[4th April, 2022]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2022.
(2) This Act comes into operation on such day or days as the Minister for Agriculture, Food and the Marine may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

Definition
2. In this Act, “Act of 2013” means the Animal Health and Welfare Act 2013.

PART 2
Amendment of Act of 2013
Amendment of section 2 of Act of 2013
3. Section 2 of the Act of 2013 is amended in the definition of “animal product” by inserting the following paragraph after paragraph (c):
“(ca) the wool, skin, fur or feathers derived from an animal,”.

Amendment of section 39 of Act of 2013
4. Section 39 of the Act of 2013 is amended in subsections (1) and (2), by inserting “or (2A)” after “52(2)” in each place where it occurs.

Amendment of section 52 of Act of 2013
5. Section 52 of the Act of 2013 is amended by inserting the following subsection after subsection (2):
“(2A) A person who commits an offence under section 71B(2) is liable, on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or to both.”.

Repeal of Part 12 of Act of 2013
6. Part 12 of the Act of 2013 is repealed.
Prohibition on Fur or Skin Farming
7. The Act of 2013 is amended by inserting the following Part before Part 13:
“Part 12A
Prohibition on Fur or Skin Farming
Definitions
71A. (1) In this Part—
‘Act of 1967’ means the Redundancy Payments Act 1967 ;
‘appeal’ means an appeal under section 71J(1);
‘application’ means, except in section 71C, an application under section 71D(1) made, in accordance with this Part and the regulations, by a licensee;
‘determination’ means, in relation to an application, a determination made by an assessor under section 71F(2)(b) in respect of that application;
‘dispose’, in relation to a specified animal, includes killing the animal in such manner as to inflict as little suffering as possible in the circumstances or causing the animal to be so-killed;
‘fur or skin farming’ means the breeding, rearing or keeping of a specified animal solely or primarily for the value of, or the manufacture of products from, its fur or skin;
‘income losses’ means losses of income;
‘licensee’ means a person who immediately before the commencement of this Part held a licence granted under the Musk Rats Act 1933 ;
‘non-income losses’ means losses other than income losses;
‘redundant worker’ means an employee (within the meaning of the Act of 1967) of a licensee who was dismissed, during the period commencing 6 months before, and ending 6 months after, the date of commencement of this Part;
‘regulations’ means regulations made under section 71D;
‘specified animal’ means—
(a) a dog, fox, jackal, wolf and all other members of the Canidae family,
(b) a domestic cat, wild feline and all other members of the Felidae family,
(c) a hare, rabbit and all other members of the Leporidae family,
(d) a mink, weasel, stoat and all other Rodentia,
(e) a raccoon, olingo and all other members of the Procyonidae family,
(f) a civet and all other members of the Viverridae family,
(g) a reptile, and
(h) any other animal or class of animal designated in an order made by the Minister under subsection (2).
(2) The Minister may, by order, designate an animal or class of animal as a specified animal for the purpose of paragraph (h) of the definition ‘specified animal’ in subsection (1).

Prohibition
71B. (1) A person shall not—
(a) engage in fur or skin farming, or
(b) possess or have under his or her control a specified animal for the purpose of—
(i) breeding, rearing or keeping the specified animal for or on behalf of a person who is engaged in the fur or skin farming of the specified animal, or
(ii) selling or supplying the specified animal to another person to be used by the other person for the fur or skin farming of the specified animal.
(2) A person who contravenes subsection (1) commits an offence.

Seizure under section 38 of specified animal: supplementary provisions
71C. (1) Without prejudice to section 23(4), where an authorised officer seizes and detains a specified animal pursuant to section 38(4)(v), the Minister shall, as soon as practicable after the seizure and detention, apply to a judge of the District Court for an order authorising the Minister to dispose of the specified animal and the judge shall, unless there is good reason not to do so, grant the application.

(2) The Minister shall not make an application under subsection (1) unless he or she—
(a) has served a notice on the person who appeared to be in possession or control of the specified animal immediately prior to it being seized and detained, or
(b) if that person cannot be readily identified, placed or cause to be placed the notice on or near the land or premises from which the specified animal was seized and detained.
(3) An order made under subsection (1) shall be expressed and operate to authorise the Minister to dispose of the specified animal in a manner that he or she considers appropriate.

Compensation for licensees under Musk Rats Act 1933
71D. (1) A licensee may, subject to this Part and the regulations, make an application to the Minister for compensation for income losses, non-income losses and costs incurred by the licensee as a direct result of the licensee’s ceasing to carry on the business of the fur farming of mink by reason of the enactment of this Part.

(2) The Minister shall, on application by a licensee to him or her in accordance with subsection (1) and the regulations, pay the licensee such compensation as may be determined in accordance with this Part.
(3) For the purposes of this Part, the Minister may make regulations—
(a) specifying the income losses, non-income losses and costs in respect of which compensation shall be payable,
(b) providing for the basis of valuation for assessing income losses and non-income losses,
(c) providing, in respect of a particular income loss, non-income loss or type of costs—
(i) that a specified amount of compensation shall be payable, or
(ii) the basis on which the amount of compensation payable (which may be subject to a maximum amount) shall be determined,
(d) providing, subject to any conditions set out in the regulations, for the types of costs reasonably incurred for which compensation may be payable, including the following costs:
(i) costs of disposal of breeding mink;
(ii) demolition and clean-up costs in respect of the removal of any buildings, specialised fencing or other structures used for the fur farming of mink that cannot reasonably be used for any other purpose;
(iii) amounts paid by the applicant to any redundant workers in accordance with section 19 of the Act of 1967;
(iv) costs incurred by the applicant for services provided to the applicant—
(I) by a chartered accountant or a public relations professional, or both, for any representations to the Minister made on behalf of the applicant during the 12 month period immediately before the date of enactment of this Part and ending on the date immediately preceding that date in respect of proposals to prohibit the fur farming of mink, and
(II) by a chartered accountant or a valuation professional, or both, in the preparation of the applicant’s application and in providing assistance to the applicant during the course of the assessor’s consideration of the applicant’s application,
(e) authorising the Minister to make, in specified circumstances, an advance payment to an applicant in respect of any particular income loss, non-income loss or type of cost and providing for the manner, including the setting off or recovery of the advance payment against any compensation payments to be made under this Part, in which the advance payment is to be repaid,
(f) subject to section 71E, providing for the manner of appointment of an assessor and the terms and conditions of such an appointment,
(g) specifying the form and content of an application, the documents and other information that are to accompany it and the period within which an application is to be submitted,
(h) specifying the procedures to be followed by the assessor in his or her consideration of an application, and
(i) providing for any other related matters including such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

Appointment of assessor
71E. (1) The Minister may, in accordance with the regulations, where applicable, appoint a person (in this Part referred to as an ‘assessor’) who, in the opinion of the Minister, possesses the appropriate level of skill, knowledge and qualifications to perform the functions of an assessor under this Part, to be an assessor.

(2) Subject to this Part, an assessor shall be independent in the performance of his or her functions.
(3) An assessor may engage one or more persons to assist him or her in the performance of his or her functions.
(4) An assessor and any persons engaged by him or her under subsection (3) shall be paid such fees and expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

Assignment of application to assessor
71F. (1) The Minister, upon receipt on an application, shall—
(a) assign an assessor to consider the application in accordance with subsection (2), and
(b) transmit the application and any documents required to be submitted with it to the assessor.
(2) The assessor to whom an application is assigned under subsection (1) shall, in accordance with this Part and the regulations—
(a) examine the application and any information or documents transmitted to him or her under subsection (1) or provided by the applicant in compliance with section 71G, and
(b) determine the amount of compensation payable to the applicant.

Assessor may require or seek further information or documents
71G. (1) For the purpose of performing his or her functions under this Part in relation to an application, the assessor may, by notice in writing, require an applicant—
(a) to provide such further information or documents as are specified by the assessor that, in the assessor’s opinion, are reasonably required for the purposes of the consideration of the application, or
(b) to verify such information or documents submitted with the application or provided under paragraph (a) as are specified by the assessor.
(2) For the purposes of subsection (1), where the information or documents referred to in paragraph (b) of that subsection, or anything required to verify such information or documents, is in the power, possession or procurement of a third party, the applicant shall make every reasonable effort to obtain that information or those documents from the third party concerned.
(3) The notice under subsection (1) shall specify the period, which may be extended by the assessor for good reason, within which the requirement concerned shall be complied with.
(4) An applicant and his or her employees, servants or agents shall give all assistance (including permission to enter the applicant’s property) to, and cooperate with, the assessor and any persons engaged under section 71E(3) for the purpose of performing their functions under this Part.

Failure by applicant to cooperate
71H. (1) This section applies where an applicant or, where applicable, his or her employee, servant or agent—
(a) fails to provide any information or documents required to be submitted with the application,
(b) fails to comply with a requirement under section 71G(1),
(c) fails to comply with section 71G(4), or
(d) provides information to the assessor that is, in a material respect, incomplete, inaccurate or misleading.
(2) Where a circumstance referred to in paragraph (a), (b), (c) or (d) of subsection (1) applies and, as a result, the assessor is of the opinion that he or she is unable to adequately verify or substantiate any information or document provided by the applicant, he or she, in making a determination, may do one or more of the following:
(a) draw any adverse inferences that he or she considers appropriate;
(b) in determining the amount of compensation payable to the applicant in respect of the income loss, non-income loss or cost to which the failure to provide the required information, documentation or cooperation, or the incomplete, inaccurate or misleading information provided, relates—
(i) determine that the applicant is not entitled to compensation, or
(ii) have regard to the failure or to the fact that the information is incomplete, inaccurate or misleading, as the case may be.

Notice of determination
71I. (1) Upon making his or her determination the assessor shall, as soon as practicable, by notice in writing, inform the applicant concerned of—
(a) in relation to each income loss, non-income loss and type of cost in respect of which the applicant has applied for compensation—
(i) whether any compensation is payable, and
(ii) where compensation is payable, the amount of compensation payable to the applicant,
(b) the reasons for the determination, and
(c) the applicant’s entitlement under section 71J to appeal the determination, or a part of the determination.
(2) The assessor shall, as soon as possible after providing the applicant with a notice under subsection (1), provide a copy of the notice to the Minister.
(3) The assessor shall transmit to the Minister all of the information and documents examined by the assessor in the course of his or her consideration of the application.
(4) Subject to an appeal, a determination is final.
Appeal to High Court
71J. (1) The applicant concerned or the Minister, where he or she is dissatisfied with a determination or with a part of such a determination relating to a particular income loss, non-income loss or type of cost to which the application concerned relates, may, not later than 3 months from the date on which he or she receives the notice referred to in section 71I, appeal the determination, or the part of the determination, as the case may be, to the High Court.

(2) An appeal shall be commenced by motion on notice grounded on affidavit.
(3) In any appeal—
(a) where the appeal is by the applicant, the Minister shall be the respondent,
(b) where the appeal is by the Minister, the applicant shall be the respondent, and
(c) each party shall be entitled to be heard and to adduce evidence at the hearing of the appeal.
(4) The High Court shall give such directions and make such orders for the conduct of an appeal as it considers appropriate for the purpose of determining the proceedings in a manner which is just and expeditious.
(5) Following consideration of an appeal, the High Court may by order—
(a) affirm the determination or part of the determination, as the case may be, or
(b) subject to subsection (6)—
(i) vary the determination or part of the determination,
(ii) set aside the determination or part of the determination and remit it, for stated reasons, to the Minister, or
(iii) where the Court considers it appropriate to do so, by reference to submissions, documents or evidence before it which were not examined by the assessor in his or her consideration of the application concerned or for other good reason, substitute its determination for the determination or part of the determination.
(6) The High Court shall make an order under subsection (5)(b) only where it is satisfied, taking into account the degree of expertise and specialist knowledge possessed by the assessor and taking the process as a whole, that—
(a) a serious and significant error or a series of such errors was made in making the determination or part of the determination the subject of the appeal, or
(b) the determination or part of the determination was made without complying with fair procedures.

Remission of determination to Minister
71K. Where the High Court makes an order under section 71J(5)(b)(ii), the Minister shall, in accordance with the terms of the order and section 71F(1), assign an assessor to consider the application concerned and the assessor shall proceed, having regard to the stated reasons of the Court, to consider the application concerned in accordance with this Part, and this Part and the regulations shall apply accordingly.

Payment of compensation by Minister
71L. (1) The Minister shall—
(a) pay to the applicant concerned the amount of compensation set out in the determination—
(i) where no appeal has been made, as soon as practicable after the date on which the period specified in section 71J(1) for making such an appeal has expired, or
(ii) where an appeal has been made, but the determination under appeal ceases to be under appeal, as soon as practicable after the date on which the determination under appeal ceases to be under appeal,
or
(b) where the High Court has made an order under paragraph (a), or paragraph (b)(i) or (iii), of section 71J(5), pay to the applicant concerned compensation in accordance with the order as soon as practicable after the date on which the order is made.
(2) Where an appeal has been made in respect of a part of a determination only—
(a) the Minister shall, as soon as practicable, pay to the applicant concerned compensation in accordance with the parts of the determination that are not the subject of the appeal, and
(b) paragraphs (a)(ii) and (b) of subsection (2) shall apply in respect of the parts of the determination that are the subject of the appeal.
(3) Where an advance payment has been made to an applicant by the Minister in accordance with regulations made under section 71D(3)(e), and has not been repaid in whole or in part, the Minister may, in accordance with regulations made under section 71D(3)(e), reduce the amount payable to the applicant under subsection (1) or (2), as the case may be, by the amount, or a portion of the amount, of the advance payment owing.
(4) For the purposes of this section, a determination under appeal ceases to be under appeal where—
(a) the party who appealed withdraws or abandons the appeal, or
(b) where both parties have appealed, the appeal is withdrawn or abandoned by both parties.
(5) In this section—
‘determination under appeal’ means a determination, or a part of a determination, that has been appealed under section 71J, but in relation to which no order has been made by the High Court under paragraph (a), or paragraph (b)(i) or (iii), of section 71J(5);
‘date on which a determination under appeal ceases to be under appeal’ means—
(a) where subsection (4)(a) applies, the date of the withdrawal or abandonment concerned, or
(b) where subsection (4)(b) applies, the date on which the later party to withdraw or abandon the appeal does so.

Revocation of licences under Musk Rats Act 1933
71M. All licences granted under the Musk Rats Act 1933 and subsisting on the date immediately before the date on which this Part comes into operation are, on that date, revoked.”.

Amendment of Schedule 3 to Act of 2013
8. The Act of 2013 is amended in Schedule 3—
(a) in paragraph 40, by inserting “(including the suspension and revocation)” after “granting”, and
(b) by inserting the following paragraph after paragraph 40:
“40A. The granting (including the suspension and revocation) of licences in respect of the operation of a livestock mart, where the mart holds livestock on its land or premises immediately before or after the sale, supply, auction or brokerage of the livestock.”.

PART 3
Amendment of Forestry Act 2014
Amendment of Forestry Act 2014
9. The Forestry Act 2014 is amended—
(a) in section 2, by the insertion of the following definitions:
“ ‘native tree area’ means land under trees—
(a) with—
(i) an area of not less than 0. 1 hectare and not greater than 1 hectare, or
(ii) an area of not less than 0. 1 hectare that is not greater than 20 metres in width,
and
(b) where the trees concerned are native tree species only, of which not more than 25 per cent are Scots pine;
‘native tree area grant’, in relation to a native tree area, means any payment made by the Minister for native tree area-related activities, other than a loan;
‘native tree species’ means a species of tree specified in the Schedule by its common name in column (1) thereof and by its scientific name in column (2) thereof;
‘planting’, in relation to a native tree area, means the conversion of land to a native tree area;”,
(b) in section 6, by the insertion of the following paragraph after paragraph (g):
“(ga) in order to enable the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy—
(i) undertake, participate in or promote any scheme or project promoting the planting of native tree areas, and
(ii) in accordance with the relevant statutory provisions, give approval for and provide native tree area grants, subject to such conditions as may be specified, for the planting of native tree areas,”,
(c) in section 22(1), by the substitution of “Subject to sections 7 and 22A,” for “Subject to section 7,”,
(d) by the insertion of the following section after section 22 but in Part 5:
“22A. (1) The Minister may, for the purpose of enabling the State to pursue, and achieve, the transition to a low carbon, climate resilient, biodiversity rich and environmentally sustainable economy, provide by regulation for a scheme to facilitate the planting of native tree areas.

(2) Regulations under subsection (1) may—
(a) subject to paragraph (b) and subsection (3), provide for the exemption of the planting of native tree areas, that would, but for such exemption, be subject to the requirements of section 22, from the requirements of that section,
(b) prescribe conditions for an exemption under paragraph (a), having regard to—
(i) the requirements of the environment and environmental law,
(ii) the need for increased planting of native tree species,
(iii) public safety,
(iv) fire, pest or disease control, and
(v) research and such other silvicultural requirements as the Minister considers appropriate,
and
(c) in relation to the scheme referred to in subsection (1)—
(i) prescribe the terms and conditions of that scheme, having regard to such matters referred to in subparagraphs (i) to (v) of paragraph (b) and any other matters as the Minister considers relevant, and
(ii) provide for the provision of native tree area grants for the planting of native tree areas.
(3) Regulations under subsection (1) shall provide that an exemption from the requirements of section 22 shall be granted only where, on the basis of objective information, the proposed native tree area is not likely to have a significant effect on a European site in view of the site conservation objectives, either individually or in combination with other plans or projects.
(4) In this section, ‘European site’ has the same meaning as it has in the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).”,
(e) in section 27(1), by the substitution of “in applying for a grant, native tree area grant, registration, licence or approval” for “in applying for a grant, registration, licence or approval”, and
(f) by the insertion of the following Schedule after section 35:
“SCHEDULE
Section 2
Native tree species
”.
PART 4
Miscellaneous
Miscellaneous
10. The Milk (Miscellaneous Provisions) Act 1979 is repealed.


[15 th October, 2022]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“Act of 1999” means the Electricity Regulation Act 1999 ;
“Commission” means the Commission for Regulation of Utilities;
“distribution system operator” means the holder of a licence granted under section 14(1)(g) of the Act of 1999;
“domestic electricity account” means an electricity account in respect of which a meter point registration number has been assigned and which—
(a) is held by a final customer with an electricity supplier, and
(b) is identified by the distribution system operator as being subject to distribution use of system charges at the rate for urban domestic customers (DG1) or the rate for rural domestic customers (DG2) set out in the publication known as the “ESB Networks Schedule of Distribution Use of System Charges” approved by the Commission and for the time being in place;
“effective date” has the meaning given to it by section 4 (1)(e);
“electricity costs emergency benefit payment” has the meaning given to it by section 5 (2);
“electricity supplier” means the holder of a licence granted under paragraph (b) or (h) of section 14(1) of the Act of 1999;
“final customer” has the same meaning as it has in section 2(1) of the Act of 1999;
“meter point registration number” means the unique eleven digit number assigned to an electricity account and meter;
“Minister” means the Minister for the Environment, Climate and Communications;
“payment period” means each of the following:
(a) the period commencing on 1 November 2022 and ending on 31 December 2022,
(b) the period commencing on 1 January 2023 and ending on 28 February 2023, and
(c) the period commencing on 1 March 2023 and ending on 30 April 2023;
“prescribe” means prescribe by regulations made by the Minister under this Act;
“relevant date” has the meaning given to it by section 4 (1)(a);
“relevant period” means the period commencing on the date of the passing of this Act and ending on 30 June 2023;
“Scheme” means the Electricity Costs Emergency Benefit Scheme II established under section 2 .

Establishment of Scheme
2. (1) On the coming into operation of this section there shall stand established a scheme to be known as the Electricity Costs Emergency Benefit Scheme II to be operated in accordance with this Act and any regulations made thereunder.
(2) The Scheme is established for the purpose of making an electricity costs emergency benefit payment in each payment period during the relevant period in accordance with this Act and any regulations made thereunder out of resources allocated for the purposes of the Scheme under subsection (3).
(3) (a) The Minister shall, out of such monies as are available to him or her from monies provided by the Oireachtas, and with the consent of the Minister for Public Expenditure and Reform, allocate such amount as he or she determines for the purposes of the Scheme.
(b) The amount allocated under paragraph (a) shall not exceed €1.211 billion.
(c) The Minster shall estimate the amount required to be allocated under paragraph (a) for the purposes of making electricity costs emergency benefit payments under section 5 (2) and, in so doing, the Minister shall have regard to the number of domestic electricity accounts notified to him or her by the distribution system operator in accordance with section 4 (1)(b).
(d) The Minister may request information additional to that notified to him or her in accordance with section 4 (1)(b), including up-to-date information in relation to the number of domestic electricity accounts, from the distribution system operator for the purpose of allocating an amount under paragraph (a).
(4) The Scheme shall be operated and administered by the distribution system operator and electricity suppliers in accordance with this Act and any regulations made thereunder.

Transfer of monies by Minister to distribution system operator for purposes of Scheme
3. (1) The Minister shall, as soon as practicable after he or she has been notified by the distribution system operator in accordance with section 4 (1)(b), with the consent of the Minister for Public Expenditure and Reform, transfer to the distribution system operator, from the monies allocated under section 2 , the amount to be used by the distribution system operator for the sole purpose of the Scheme, in accordance with section 4 .
(2) The Minister may request information additional to that notified to him or her in accordance with section 4 (1)(b), including up-to-date information in relation to the number of domestic electricity accounts, from the distribution system operator for the purpose of transferring the amount under subsection (1).

Functions of distribution system operator in relation to Scheme
4. (1) For the purposes of the operation and administration of the Scheme, the distribution system operator shall—
(a) on the request of the Minister, determine the number of domestic electricity accounts on such date (in this Act referred to as the “relevant date”) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, prescribe for the purposes of this paragraph,
(b) as soon as practicable after it has made its determination under paragraph (a), notify the Minister of that determination,
(c) provide the Minister with any additional information requested by the Minister under section 2 (3)(d) or 3 (2),
(d) receive monies transferred to it by the Minister under section 3 for the sole purpose of the distribution system operator transferring those monies to electricity suppliers in accordance with paragraph (f),
(e) subject to subsection (3), on such date (in this Act referred to as an “effective date”) as the Minister, with the consent of the Minister for Public Expenditure and Reform, prescribes for the purposes of this paragraph in respect of each payment period, notify each electricity supplier of—
(i) the assigned meter point registration number for each domestic electricity account by reference to which the electricity supplier concerned supplies electricity, and
(ii) the amount of monies to be transferred by the distribution system operator to the supplier concerned under paragraph (f),
(f) transfer to each supplier, within the prescribed period, out of monies received by it from the Minister in accordance with paragraph (d), the amount of monies notified to the electricity supplier concerned under paragraph (e)(ii) to be used by the supplier in accordance with section 5 (1)(b),
(g) keep records of all monies transferred to electricity suppliers under paragraph (f),
(h) receive monies repaid to it by electricity suppliers under section 5 (1)(d),
(i) as soon as practicable, repay to the Minister—
(i) any monies received by it from the Minister in accordance with paragraph (d) that are not required to be transferred to electricity suppliers in accordance with paragraph (f), and
(ii) any monies repaid to it by electricity suppliers under section 5 (1)(d),
(j) perform such other functions as the Minister, with the consent of the Minister for Public Expenditure and Reform, may, for the purposes of the efficient operation and administration of the Scheme, prescribe, and
(k) make available to an auditor appointed by the Minister all books and records in relation to the performance by the distribution system operator of the functions conferred on it by or under this Act.
(2) The distribution system operator shall, for the purpose of the Scheme, put in place such administrative and operational arrangements that the Commission considers necessary or expedient under section 9Q(1)(a) of the Act of 1999.
(3) An effective date prescribed for the purposes of subsection (1)(e) in respect of a payment period shall—
(a) be a date that is not earlier than the date of receipt of monies by the distribution system operator in accordance with subsection (1)(d), and
(b) be a date during the relevant period and not later than the commencement of the payment period concerned.
(4) In this section, “prescribed period” means such period as the Minister, with the consent of the Minister for Public Expenditure and Reform, prescribes for the purposes of subsection (1)(f) in respect of each payment period.

Functions of electricity suppliers in relation to Scheme
5. (1) For the purposes of the operation and administration of the Scheme, an electricity supplier shall—
(a) receive monies transferred to it by the distribution system operator under section 4 (1)(f),
(b) use monies received by it under paragraph (a) for the sole purpose of making electricity costs emergency benefit payments,
(c) keep records of—
(i) all monies received in accordance with paragraph (a), and
(ii) all electricity costs emergency benefit payments made by it,
(d) as soon as practicable, repay to the distribution system operator any monies received by it in accordance with paragraph (a) that have not been used for the purpose of making electricity costs emergency benefit payments and keep records of any such repayments,
(e) perform such other functions as the Minster may, with the consent of the Minister for Public Expenditure and Reform, for the purposes of the efficient operation and administration of the Scheme, prescribe, and
(f) make available to an auditor appointed by the Minister all books and records in relation to the performance by the electricity supplier of the functions conferred on it by or under this Act.
(2) Where an electricity supplier receives monies in accordance with subsection (1)(a), it shall, within such period ending not later than 31 December 2023 as the Minister, with the consent of the Minister for Public Expenditure and Reform, prescribes for the purposes of this subsection in respect of each payment period, credit each domestic electricity account held with it on the effective date in respect of the payment period concerned, with a payment of €183.49 (in this Act referred to as an “electricity costs emergency benefit payment”).
(3) An electricity supplier shall, for the purpose of the Scheme, put in place such administrative and operational arrangements that the Commission considers necessary or expedient under section 9Q(1)(a) of the Act of 1999.

Functions of Commission in relation to Electricity Costs Emergency Benefit Scheme II
6. Section 9 of the Act of 1999 is amended by the insertion of the following section after section 9P:
“9Q. (1) The following shall be functions of the Commission:
(a) to ensure that the distribution system operator and electricity suppliers have in place such administrative and operational arrangements that the Commission considers necessary or expedient for the performance by them of the respective functions conferred on them by or under the Act of 2022 for the purpose of the efficient operation of the Electricity Costs Emergency Benefit Scheme II;
(b) to take such steps as are necessary to ensure the distribution system operator and electricity suppliers perform the respective functions conferred on them by or under the Act of 2022;
(c) to report to the Minister, at such intervals as are agreed by the Commission and the Minister, in relation to the performance by the distribution system operator and electricity suppliers of the respective functions conferred on them by or under the Act of 2022.
(2) In this section, ‘Act of 2022’ means the Electricity Costs (Domestic Electricity Accounts) Emergency Measures and Miscellaneous Provisions Act 2022.”.

Exemption in respect of payments under Electricity Costs Emergency Benefit Scheme II
7. The Taxes Consolidation Act 1997 is amended by the insertion of the following section after section 192J:
“192JA. (1) An electricity costs emergency benefit payment made under section 5 (2) of the Electricity Costs (Domestic Electricity Accounts) Emergency Measures and Miscellaneous Provisions Act 2022 on or after the date of the passing of that Act and on or before 31 December 2023 shall be exempt from income tax and shall not be reckoned in computing total income for the purposes of the Income Tax Acts.

(2) In this section, ‘electricity costs emergency benefit payment’ has the same meaning as it has in the Electricity Costs (Domestic Electricity Accounts) Emergency Measures and Miscellaneous Provisions Act 2022.”.

Regulations
8. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations for the purposes of this Act, including regulations for prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed, for the purpose of enabling any provision of this Act to have full effect or for the purpose of the efficient operation of the Scheme.
(2) Without prejudice to the generality of subsection (1), the Minister shall make regulations under this section providing for—
(a) the relevant date for the purposes of section 4 (1)(a),
(b) the effective date in respect of each payment period for the purposes of section 4 (1)(e),
(c) the prescribed period within the meaning of section 4 (1)(f) in respect of each payment period, and
(d) a period in respect of each payment period for the purposes of section 5 (2).
(3) Without prejudice to the generality of subsection (1), the Minister may make regulations under this section providing for—
(a) functions of the distribution system operator for the purposes of the efficient operation and administration of the Scheme,
(b) functions of electricity suppliers for the purposes of the efficient operation and administration of the Scheme, and
(c) such administrative and operational matters as the Minister considers appropriate for the purposes of the efficient operation and administration of the Scheme.
(4) Regulations under this section may contain such incidental or supplementary provisions that appear to the Minister, with the consent of the Minister for Public Expenditure and Reform, to be expedient for the purposes of the regulations.
(5) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses
9. (1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.
(2) Expenses incurred by the distribution system operator and electricity suppliers in relation to the operation and administration of the Scheme shall be borne by the distribution system operator and electricity suppliers, as the case may be.

Amendment of section 34 of Act of 1999
10. Section 34(3) of the Act of 1999 is amended—
(a) by the insertion of “or a registration granted under Part IIIA” after “or an authorisation under section 16”,
(b) by the insertion of “or registration” after “or authorisation”, and
(c) by the insertion of “or to that person being a relevant market participant of a class specified by order under section 28AC(2)(a)(i) or engaging in a class of electricity activity specified by order under 28AC(2)(a)(ii)” after “becoming an eligible customer”.

Amendment of section 35 of Electricity (Supply) Act 1927
11. Section 35 (1) of the Electricity (Supply) Act 1927 is amended by the insertion of “, or is the holder of a registration granted under Part IIIA of the Electricity Regulation Act 1999 or is a person of a class specified by order under section 28AC(2)(a)(i) of that Act or is engaging in a class of electricity activity specified by order under 28AC(2)(a)(ii) of that Act” after “to supply electricity”.

Amendment of section 37 of National Oil Reserves Agency Act 2007
12. Section 37 of the National Oil Reserves Agency Act 2007 is amended by the substitution of the following subsection for subsection (1A):
“(1A) The rate of the levy shall be—
(a) other than during the period referred to in paragraph (b), €0.02 per litre of relevant disposals of petroleum products, and
(b) during the period commencing on 12 October 2022 and ending on 28 February 2023, €0. 001 per litre of relevant disposals of petroleum products.”.

Short title and commencement
13. (1) This Act may be cited as the Electricity Costs (Domestic Electricity Accounts) Emergency Measures and Miscellaneous Provisions Act 2022.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or 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:
Increase of maximum penalty in certain cases. 6 Edw. 7. c. 34.  1. A person convicted on indictment of a misdemeanour under the Prevention of Corruption Act, 1906, or the Public Bodies Corrupt Practices Act, 1889, shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with His Majesty or any Government Department or any public body or a sub-contract to execute any work comprised in such a contract, be liable to penal servitude for a term not exceeding seven nor less than three years:
52 & 53 Vict. c. 69.
Provided that nothing in this section shall prevent the infliction in addition to penal servitude of such punishment as under the above-mentioned Acts may be inflicted in addition to imprisonment, or prevent the infliction in lieu of penal servitude of any punishment which may be inflicted under the said Acts.

Presumption of corruption in certain cases.                     2. Where in any proceedings against a person for an offence under the Prevention of Corruption Act, 1906, or the Public Bodies Corrupt Practices Act, 1889, it is proved that any money, gift, or other consideration has been paid or given to or received by a person in the employment of His Majesty or any Government Department or a public body by or from a person, or agent of a person, holding or seeking to obtain a contract from His Majesty or any Government Department or public body, the money, gift, or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in such Act unless the contrary is proved.

Time for taking proceedings.                                    3. Notwithstanding anything in the Summary Jurisdiction Acts proceedings under the Prevention of Corruption Act, 1906, instituted with a view to obtaining a summary conviction for an offence thereunder may be commenced at any time before the expiration of six months after the first discovery of the offence by the prosecutor.

Short title and interpretation.                                 4.—(1) This Act may be cited as the Prevention of Corruption Act, 1916, and the Public Bodies Corrupt Practices Act, 1889, the Prevention of Corruption Act, 1906, and this Act may be cited together as the Prevention of Corruption Acts, 1889 to 1916.

(2) In this Act and in the Public Bodies Corrupt Practices Act, 1889, the expression “public body ” includes, in addition to the bodies mentioned in the last-mentioned Act, local and public authorities of all descriptions.
(3) A person serving under any such public body is an agent within the meaning of the Prevention of Corruption Act, 1906, and the expressions “agent” and “consideration” in this Act have the same meaning as in the Prevention of Corruption Act, 1906, as amended by this Act.