case of a running account, the maximum rate of interest standing prescribed under section 98A(2) (b),
in each case, at the time the application is made.”.
Term of loan under high cost credit agreement
7. The Act of 1995 is amended by the insertion of the following section after section 94:
“94A. (1) Subject to subsection (2), a high cost credit provider shall not grant a loan whose term exceeds 52 weeks.

(2) Subsection (1) shall not apply to—
(a) a loan granted under a high cost credit agreement that is entered into before the date on which the Consumer Credit (Amendment) Act 2022 comes into operation, or
(b) a running account under a high cost credit agreement.”.

Amendment of section 95 of Act of 1995
8. The Act of 1995 is amended by the substitution of the following section for section 95:
“95. A high cost credit provider shall ensure that a high cost credit agreement—
(a) entered into after the date on which the Consumer Credit (Amendment) Act 2022 comes into operation, and
(b) to which the high cost credit provider is a party,
shall contain in a prominent position the words ‘High cost credit agreement’.”.

Maximum interest rates
9. The Act of 1995 is amended by the insertion of the following section after section 98:
“98A. (1) A high cost credit provider shall not charge interest, under a high cost credit agreement, at a rate which exceeds a maximum rate of interest—
(a) prescribed under this section, and
(b) applicable to the agreement.
(2) The Minister shall prescribe the following:
(a) in respect of a loan (other than a running account) under a high cost credit agreement—
(i) the maximum rate of simple interest chargeable per week (being a rate less than or equal to one per cent), and
(ii) the maximum rate of simple interest chargeable per year (being a rate less than or equal to 48 per cent);
(b) in respect of a running account under a high cost credit agreement, the maximum rate of nominal monthly interest chargeable on an outstanding balance (being a rate less than or equal to 2.83 per cent).
(3) A maximum rate of interest prescribed under this section shall apply to a high cost credit agreement entered into—
(a) after the date on which the regulations, by which the rate is prescribed, come into operation, and
(b) on or before the date, if any, on which the regulations next made under this section come into operation.
(4) The Minister shall consult with the Bank before making regulations under this section.
(5) The Minister shall have regard to the following when making regulations under this section:
(a) the impact of the regulations on competition in the high cost credit sector;
(b) the impact of the regulations on the supply of credit in the high cost credit sector;
(c) the average rates of interest offered to customers in the high cost credit sector and any trends in such interest rates;
(d) where setting the proposed rate would reduce the supply of credit in the high cost credit sector, the impact of such a reduction on financial inclusion.
(6) In subsection (5)(d), ‘financial inclusion’ means affordable, timely and adequate access to a range of regulated financial products and services by all segments of society.
(7) The Bank shall, when consulted in accordance with subsection (4), prepare a report assessing the possible effects, on the matters referred to in subsection (5), of the rates proposed to be prescribed by the Minister.
(8) The Bank shall, within 3 years of the coming into operation of the Consumer Credit (Amendment) Act 2022, prepare a report assessing the impact of the rates of interest prescribed under this section on the matters referred to in subsection (5).”.

Amendment of section 100 of Act of 1995
10. Section 100 of the Act of 1995 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) A high cost credit provider shall, in respect of every high cost credit agreement, supply or make available to the borrower, in accordance with subsection (3), on paper or another durable medium, a book or document (in this section referred to as a ‘repayment book’)—
(a) in which to record repayments made under the agreement,
(b) which shall be completed and maintained by the high cost credit provider in accordance with this section, and
(c) which shall be separate from the agreement.”,
(b) in subsection (2)(a)—
(i) by the substitution of the following subparagraph for subparagraph (vii):
“(vii) the rate of interest to be charged (including the APR expressed as € per €100 borrowed) on foot of the credit advanced,”,
and
(ii) by the substitution of the following subparagraph for subparagraph (viii):
“(viii) the total cost of credit—
(I) in euro, and
(II) as a percentage of the amount borrowed,”,
and
(c) by the insertion of the following subsections after subsection (2):
“(3) A high cost credit provider shall, for the purposes of compliance with subsection (1)—
(a) offer to supply or make available the repayment book to the borrower in a choice of paper and at least one other durable medium, and
(b) supply or make available the repayment book to the borrower in the durable medium chosen by the borrower.
(4) In this section, ‘durable medium’ means any medium that enables a person to store information in a way that renders it accessible to the borrower for future reference for a period of time adequate for the purposes of the information and allows the unchanged reproduction of the information.”.

Amendment of section 102 of Act of 1995
11. Section 102 of the Act of 1995 is amended, by the substitution of the following subsection for subsection (1):
“(1) A high cost credit provider shall not make or attempt to make an agreement with a borrower who has borrowed or intends to borrow credit from that high cost credit provider for any—
(a) sum,
(b) account of costs,
(c) charges,
(d) collection charges, or
(e) expenses,
incidental to or relating to the negotiations for, or the granting of, the loan.”.

Repeal of section 103 of Act of 1995
12. Section 103 of the Act of 1995 is repealed.
Provision of information by Bank to Minister
13. The Act of 1995 is amended by the insertion of the following section after section 114:
“114A. (1) Subject to subsection (3), the Minister may, in writing, request the Bank to obtain and publish aggregate information and statistics in relation to the high cost credit sector.

(2) The Bank shall comply with a request from the Minister under subsection (1).
(3) The Minister shall not request the Bank to publish personal data (within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 ) under subsection (1).”.

Transitional provisions
14. The Act of 1995 is amended by the insertion of the following section after section 114A (as inserted by section 13 ):
“Transitional provisions arising from Consumer Credit (Amendment) Act 2022
114B. (1) A reference in a provision specified in subsection (2) to a high cost credit provider’s licence shall include a reference to a licence granted under section 93, as that section stood immediately before the coming into operation of the Act of 2022.

(2) The provisions referred to in subsection (1) are—
(a) subsections (9), (10)(e) and (h), (10A), (11), (12), (14), (16) and (17) of section 93,
(b) section 94,
(c) section 96,
(d) section 97,
(e) section 98,
(f) section 100,
(g) section 108,
(h) section 116,
(i) section 144, and
(j) section 151A.
(3) An application made under section 93, as that section stood immediately before the coming into operation of the Act of 2022, but not determined before such coming into operation, shall be deemed to be an application for a high cost credit provider’s licence under section 93.
(4) A licence granted under section 93, as that section stood immediately before the Act of 2022 came into operation, shall be valid for the period of 12 months commencing on the date specified in the licence and shall expire at the end of that period.
(5) In this section, ‘Act of 2022’ means the Consumer Credit (Amendment) Act 2022.”.

Consequential amendments
15. (1) The Acts specified in Parts 1 to 3 of Schedule 1 are amended to the extent specified in column (3) of each such Part.
(2) The statutory instrument specified in Schedule 2 is amended to the extent specified in column (3) of that Schedule.

Short title and commencement
16. (1) This Act may be cited as the Consumer Credit (Amendment) Act 2022.
(2) This Act shall come into operation on such day as the Minister for Finance may by order appoint.

SCHEDULE 1
Amendment of Certain Enactments
PART 1
Amendment of Act of 1995
(1)   (2)                     (3)
Item  Provision affected      Amendment
[1]   Section 2(1)
[2]   Section 17(1) (c)
[3]   Section 36
[4]   Section 39
[5]   Section 43(6)
[6]   Section 48(2)
[7]   Section 92(1)
[8]   Section 93(3)
[9]   Section 93(5)
[10]  Section 93(6)
[11]  Section 93(8)
[12]  Section 93(9)
[13]  Section 93(10)
[14]  Section 93(10A)(a)
[15]  Section 93(12)
[16]  Section 93(14)
[17]  Section 93(16) (a)
[18]  Section 93(17) (a)
[19]  Section 94
[20]  Section 96
[21]  Section 97(1)
[22]  Section 97(2)
[23]  Section 97(3)
[24]  Section 97(5)
[25]  Section 98
[26]  Section 99
[27]  Section 100(2)
[28]  Section 101
[29]  Section 102(2)
[30]  Section 104
[31]  Section 105(1)
[32]  Section 106(1)
[33]  Section 107(1)
[34]  Section 108(1)
[35]  Section 110
[36]  Section 111
[37]  Section 112
[38]  Section 114
[39]  Section 116
[40]  Section 144(9) (c) (v)
[41]  Section 151A
[42]  Third Schedule
[43]  Sixth Schedule
[44]  Seventh Schedule
PART 2
Amendment of Betting Act 1931
(1)   (2)                 (3)
Item  Provision affected  Amendment
[1]   Section 6(1)(n)
[2]   Section 11(1)(n)
PART 3
Amendment of Taxes Consolidation Act 1997
(1)   (2)                                 (3)
Item  Provision affected                  Amendment
[1]   Schedule 19, Part 2, Item 10(1)(b)
SCHEDULE 2
Amendment of European Union (Consumer Mortgage Credit Agreements) Regulations 2016
Section 15 (2)
(1)   (2)                     (3)
Item  Provision affected      Amendment
[1]   Regulation 31(5)(c)(v)
1 O.J. No. L 119, 4.5.2016, p. 1.


Payment by Parliament of pensions of clerks of the Crown and clerks of the peace.  1. [Recital.] Whenever a special pension is granted under the twenty-fourth section of the County Officers and Courts (Ireland) Act, 1877, to a clerk of the Crown or clerk of the peace for any county or borough, on his retirement from office, and a temporary clerk of the Crown or temporary clerk of the peace is appointed to fill that office,—
40 & 41 Vict. c. 56. s. 24.
It shall be lawful for the Treasury to pay the special pension so granted, until such clerk of the Crown or clerk of the peace shall die, or until the offices of clerk of the Crown and clerk of the peace for that county or borough are united under the provisions of the same Act, whichever shall first happen.

From and after the time when such offices are united, the Treasury shall cease to pay such pension, and such pension shall be thenceforth paid by the grand jury of the county; or, in the case of a borough, by the town council having the fiscal powers of a grand jury.

Any special pension payable by a grand jury or town council under the said Act, or under this Act, shall be presented and paid to the officer to whom such pension is granted, at the same times and in the same manner as the salary of the office was presentable and payable at the time of the passing of the said County Officers and Courts (Ireland) Act, 1877; and in this enactment the term “salary” shall include any payments customarily made by a grand jury or town council to such officer, whether such payments were of a fixed amount and were described as a salary, or not.

Application of Act.                                                                2. This Act shall apply to every special pension granted after the passing of this Act to a clerk of the Crown or clerk of the peace.

. . . . . . . . .
All payments by the Treasury under this Act shall be made out of moneys to be provided by Parliament.

Short title.                                                                       3. This Act may be cited for all purposes as the County Officers and Courts (Ireland) Amendment Act, 1885.


[Recital of 5 Geo. 4, c. 113. s. 2.] And whereas it is expedient that from and after the commencement of this Act the provisions of the said Act herein-before recited shall be deemed to apply to, and extend to render unlawful, and to prohibit, the several Acts, matters, and things therein mentioned when committed by British subjects in foreign countries and settlements not belonging to the British crown, in like manner and to all intents and purposes as if the same were done or committed by such persons within the British dominions, colonies, or settlements; and it is expedient that further provisions should be made for the more effectual suppression of the slave trade, and of certain practices tending to promote and encourage it:
5 Geo. 4 c. 113, and this Act shall apply to all British subjects wherever residing.                                                            [1.] All the provisions of the Slave Trade Act, 1824 , herein-before recited and of this present Act shall be deemed to extend and apply to British subjects wheresoever residing or being, and whether within the dominions of the British crown or of any foreign country; and all the several matters and things prohibited by the Slave Trade Act, 1824 , or by this present Act, when committed by British subjects, whether within the dominions of the British crown or in any foreign country, . . . shall be deemed and taken to be offences committed against the said several Acts respectively, and shall be dealt with and punished accordingly: Provided nevertheless, that nothing herein contained shall repeal or alter any of the provisions of the said Act.

[S. 2 rep. 54 & 55 Vict. c. 67. (S.L.R.) S. 3 rep. 36 & 37 Vict. c. 88 s. 30.]

Evidence may be taken abroad, and transmitted to the Court of Queen’s Bench, on indictments, &c. for offences under recited Acts and this Act.  4. [Recital as to insufficiency of Acts for abolition of slave trade out of the United Kingdom.] In all cases of indictment or information laid or exhibited in the Court of Queen’s Bench for misdemeanors or offences committed against the said Acts or against this present Act in any places out of the United Kingdom, and within any British colony, settlement, plantation, or territory, it shall and may be lawful for her Majesty’s said court, upon motion to be made on behalf of the prosecutor or defendant, to award a writ or writs of mandamus, requiring the chief justice or other chief judicial officer in such colony, settlement, plantation, or territory, who are hereby respectively authorized and required accordingly, to hold a court, with all convenient speed, for the examination of witnesses and receiving other proofs concerning the matters charged in such indictments or informations respectively, and in the meantime to cause public notice to be given of the holding of such courts, and summonses to be issued for the attendances of witnesses and of agents and counsel of the parties; and such examination as aforesaid shall be then and there openly and publicly taken in the said court vivâ voce, upon the respective oaths of the persons examined, and be reduced to writing, and be sent to her Majesty in her Court of Queen’s Bench (in manner set forth and prescribed in the East India Company Act, 1772); and such depositions being duly taken and returned according to the true intent and meaning of this Act, shall be allowed and read, and shall be deemed as good and competent evidence as if such witnesses had been present and sworn and examined vivâ voce at any trial for such misdemeanors and offences as aforesaid in her Majesty’s said Court of Queen’s Bench, any law or usage to the contrary thereof notwithstanding.

13 Geo. 3. c. 63.
[Ss. 5, 6 rep. 54 & 55 Vict. c. 67. (S.L.R.) S. 7 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

[1 Short title, “The Slave Trade Act, 1843.” See 55 & 56 Vict. c. 10.]


[16th December, 2020]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title
1. This Act may be cited as the Finance (Miscellaneous Provisions) Act 2020.

PART 2
Amendment of Credit Union Act 1997
Definition (Part 2)
2. In this Part “Act of 1997” means the Credit Union Act 1997 .

Amendment of section 2 of Act of 1997
3. Section 2 of the Act of 1997 is amended—
(a) in subsection (1)—
(i) in the definition of “special resolution”, by the insertion of “or, subject to the rules of the credit union, by proxy” after “in person”, and
(ii) by the insertion of the following definitions:
“ ‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;
‘interim period’ means—
(a) the period beginning on the date of the passing of the Finance (Miscellaneous Provisions) Act 2020 and ending on 30 April 2021, and
(b) such other period (if any) as may be specified by order under section 3A;”,
(b) by the substitution of the following subsection for subsection (2):
“(2) Any reference in this Act to a member present at a meeting means—
(a) in the case of a member who is not a natural person, being represented at the meeting by a representative, as mentioned in section 82(4), and
(b) in the case of a member who has appointed a proxy under section 82A, being represented at the meeting by such proxy.”,
and
(c) by the insertion of the following subsection after subsection (2) (as amended by paragraph (b)):
“(2A) Any reference in this Act to a member present and voting at a general meeting shall be construed as including a reference to a member in attendance and voting at a general meeting conducted wholly or partly by the use of electronic communications technology (within the meaning of section 78A).”.

Extension of interim period
4. The Act of 1997 is amended by the insertion of the following section after section 3:
“3A. The Government may, at the request of the Minister made after consultation with the Minister for Health, from time to time, by order extend the interim period, either generally or with reference to any particular purpose or provision, for such period as they consider appropriate if they are satisfied that, having regard to—
(a) the threat to public health presented by Covid-19,
(b) the highly contagious nature of that disease,
(c) the need to restrict the movement of persons in order to prevent the spread of the disease among the population and the effect that such restriction may have on travel and meetings, and
(d) the need to mitigate the economic effects arising from Covid-19,
the making of such order is in the public interest.”.
Amendment of section 78 of Act of 1997
5. Section 78 of the Act of 1997 is amended—
(a) in subsection (1), by the substitution of “at a time, at a place in the State (where applicable) and in the manner (where applicable)” for “in the State at a time and place”,
(b) in subsection (2), by the insertion of “and section 78A(2)” after “subsections (3) and (4)”, and
(c) in subsection (3), by the insertion of “or as provided for by section 78A(2), as the case may be,” after “subsections (1) and (2)”.

New sections 78A and 78B inserted into Act of 1997
6. The Act of 1997 is amended by the insertion of the following sections after section 78:
“General meetings during interim period
78A. (1) This section (including any regulations made under section 182(1)(la)) shall apply to the general meetings of a credit union during the interim period only and shall so apply notwithstanding any other provision of this Act or of the rules of the credit union.

(2) The annual general meeting of a credit union for the financial year ended September 2020 may be held at any time during the interim period.
(3) A credit union need not hold a general meeting at a physical venue but may conduct the meeting wholly or partly by the use of electronic communications technology as long as all attendees have a reasonable opportunity to participate in the meeting in accordance with this section.
(4) (a) A credit union may provide for participation in a general meeting by providing or facilitating, for that purpose, the use of electronic communications technology, including a mechanism for casting votes by a member, whether before or during the meeting.
(b) The mechanism referred to in paragraph (a) shall not require the member to be physically present at the general meeting or require the member to appoint a proxy who is to be physically present at the meeting.
(5) The use of electronic communications technology pursuant to subsection (4) may be made subject only to such requirements or restrictions put in place by the credit union as are necessary to ensure the identification of attendees and the security of the electronic communications technology, to the extent that such requirements or restrictions are proportionate to the achievement of those objectives.
(6) A credit union shall inform attendees, before the general meeting concerned, of any requirements or restrictions which it has put in place pursuant to subsection (5).
(7) A credit union that provides for the use of electronic communications technology for participation in a general meeting by an attendee shall endeavour to ensure, as far as practicable, that—
(a) such technology—
(i) provides for the security of any electronic communications by the attendee,
(ii) minimises the risk of data corruption and unauthorised access, and
(iii) provides certainty as to the source of the electronic communications,
(b) in the case of any failure or disruption of such technology, that failure or disruption is remedied as soon as practicable, and
(c) such technology enables the attendee to—
(i) hear what is said by the chair of the meeting and any person introduced by the chair, and
(ii) speak and submit questions and comments during the meeting to the chair to the extent that the attendee is entitled to do so under the rules of the credit union.
(8) Any temporary failure or disruption of electronic communications technology shall not invalidate the general meeting or any proceedings relating to the meeting.
(9) Unless such failure or disruption is attributable to any wilful act of the credit union, a credit union shall not be liable in respect of any failure or disruption relating to the equipment used by an attendee to access a general meeting by electronic communications technology that occurs and which failure or disruption prevents or interferes with the attendee’s participation, by the use of such technology, in the meeting.
(10) Where, in the opinion of the board of directors, it is deemed necessary—
(a) in order to comply with the public health guidance of the Government or regulations made under sections 5 and 31A of the Health Act 1947 in respect of the movement or gathering of persons for the purposes of preventing, limiting, minimising or slowing the spread of Covid-19, the board of directors may, by resolution, at any time up to the end of the day prior to the day on which a general meeting is to be held and in accordance with section 80A—
(i) cancel the meeting,
(ii) change the venue of the meeting, or
(iii) change the means of holding the meeting (including providing for facilitating attendees to participate in such meeting by the use of electronic communications technology),
or
(b) due to exceptional and unexpected circumstances, the board of directors may, by resolution, cancel a general meeting at any time prior to the holding of the meeting.
(11) In this section and sections 78B, 80, 80A and 82—
‘attendee’, in relation to a general meeting of a credit union, means—
(a) a member of the credit union,
(b) a proxy of a member of the credit union appointed under section 82A,
(c) a representative authorised by a member of the credit union in accordance with section 82(4),
(d) the auditor of the credit union,
(e) the Bank by virtue of section 82(1), or
(f) any other person entitled to attend the meeting by virtue of the provisions of this Act or the rules of the credit union;
‘electronic communications technology’, in relation to a general meeting of a credit union, means technology that enables real time transmission and real time two-way audio-visual or audio communication enabling attendees as a whole with a reasonable opportunity to participate in the meeting using such technology from a remote location;
‘electronic platform’, in relation to a general meeting of a credit union, means an electronic system for the delivery of audio-visual or audio communication, including websites, access software and access telephone details or any other electronic technology that delivers such communication;
‘general meeting’, in relation to a credit union, includes a meeting that has been rescheduled.

General meetings (other than during interim period)
78B. (1) This section shall not apply to the holding of general meetings during the interim period to which section 78A applies.

(2) A credit union need not hold a general meeting at a physical venue but may conduct the meeting wholly or partly by the use of electronic communications technology as long as all attendees have a reasonable opportunity to participate in the meeting in accordance with this section.
(3) (a) A credit union may provide for participation in a general meeting by providing or facilitating, for that purpose, the use of electronic communications technology, including a mechanism for casting votes by a member, whether before or during the meeting.
(b) The mechanism referred to in paragraph (a) shall not require the member to be physically present at the general meeting or require the member to appoint a proxy who is to be physically present at the meeting.
(4) The use of electronic communications technology pursuant to subsection (3) may be made subject only to such requirements or restrictions put in place by the credit union as are necessary to ensure the identification of attendees and the security of the electronic communications technology, to the extent that such requirements or restrictions are proportionate to the achievement of those objectives.
(5) A credit union shall inform attendees, before the general meeting concerned, of any requirements or restrictions which it has put in place pursuant to subsection (4).
(6) A credit union that provides for the use of electronic communications technology for participation in a general meeting by an attendee shall endeavour to ensure, as far as practicable, that—
(a) such technology—
(i) provides for the security of any electronic communications by the attendee,
(ii) minimises the risk of data corruption and unauthorised access, and
(iii) provides certainty as to the source of the electronic communications,
(b) in the case of any failure or disruption of such technology, that failure or disruption is remedied as soon as practicable, and
(c) such technology enables the attendee to—
(i) hear what is said by the chair of the meeting and any person introduced by the chair, and
(ii) speak and submit questions and comments during the meeting to the chair to the extent that the attendee is entitled to do so under the rules of the credit union.
(7) Any temporary failure or disruption of electronic communications technology shall not invalidate the general meeting or any proceedings relating to the meeting.
(8) Unless such failure or disruption is attributable to any wilful act of the credit union, a credit union shall not be liable in respect of any failure or disruption relating to the equipment used by an attendee to access a general meeting by electronic communications technology that occurs and which failure or disruption prevents or interferes with the attendee’s participation, by the use of such technology, in the meeting.
(9) Where, in the opinion of the board of directors, it is deemed necessary, due to exceptional and unexpected circumstances, the board of directors may, by resolution, cancel a general meeting at any time prior to the holding of the meeting.”.

Amendment of section 80 of Act of 1997
7. Section 80 of the Act of 1997 is amended—
(a) in subsection (2)—
(i) by the substitution of the following paragraph for paragraph (a):
“(a) shall state the date, time, place (where applicable) and manner of holding (where applicable) of the general meeting;”,
(ii) in paragraph (c), by the substitution of “;” for “; and”,
(iii) in paragraph (d), by the substitution of “union, and” for “union.”, and
(iv) by the insertion of the following paragraph after paragraph (d):
“(e) shall, in the case of a general meeting proposed to be held wholly or partly by the use of electronic communications technology, state—
(i) the electronic platform to be used for the meeting,
(ii) details for access to the electronic platform,
(iii) where required by a credit union, the time and manner by which an attendee must confirm his or her intention to attend the meeting,
(iv) any requirements or restrictions which the credit union has put in place in order to identify attendees who intend to attend the meeting,
(v) the procedure for attendees to communicate questions and comments during the meeting, and
(vi) the procedure to be adopted for voting on resolutions proposed to be passed at the meeting.”,
and
(b) in subsection (4), by the insertion of “and containing such information” after “in such form”.

Notice of rescheduled general meeting
8. The Act of 1997 is amended by the insertion of the following section after section 80:
“80A. (1) Notwithstanding section 80 but subject to subsection (2), notice for the purposes of section 78A(10) or 78B(9), as the case may be, shall be given in the same manner as the notice for the general meeting referred to in section 80 but where, in the opinion of the board of directors, giving such notice in that manner is not reasonably practicable, notice shall be given—
(a) where the credit union has a website, on that website,
(b) by email to every member for whom the credit union has an email address, and
(c) in at least one national newspaper published in the State and circulating in the area in which the registered office of the credit union is situated.
(2) Subsection (1) shall not apply where all members agree in writing to the cancellation, change of venue or change of means of holding the general meeting concerned, or to dispensing with notice for the general meeting.”.

Amendment of section 81 of Act of 1997
9. Section 81 of the Act of 1997 is amended in subsection (2)(a) by the substitution of “paragraphs (a), (b), (d) and (e) of subsection (2)” for “paragraphs (a), (b) and (d) of subsection (2)”.

Amendment of section 82 of Act of 1997
10. Section 82 of the Act of 1997 is amended—
(a) by the deletion of subsection (3), and
(b) by the insertion of the following subsection after subsection (5):
“(6) The Minister may, if he or she considers it appropriate, by regulations under section 182, make further provision for all or any of the following in relation to general meetings to be held wholly or partly by the use of electronic communications technology:
(a) the convening and conduct of the meetings;
(b) attendance at the meetings;
(c) access to and participation in the meetings;
(d) such other matters relating to the meetings as he or she considers appropriate for the purposes of section 78A or 78B, as the case may be.”.

Proxies
11. The Act of 1997 is amended by the insertion of the following section after section 82:
“82A. (1) Subject to subsection (3), a credit union may allow in its rules for any member of the credit union entitled to attend and vote at a general meeting of the credit union to be entitled to appoint another person (whether a member or not) as his or her proxy to attend and vote instead of him or her.

(2) A proxy so appointed shall have the same right as the member to speak at the meeting and to vote on a show of hands and on a poll.
(3) Unless the rules of the credit union otherwise provide, a member of a credit union shall not be entitled to appoint more than one proxy to attend on the same occasion.
(4) The instrument appointing a proxy (the ‘instrument of proxy’) shall be in the form provided for in the rules of a credit union and shall be in writing—
(a) under the hand of the appointer or of his or her attorney duly authorised in writing, or
(b) if the appointer is a body corporate, either under seal of the body corporate or under the hand of an officer or attorney of it duly authorised in writing.
(5) The instrument of proxy and the power of attorney or other authority, if any, under which it is signed, or a notarially certified copy of that power or authority, shall be deposited at the registered office of the credit union concerned or at such other place within the State as is specified for that purpose in the notice convening the meeting, and shall be so deposited not later than the time specified in subsection (6).
(6) The time referred to in subsection (5) is—
(a) 48 hours (or such lesser period as the rules of the credit union may provide) before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, or
(b) in the case of a poll, 48 hours (or such lesser period as the rules of the credit union may provide) before the time appointed for the taking of the poll.
(7) The depositing of the instrument of proxy referred to in subsection (5) may, rather than its being effected by sending or delivering the instrument, be effected by communicating the instrument to the credit union by electronic means, and this subsection likewise applies to the depositing of anything else referred to in subsection (5).
(8) If subsection (5) or (6) is not complied with, the instrument of proxy shall not be treated as valid.
(9) Subject to subsection (10), a vote given in accordance with the terms of an instrument of proxy shall be valid notwithstanding the previous death of the appointer or revocation of the proxy or of the authority under which the proxy was executed.
(10) Subsection (9) does not apply if notice in writing of such death or revocation as is mentioned in that subsection is received by the credit union concerned at its registered office before the commencement of the meeting or adjourned meeting at which the proxy is used.
(11) Subject to subsection (12), if, for the purpose of any meeting of a credit union, invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the credit union’s expense to some only of the members entitled to be sent a notice of the meeting and to vote at it by proxy, any officer of the credit union who knowingly and intentionally authorises or permits their issue in that manner shall be guilty of an offence.
(12) An officer shall not be guilty of an offence under subsection (11) by reason only of the issue to a member, at his or her request in writing, of a form of appointment naming the proxy or of a list of persons willing to act as proxy if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy.”.

Amendment of section 92 of Act of 1997
12. Section 92 of the Act of 1997 is amended, in subsection (6)(b), by the substitution of “time, place (where applicable) and manner of holding (where applicable)” for “time and place”.

Amendment of section 182 of Act of 1997
13. Section 182 of the Act of 1997 is amended in subsection (1) by the insertion of the following paragraph after paragraph (l):
“(la) making provision with respect to all or any of the matters provided for in section 82(6);”.

PART 3
Amendment of Fiscal Responsibility Act 2012
Amendment of Schedule to Fiscal Responsibility Act 2012
14. The Schedule to the Fiscal Responsibility Act 2012 is amended in paragraph 2(2) by the substitution of “3 consecutive terms” for “2 consecutive terms”.

PART 4
Amendment of Credit Institutions (Stabilisation) Act 2010
Amendment of section 67 of Credit Institutions (Stabilisation) Act 2010
15. Section 67 of the Credit Institutions (Stabilisation) Act 2010 is amended in subsection (7)—
(a) in paragraph (c), by the deletion of “and”, and
(b) by the insertion of the following paragraph after paragraph (c):
“(ca) the European Union as lender to the State under any loan agreement with the European Union, and”.


[9th November, 2021]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“Act of 1960” means the Defence (Amendment) (No. 2) Act 1960 ;
“Act of 1979” means the Defence (Amendment) (No. 2) Act 1979 ;
“Act of 2006” means the Defence (Amendment) Act 2006 ;
“Principal Act” means the Defence Act 1954 .
Insertion of new section 17A in Principal Act
2. The Principal Act is amended by the insertion of the following section after section 17:
“Operational control
17A. (1) In this section—
‘Act of 2006’ means the Defence (Amendment) Act 2006 ;
‘Force Commander’ means the person commanding an international force;
‘international force’ means an International United Nations Force or any force to which a contingent or a member of the Defence Forces may be assigned to for service outside the State for any purpose specified in section 3 of the Act of 2006;
‘International United Nations Force’ has the same meaning as in the Act of 2006;
‘operational control’ means the authority delegated to a Force Commander in respect of a contingent assigned to him or her so that the Force Commander may—
(a) accomplish certain missions or tasks which are limited by function, time or location,
(b) deploy the contingent, and
(c) retain or assign tactical control of the contingent,
but does not include the authority to assign separate employment of any component of the contingent.

(2) In accordance with this Act, the Minister may delegate to a Force Commander the operational control of a contingent, or member, of the Defence Forces.
(3) A delegation of operational control by the Minister under subsection (2) may be subject to such exceptions and limitations as he or she, having had regard to such requirements as may be necessary for the efficient operation of the mission concerned, may from time to time determine.
(4) A delegation of operational control by the Minister under subsection (2) shall—
(a) be in writing,
(b) be issued to the Force Commander of the mission concerned,
(c) in so far as is necessary for the efficient operation of a mission, provide that each member of the Defence Forces assigned to an international force led by a Force Commander shall comply with every lawful order issued to him or her by a member of the international force in his or her military chain of command, subject to any exclusion as may be specified in the delegation,
(d) in so far as is necessary for the efficient operation of a mission, provide that the military police component of the international force under the authority of the Force Commander may arrest and detain a member of the Defence Forces, provided that such member is handed over as soon as practicable to the contingent commander, or the designated senior officer, of the Defence Forces,
(e) provide that each member of the Defence Forces in respect of whom the delegation is made shall cooperate with the military police component of the international force, and
(f) include any other ancillary provisions as he or she considers necessary for the efficient operation of the mission concerned.”.

Non-enlistment of minors
3. Chapter II of Part IV of the Principal Act is amended—
(a) in section 53—
(i) in subsection (1)(a), by the deletion of “(including a minor)”, and
(ii) in subsection (1)(b) —
(I) by the substitution of “person” for “boy”,
(II) by the insertion of “, prior to its amendment by section 3 of the Defence (Amendment) Act 2021,” after “this section”, and
(III) by the substitution of “he or she attains” for “he attains”,
(b) in section 54, by the deletion of “(including a minor)”,
(c) in section 55—
(i) in subsection (1)(a), by the deletion of “(including a minor)”, and
(ii) in subsection (1)(b) —
(I) by the substitution of “person” for “boy”,
(II) by the insertion of “, prior to its amendment by section 3 of the Defence (Amendment) Act 2021,” after “this section”, and
(III) by the substitution of “he or she attains” for “he attains”,
(d) by the deletion of sections 76 and 77, and
(e) in section 80, by the deletion of “76, 77,”.
Voluntary military service of officer of Reserve Defence Force
4. The Principal Act is amended by the insertion of the following section after section 86:
“Voluntary military service of officer of Reserve Defence Force
86A. (1) An officer of the Reserve Defence Force may notify his or her commanding officer in writing that the officer is available for deployment on supplemental military service, subject to the officer’s consent being given under subsection (7).

(2) A notification under subsection (1) shall specify—
(a) the nature of the supplemental military service to which the officer concerned may consent under subsection (7),
(b) the duration and frequency of the periods of supplemental military service to which the officer concerned may consent under subsection (7), and
(c) the dates from and to which the officer concerned may be available to be deployed on supplemental military service.
(3) An officer of the Reserve Defence Force who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the officer is no longer available for deployment on supplemental military service.
(4) Where the Minister determines that—
(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of an officer of the Reserve Defence Force on supplemental military service, or
(b) it is otherwise in the best interests of the Defence Forces to deploy an officer of the Reserve Defence Force on supplemental military service,
the Minister may approve the deployment of an officer of the Reserve Defence Force on supplemental military service.

(5) An approval under subsection (4) shall specify—
(a) the purpose of the deployment concerned, and
(b) the number of officers to be deployed as part of that deployment.
(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—
(a) the skills or qualifications that an officer is required to have for the purposes of the deployment concerned, and
(b) the duration of that deployment.
(7) Subject to subsection (10), where an officer of the Reserve Defence Force has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the officer may give, the officer’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).
(8) A request of the prescribed military authority under subsection (7) shall—
(a) be in writing, and
(b) specify—
(i) the nature,
(ii) the duration,
(iii) the start date, and
(iv) the end date,
of the supplemental military service concerned.
(9) A consent of an officer of the Reserve Defence Force under subsection (7) shall be given in writing to the prescribed military authority.
(10) The prescribed military authority shall not seek the consent of an officer of the Reserve Defence Force under subsection (7) where the total number of days of military service provided by the officer in a 12 month period would, if the officer were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.
(11) Subject to subsection (12), an officer of the Reserve Defence Force may withdraw a consent given under subsection (7).
(12) An officer of the Reserve Defence Force deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.
(13) Where an officer of the Reserve Defence Force withdraws his or her consent to deployment on supplemental military service—
(a) in a case in which the deployment has not commenced, the officer shall not be deployed on that service, and
(b) in a case in which the deployment has commenced, the officer shall not be liable to continue that service.
(14) An officer of the Reserve Defence Force shall be liable to render supplemental military service only where—
(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and
(b) the officer has given and not withdrawn his or her consent to deployment on that supplemental military service.
(15) The Minister may prescribe a number of days for the purposes of subsection (10).
(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—
(a) the voluntary nature of supplemental military service,
(b) the duration of training which may be required before deployments on supplemental military service,
(c) the operational requirements of the Defence Forces,
(d) the employment and education commitments of officers of the Reserve Defence Force, and
(e) the training requirements of officers of the Reserve Defence Force.
(17) In this section, ‘supplemental military service’ means military service, either within or outside the State, which an officer of the Reserve Defence Force would not be liable to render under other provisions of the Defence Acts 1954 to 2015. ”.

Voluntary military service of reservist
5. The Principal Act is amended by the insertion of the following section after section 91:
“Voluntary military service of reservist
91A. (1) A reservist may notify his or her commanding officer in writing that the reservist is available for deployment on supplemental military service, subject to the reservist’s consent being given under subsection (7).

(2) A notification under subsection (1) shall specify—
(a) the nature of the supplemental military service to which the reservist concerned may consent under subsection (7),
(b) the duration and frequency of the periods of supplemental military service to which the reservist concerned may consent under subsection (7), and
(c) the dates from and to which the reservist concerned may be available to be deployed on supplemental military service.
(3) A reservist who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the reservist is no longer available for deployment on supplemental military service.
(4) Where the Minister determines that—
(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of a reservist on supplemental military service, or
(b) it is otherwise in the best interests of the Defence Forces to deploy a reservist on supplemental military service,
the Minister may approve the deployment of a reservist on supplemental military service.

(5) An approval under subsection (4) shall specify—
(a) the purpose of the deployment concerned, and
(b) the number of reservists to be deployed as part of that deployment.
(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—
(a) the skills or qualifications that a reservist is required to have for the purposes of the deployment concerned, and
(b) the duration of that deployment.
(7) Subject to subsection (10), where a reservist has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the reservist may give, the reservist’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).
(8) A request of the prescribed military authority under subsection (7) shall—
(a) be in writing, and
(b) specify—
(i) the nature,
(ii) the duration,
(iii) the start date, and
(iv) the end date,
of the supplemental military service concerned.
(9) A consent of a reservist under subsection (7) shall be given in writing to the prescribed military authority.
(10) The prescribed military authority shall not seek the consent of a reservist under subsection (7) where the total number of days of supplemental military service provided by the reservist in a 12 month period would, if the reservist were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.
(11) Subject to subsection (12), a reservist may withdraw a consent given under subsection (7).
(12) A reservist deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.
(13) Where a reservist withdraws his or her consent to deployment on supplemental military service—
(a) in a case in which the deployment has not commenced, the reservist shall not be deployed on that service, and
(b) in a case in which the deployment has commenced, the reservist shall not be liable to continue that service.
(14) A reservist shall be liable to render supplemental military service only where—
(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and
(b) the reservist has given and not withdrawn his or her consent to deployment on that supplemental military service.
(15) The Minister may prescribe a number of days for the purposes of subsection (10).
(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—
(a) the voluntary nature of supplemental military service,
(b) the duration of training which may be required before deployments on supplemental military service,
(c) the operational requirements of the Defence Forces,
(d) the employment and education commitments of reservists, and
(e) the requirement of reservists to undergo training under section 92.
(17) In this section, ‘supplemental military service’ means military service, either within or outside the State, which a reservist would not be liable to render under other provisions of the Defence Acts 1954 to 2015. ”.

Attachment of reservist on voluntary military service
6. The Principal Act is amended by the insertion of the following section after section 95:
“Attachment of reservist on voluntary military service
95A. Where a reservist has been deployed on military service under section 91A, that reservist may, during any period of such service, be deployed for service with, or be attached to, any staff, unit or other element of the Defence Forces.”.

Prohibition on political activities when on voluntary military service
7. The Principal Act is amended by the insertion of the following section after section 103:
“Prohibition on political activities when on voluntary military service
103A. A member of the Reserve Defence Force shall not, while deployed on military service under section 86A (in the case of an officer) or section 91A (in the case of a reservist)—
(a) canvass on behalf of, or collect contributions for, any political organisation or society, or
(b) address a meeting of a political organisation or society.”.

Amendment of section 118 of Principal Act (persons subject to military law as officers)

8. Section 118(1) (c) of the Principal Act is amended—
(a) in subparagraph (iii), by the substitution of “in a military hospital, or” for “in a military hospital,”, and
(b) by the insertion of the following subparagraph after subparagraph (iii):
“(iv) he is deployed on military service under section 86A,”.

Amendment of section 119 of Principal Act (persons subject to military law as men)

9. Section 119(b) of the Principal Act is amended—
(a) in subparagraph (vi), by the substitution of “is in uniform, or” for “is in uniform,”, and
(b) by the insertion of the following subparagraph after subparagraph (vi):
“(vii) he is deployed on military service under section 91A,”.

Amendment of section 174(2) of Principal Act (assembly of court of inquiry to deal with absence of man of Reserve Defence Force)

10. Section 174 of the Principal Act is amended, in subsection (2), by the substitution of “by reason of his being called out on permanent service or in aid of the civil power or for annual training or being deployed on military service under section 91A” for “by reason of his being called out on permanent service or in aid of the civil power or for annual training”.

Amendment of section 182(1) and (2) of Principal Act (confession of desertion or fraudulent enlistment)

11. Section 182 of the Principal Act is amended by the substitution of “called out on permanent service or deployed on military service under section 91A” for “called out on permanent service” in each place where it occurs.

Amendment of section 178E of Principal Act (appeal to summary court-martial)

12. Section 178E(3) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):
“(b) within such longer period as the summary court-martial may allow following an application made in that behalf to the summary court-martial before the end of the initial period.”.

Miscellaneous amendments of Principal Act
13. The Principal Act is amended—
(a) by the substitution of the following section for section 74:
“Discharge of reservists in certain public service positions
74. A reservist who is—
(a) elected as a member of either House of the Oireachtas or the European Parliament,
(b) nominated as a member of Seanad Éireann, or
(c) regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy,
shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.”,
and
(b) by the repeal of section 318.
Amendment of section 2 of Act of 1960 (Despatch of contingents of the Permanent Defence Force for service outside the State with International United Nations Forces)

14. Section 2 of the Act of 1960 is amended—
(a) in subsection (1) —
(i) by the substitution of “subject to subsections (2), (3) and (4) ” for “subject to subsections (2) and (3) ”, and
(ii) by the substitution of “Defence Forces” for “Permanent Defence Force” in each place where it occurs,
(b) in subsection (2), by the substitution of “Defence Forces” for “Permanent Defence Force” in each place where it occurs,
(c) in subsection (3), by the substitution of “Defence Forces” for “Permanent Defence Force”, and
(d) by the insertion of the following subsection after subsection (3) :
“(4) A member of the Reserve Defence Force shall not be despatched under subsection (1), (2) or (3) unless that member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act.”.

Amendment of section 4 of Act of 1960 (Amendments of the Principal Act)

15. Section 4 of the Act of 1960 is amended—
(a) in subsection (1), by the substitution of “Defence Forces” for “Permanent Defence Force”, and
(b) in subsection (5), by the substitution of “Defence Forces” for “Permanent Defence Force”.

Amendment of section 4 of Act of 1979 (application of sections 53, 54 and 55 of Principal Act to women)

16. Section 4 of the Act of 1979 is amended by the deletion of “and references in sections 53(1)(b) and 55(1)(b) of that Act to a boy shall be construed as including references to a girl”.

Amendment of section 3 of Act of 2006 (Despatch of contingent or member of the Permanent Defence Force for external service for purposes other than service with International United Nations Force)

17. Section 3 of the Act of 2006 is amended—
(a) in subsection (1), by the substitution of “Subject to subsection (3), a contingent or member of the Defence Forces” for “A contingent or member of the Permanent Defence Force”, and
(b) by the insertion of the following subsection after subsection (2):
“(3) A member of the Reserve Defence Force—
(a) shall not be despatched under subsection (1), unless the member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act, and
(b) shall not be despatched for any purpose specified in paragraph (a) of subsection (1).”.

Short title and commencement
18. (1) This Act may be cited as the Defence (Amendment) Act 2021.
(2) This Act shall come into operation on such day or days as the Minister for Defence 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.


[8th December, 2021]
Be it enacted by the Oireachtas as follows:
Amendment of section 49 of Dublin Police Magistrates Act 1808
1. Section 49 of the Dublin Police Magistrates Act 1808 is amended—
(a) by the substitution of “for every subsequent offence a sum not exceeding” for “for every subsequent offence the sum of”, and
(b) by the deletion of “or, if he or she shall be unable to pay the same, shall be committed to prison, without bail or mainprize, for any time not less than three or more than six calendar months for the first offence, nor less than six nor more than twelve calendar months for every subsequent offence;”.

Amendment of section 40 of Illicit Distillation (Ireland) Act 1831
2. Section 40 of the Illicit Distillation (Ireland) Act 1831 is amended—
(a) by the substitution of “shall impose a penalty not exceeding” for “shall not mitigate the penalty incurred to any less amount than”,
(b) by the substitution of “last convicted:” for “last convicted,”,
(c) by the deletion of “and in default of immediate payment such person shall be committed to the gaol or prison of the county or place for not less than double the period for which such person was committed or liable to be committed on such preceding conviction; and the justice or justices committing any such person convicted of any such subsequent offence shall in the warrant of commitment direct such person to be kept to hard labour, unless it shall be made to appear to such justice or justices that such person had paid at least one half of the penalty adjudged against such person on his previous conviction:”, and
(d) by the deletion of “, nor shall any person be committed in default of payment for any longer period than twelve calendar months”.

Amendment of section 32 of Refreshment Houses (Ireland) Act 1860
3. Section 32 of the Refreshment Houses (Ireland) Act 1860 is amended by the substitution of “pay a sum not exceeding” for “pay the sum of”.

Amendment of section 15 of Firearms Act 1925
4. Section 15 of the Firearms Act 1925 is amended—
(a) in subsection (2)(a), by the deletion of “or, where subsection (8) of this section applies, to that subsection”,
(b) by the deletion of subsections (7) and (8), and
(c) in subsection (9), by the deletion of “or (8)”.
Amendment of Firearms Act 1964
5. The Firearms Act 1964 is amended—
(a) in section 26, by—
(i) the deletion, in subsection (2)(a), of “or, where subsection (8) of this section applies, to that subsection”,
(ii) the deletion of subsections (7) and (8), and
(iii) the deletion, in subsection (10), of “or (8)”,
(b) in section 27, by—
(i) the deletion, in subsection (2)(a), of “or, where subsection (8) of this subsection applies, to that subsection”,
(ii) the deletion of subsections (7) and (8), and
(iii) the deletion, in subsection (9), of “or (8)”,
(c) in section 27A, by—
(i) the deletion, in subsection (2)(a), of “or, where subsection (8) of this section applies, to that subsection”,
(ii) the deletion of subsection (7), and
(iii) the deletion, in subsection (9), of “or (8)”,
and
(d) in section 27B, by—
(i) the deletion, in subsection (2)(a), of “or, where subsection (8) of this section applies, to that subsection”,
(ii) the deletion of subsections (7) and (8), and
(iii) the deletion, in subsection (10), of “or (8)”.
Amendment of section 27 of Misuse of Drugs Act 1977
6. Section 27 of the Misuse of Drugs Act 1977 is amended—
(a) in subsection (3A)(a), by the deletion of “or, where subsection (3F) of this section applies, to that subsection”,
(b) in subsection (3G), by the deletion of “or (3F), as may be appropriate,”, and
(c) in subsection (3J)(b), by the deletion of “or (3F), as may be appropriate,”.

Amendment of section 12A of Firearms and Offensive Weapons Act 1990
7. Section 12A of the Firearms and Offensive Weapons Act 1990 is amended—
(a) in subsection (7)(a), by the deletion of “or, where subsection (13) of this section applies, to that subsection”,
(b) by the deletion of subsections (12) and (13), and
(c) in subsection (14), by the deletion of “or (13)”.
Amendment of section 25 of Criminal Justice Act 2007
8. Section 25 of the Criminal Justice Act 2007 is amended by the deletion of paragraphs (b) to (e) of subsection (2).

Amendment of section 24 of Parole Act 2019
9. Section 24 of the Parole Act 2019 is amended in subsection (12) by the deletion of “or (3F)”.

Retrospective application of certain amendments
10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5 (c) and by section 6 ) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date.
(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Act where final judgment was given before that date in the proceedings in respect of the relevant offence.
(3) In this section “relevant offence” means—
(a) an offence to which section 49 of the Dublin Police Magistrates Act 1808 refers,
(b) a subsequent offence referred to in section 40 of the Illicit Distillation (Ireland) Act 1831 ,
(c) a third offence referred to in section 32 of the Refreshment Houses (Ireland) Act 1860 ,
(d) an offence to which section 15 (8) of the Firearms Act 1925 applied, immediately before its repeal by section 4 (b),
(e) an offence to which section 26 (8), section 27 (8) or section 27B(8) of the Firearms Act 1964 applied, immediately before their repeal by section 5 , or
(f) an offence to which section 12A(13) of the Firearms and Offensive Weapons Act 1990 applied, immediately before its repeal by section 7 (b).

Short title and commencement
11. (1) This Act may be cited as the Criminal Justice (Amendment) Act 2021.
(2) This Act shall come into operation on such day or days as the Minister for Justice 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.


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:
Amendment of 31 & 32 Vict. c. 121, Schedule A.                                                   1.—(1) Schedule A. to the Pharmacy Act, 1868 (which specifies the articles to be deemed poisons within the meaning of that Act), is hereby repealed, and the schedule to this Act shall be substituted therefor.

(2) The schedule to this Act may be amended by adding thereto or removing therefrom any article, or by transferring any article from one part of the schedule to the other in the manner provided by section two of the Pharmacy Act, 1868, for adding to the list of articles deemed to be poisons within the meaning of that Act.

Regulation of sale of certain poisonous substances for agricultural and horticultural purposes.  2.—(1) So much of the Pharmacy Act, 1868, as makes it an offence for any person to sell or keep open shop for the sale of poisons, unless he is a duly registered pharmaceutical chemist or chemist and druggist and conforms to regulations made under section one of that Act, shall not apply in the case of poisonous substances to be used exclusively in agriculture or horticulture for the destruction of insects, fungi, or bacteria, or as sheep dips or weed killers which are poisonous by reason of their containing arsenic, tobacco, or the alkaloids of tobacco, if the person so selling or keeping open shop is duly licensed for the purpose under this section by a local authority, and conforms to any regulations as to the keeping, transporting, and selling of poisons made under this section, but nothing in this section shall exempt any person so licensed from the requirements of any other provision of the Pharmacy Act, 1868, or of the Arsenic Act, 1851, relating to poisons:
4 & 15 Vict. c. 13.
Provided that His Majesty may by Order in Council amend this provision by adding thereto or removing therefrom any poisonous substance, and, upon any such Order being made, this provision shall have effect as if the added poisonous substances were included therein and the removed poisonous substances were excluded therefrom.

(2) Before granting any licence under this section the local authority shall take into consideration whether in the neighbourhood where the applicant for the licence carries on or intends to carry on business the reasonable requirements of the public with respect to the purchase of such poisonous substances as aforesaid are satisfied.
(3) His Majesty may, by Order in Council, make regulations as to—
(a) the granting of licences under this section; and
(b) the duration, renewal, revocation, suspension, extent, and production of such licences; and
(c) the keeping, inspection, and copying of registers of licences; and
(d) the fees to be charged for licences and for inspection and copying of registers; and
(e) the keeping, transporting, and selling of the poisonous substances to which this section applies;
and generally for the purposes of carrying this section into effect.

(4) The local authority for the purposes of this section shall, as respects the area of any municipal borough in England having a population of more than ten thousand according to the last published census for the time being, be the council of that borough, and, as respects the area of any royal, parliamentary, or police burgh in Scotland, be the town council, and, as respects any other place, be the council of the county.
(5) An Order in Council under this section shall be laid before both Houses of Parliament as soon as may be after it is made.

Amendment of 31 & 32 Vict. c. 121. ss. 15 and 16.                                                3.—(1) Any person who, being a duly registered pharmaceutical chemist or chemist and druggist, carries on the business of pharmaceutical chemist or chemist and druggist shall, unless in every premises where the business is carried on the business is bonâ fide conducted by himself or some other duly registered pharmaceutical chemist or chemist and druggist, as the case may be, and unless the name and certificate of qualification of the person by whom the business is so conducted in any premises is conspicuously exhibited in the premises, be guilty of an offence under section fifteen of the Pharmacy Act, 1868.

15 & 16 Vict. c. 56.
(2) The provisions of section sixteen of the Pharmacy Act, 1868, which enable the executor, administrator, or trustee of the estate of a deceased pharmaceutical chemist or chemist and druggist to continue his business so long as such business is bonâ fide conducted by a duly qualified assistant, shall be construed as enabling such executor, administrator, or trustee to carry on the business if and so long only as, in every premises where the business is carried on, the business is bonâ fide conducted by a duly registered pharmaceutical chemist or chemist and druggist, as the case may be, and the name and certificate of qualification of the person by whom the business is so conducted in any premises is conspicuously exhibited in the premises.
(3) A registered chemist or druggist may, notwithstanding anything in section fifteen of the Pharmacy Act, 1868, take, use, or exhibit the name or title of pharmacist.
(4) A body corporate, and in Scotland a firm or partnership, may carry on the business of a pharmaceutical chemist or chemist and druggist—
(a) if the business of the body corporate, firm, or partnership, so far as it relates to the keeping, retailing, and dispensing of poisons, is under the control and management of a superintendent who is a duly registered pharmaceutical chemist or chemist and druggist, whose name has been forwarded to the registrar appointed under the Pharmacy Act, 1852, to be entered by him in a register to be kept for that purpose, and who does not act at the same time in a similar capacity for any other body corporate, firm, or partnership; and
(b) if in every premises where such business as aforesaid is carried on, and is not personally conducted by the superintendent, such business is bonâ fide conducted under the direction of the superintendent by a manager or assistant who is a duly registered pharmaceutical chemist or chemist and druggist, and whose certificate of qualification is conspicuously exhibited in the shop or other place in which he so conducts the business.

A body corporate, and in Scotland a firm or partnership, may use the description of chemist and druggist, or of chemist or of druggist, or of dispensing chemist or druggist, if the foregoing requirements as to the carrying on of the business are observed, and if the superintendent is a member of the board of directors or other governing body of the body corporate, or of the firm or partnership, as the case may be.

Subject as aforesaid, section twelve of the Pharmacy Act, 1852, and sections one and fifteen of the Pharmacy Act, 1868, shall apply to a body corporate, and in Scotland to a firm or partnership, in like manner as they apply to an individual.

Extension of powers of Pharmaceutical Society to make byelaws.                                   4. The power of making byelaws conferred by section two of the Pharmacy Act, 1852, on the council of the Pharmaceutical Society shall be deemed to include the power of making byelaws for all or any of the following purposes (that is to say):—
55 Geo. 3. c. 194.
(a) Requiring persons desirous of presenting themselves for examination by the said society to produce evidence satisfactory to the council of the society that they have received a sufficient preliminary practical training in the subjects of the examination;
(b) Providing for the registration, upon payment of the prescribed fee, as pharmaceutical chemists or chemists and druggists under the Pharmacy Acts, 1852 and 1868, without examination, of any persons holding colonial diplomas or of qualified military dispensers or certified assistants to apothecaries under the Apothecaries Act, 1815, who produce evidence satisfactory to the council of the society that they are persons of sufficient skill and knowledge to be so registered;
(c) Providing for periods of time and courses of study in connexion with the qualifying examination, and dividing such examination into two parts.

Restrictions on sale of certain poisonous substances.                                            5.—(1) It shall not be lawful to sell any substance to which this section applies by retail, unless the box, bottle, vessel, wrapper, or cover in which the substance is contained is distinctly labelled with the name of the substance and the word “Poisonous,” and with the name and address of the seller of the substance, and unless such other regulations as may be prescribed under this section by Order in Council are complied with; and, if any person sells any such substance otherwise than in accordance with the provisions of this section or of any Order in Council made thereunder, he shall, on conviction under the Summary Jurisdiction Acts, be liable for each offence to a fine not exceeding five pounds.

(2) The substances to which this section applies are sulphuric acid, nitric acid, hydrochloric acid, soluble salts of oxalic acid, and such other substances as may for the time being be prescribed by Order in Council under this section.

Application to Ireland.                                                                          6.—(1) The provisions of section two and section five of this Act shall apply to Ireland, with the following modifications:—
38 & 39 Vict. c. 57.
53 & 54 Vict. c. 48.
(a) For the reference to the Pharmacy Act, 1868, there shall be substituted a reference to the Pharmacy Act (Ireland), 1875, and the Pharmacy Act (Ireland) (1875) Amendment Act, 1890, and the reference to regulations made under section one of the first mentioned Act shall not apply;
(b) For references to Orders in Council by His Majesty, or to Orders in Council, there shall be substituted references to Orders in Council by the Lord Lieutenant;
(c) The reference to a duly registered chemist and druggist shall include a reference to a registered druggist.
(2) Save as provided by this section, the foregoing provisions of this Act shall not apply to Ireland.

Continuation of business on death of chemist and druggist or registered druggist in Ireland.     7. Upon the death of any person registered under the Pharmacy Act (Ireland) (1875) Amendment Act, 1890, as a chemist and druggist or registered druggist and actually in business at the time of his death, it shall be lawful for any executor, administrator, or trustee of his estate to continue such business if and so long only as such business is bonâ fide conducted by an assistant being a duly registered pharmaceutical chemist or licentiate apothecary, or duly registered chemist and druggist, or duly registered druggist.

Short title, commencement, and extent.                                                           8. This Act may be cited as the Poisons and Pharmacy Act, 1908, and shall come into operation on the first day of April nineteen hundred and nine.

SCHEDULE.
Part I.
Arsenic, and its medicinal preparations.
Aconite, aconitine, and their preparations.
Alkaloids— all poisonous vegetable alkaloids not specifically named in this schedule, and their salts, and all poisonous derivatives of vegetable alkaloids.

Atropine, and its salts, and their preparations.
Belladonna, and all preparations or admixtures (except belladonna plaisters) containing 0 · 1 or more per cent. of belladonna alkaloids.

Cantharides, and its poisonous derivatives.
Coca, any preparation or admixture of, containing 1 or more per cent. of coca alkaloids.

Corrosive sublimate.
Cyanide of potassium, and all poisonous cyanides and their preparations.

Emetic tartar, and all preparations or admixtures containing 1 or more per cent. of emetic tartar.

Ergot of rye, and preparations of ergots.
Nux vomica, and all preparations or admixtures containing 0·2 or more per cent. of strychnine.

Opium, and all preparations or admixtures containing 1 or more per cent. of morphine.

Picrotoxin.
Prussic acid, and all preparations or admixtures containing 0·1 or more per cent. of prussic acid.

Savin, and its oil, and all preparations or admixtures containing savin or its oil.

Part II.
Almonds, essential oil of (unless deprived of prussic acid).

Antimonial wine.
Cantharides, tincture and all vesicating liquid preparations or admixtures of.

Carbolic acid, and liquid preparations of carbolic acid, and its homologues containing more than 3 per cent. of those substances, except preparations for use as sheep wash or for any other purpose it connection with agriculture or horticulture, contained in a closed vessel distinctly labelled with the word “Poisonous,” the name and address of the seller, and a notice of the special purposes for which the preparations are intended.

Chloral hydrate.
Chloroform, and all preparations or admixtures containing more than 20 per cent. of chloroform.

Coca, any preparation or admixture of, containing more than 0·1 per cent. but less than 1 per cent. of coca alkaloids.

Digitalis.
Mercuric iodide.
Mercuric sulphocyanide.
Oxalic acid.
Poppies, all preparations of, excepting red poppy petals and syrup or red poppies (papaver rhæas).

Precipitate, red, and all oxides of mercury.
Precipitate, white.
Strophanthus.
Sulphonal.
All preparations or admixtures which are not included in Part I. of this schedule, and contain a poison within the meaning of the Pharmacy Acts, except preparations or admixtures the exclusion of which from this schedule is indicated by the words therein relating to carbolic acid, chloroform, and coca, and except such substances as come within the provisions of section five of this Act.