[1st May, 2024]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, commencement, collective citation and construction
1. (1) This Act may be cited as the Gas (Amendment) and Miscellaneous Provisions Act 2024.
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3) The Maritime Area Planning Acts 2021 to 2023 and Part 4 may be cited together as the Maritime Area Planning Acts 2021 to 2024 and shall be construed together as one.

Definitions
2. In this Act—
“Act of 1976” means the Gas Act 1976 ;
“Act of 2013” means the Gas Regulation Act 2013 ;
“Act of 2014” means the Companies Act 2014 ;
“dissolved body” shall be construed in accordance with section 6 ;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“Gas Networks Ireland” means the designated activity company limited by shares (registered number 555744) formed and registered under Part 16 of the Act of 2014;
“majority-shareholding Minister” has the meaning given to it by section 9 ;
“Minister” means Minister for the Environment, Climate and Communications;
“transfer day” means the day appointed by order under section 6 to be the transfer day for the purposes of this Act.

Repeals
3. (1) The following provisions of the Act of 1976 are repealed:
(a) sections 7A to 7G;
(b) subsections (4) and (5) of section 8;
(c) sections 13, 19 and 20;
(d) subsections (3), (4), (5) and (6) of section 21;
(e) the First Schedule.
(2) Section 17 of the Gas (Amendment) Act 2000 is repealed.
(3) Paragraph (c) of subsection (1) of section 21B (inserted by section 19 of the Energy (Miscellaneous Provisions) Act 2006 ) of the Gas (Interim) (Regulation) Act 2002 is repealed.
(4) The following provisions of the Act of 2013 are repealed:
(a) subsections (3) and (4) of section 5;
(b) section 7;
(c) subsection (5) of section 10;
(d) section 20;
(e) sections 41 and 42.
Saver for certain business activity
4. Notwithstanding the repeal of section 17 of the Gas (Amendment) Act 2000 by subsection (2) of section 3 , Gas Networks Ireland may engage in a business activity in accordance with any approval given under the said section 17 in effect immediately before the commencement of subsection (2) of section 3 insofar as the activity relates to telecommunications.

Expenses
5. 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, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

PART 2
Dissolution of Ervia, Transfer of Functions, Assets, Liabilities, Records and Staff, etc.

Transfer day
6. (1) The Minister shall by order appoint a day to be the transfer day for the purposes of this Act.
(2) On and from the transfer day Ervia (in this Act referred to as the “dissolved body”) shall stand dissolved.

Cancellation of shareholding
7. (1) Notwithstanding any enactment or rule of law or any provision contained in the constitution (within the meaning of section 2 of the Act of 2014) of Gas Networks Ireland, on the transfer day the shares issued to the dissolved body by Gas Networks Ireland shall be cancelled.
(2) No consideration shall be payable to the dissolved body in respect of the shares cancelled under subsection (1).

Power to issue shares
8. (1) On the transfer day Gas Networks Ireland shall issue 100 shares in the following proportions:
(a) 5 per cent of the shares to the Minister;
(b) 5 per cent of the shares to the Minister for Public Expenditure, National Development Plan Delivery and Reform;
(c) 90 per cent of the shares to the majority-shareholding Minister.
(2) No consideration shall be payable by the Minister, the Minister for Public Expenditure, National Development Plan Delivery and Reform or the majority shareholding Minister in respect of the shares issued under subsection (1).
(3) Gas Networks Ireland may, from time to time, with the prior consent of the majority shareholding Minister, issue to the Minister, the Minister for Public Expenditure, National Development Plan Delivery and Reform and the majority shareholding Minister, in the same proportion, respectively, referred to in paragraphs (a), (b) and (c) of subsection (1), such number of shares as may be agreed upon, and are subscribed for, by each such Minister.
(4) The whole of the issued share capital of Gas Networks Ireland shall be held by the Minister, the Minister for Public Expenditure, National Development Plan Delivery and Reform and the majority-shareholding Minister.

Appointment of majority-shareholding Minister
9. (1) A Minister of the Government (other than the Minister or the Minister for Public Expenditure, National Development Plan Delivery and Reform) shall, for the purpose of implementing Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20091 , hold 90 per cent of the shares in Gas Networks Ireland (in this Act referred to as the “majority-shareholding Minister”) being—
(a) for the time being, the Minister for Housing, Local Government and Heritage, or
(b) such Minister of the Government as may stand appointed by order of the Government under subsection (2).
(2) The Government may by order appoint a Minister of the Government (other than the Minister, the Minister for Housing, Local Government and Heritage or the Minister for Public Expenditure, National Development Plan Delivery and Reform) to be the majority-shareholding Minister.
(3) (a) The first order made under subsection (2) shall transfer the shareholding of the Minister for Housing, Local Government and Heritage as majority-shareholding Minister in Gas Networks Ireland to the Minister of the Government appointed as majority-shareholding Minister under that order.
(b) A second or subsequent order made under subsection (2) shall transfer the shareholding of the majority-shareholding Minister in Gas Networks Ireland to the majority-shareholding Minister appointed under such order on and from the date of his or her appointment.
(4) Every order made 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 order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Exercise of powers by Ministers of the Government in respect of shares
10. (1) Subject to subsections (2) and (3), the majority-shareholding Minister, the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform may, in respect of the shares in Gas Networks Ireland for the time being held by each of them, exercise all or any of the rights and powers from time to time exercisable by the holder of such shares.
(2) The majority-shareholding Minister, the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform shall not sell, exchange, transfer, surrender, alienate or otherwise dispose of all or any of the shares held by each such Minister without the prior consent of the Government.
(3) The Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, in respect of the shares held by each of them, shall not directly or indirectly exercise control over Gas Networks Ireland in carrying out its functions and in particular shall not be entitled to appoint a member of the board of directors of Gas Networks Ireland or to exercise voting rights in respect of Gas Networks Ireland.

Transfer of functions
11. (1) On the transfer day, all functions that, immediately before the transfer day, were vested in the dissolved body shall stand vested in Gas Networks Ireland.
(2) References in any enactment (other than this Act) or other document to the dissolved body, to the extent that such references relate to functions, assets, rights or liabilities that are vested in, or transferred to, Gas Networks Ireland by this Act shall, on and from the transfer day, be construed as references to Gas Networks Ireland.
(3) The administration and business in connection with the performance of the functions vested in Gas Networks Ireland by virtue of subsection (1) are on the transfer day transferred to Gas Networks Ireland.
(4) References in any enactment (other than this Act) to the dissolved body, to the extent that such references relate to the administration and business transferred by subsection (3) shall, on and from the transfer day, be construed as references to Gas Networks Ireland.

Transfer of land and other property
12. (1) All lands that, immediately before the transfer day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, on that day, without any conveyance or assignment, stand vested in Gas Networks Ireland for all the estate or interest therein that, immediately before that day, was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.
(2) All property (other than land), including choses-in-action, that immediately before the transfer day, was vested in the dissolved body shall, on that day, stand vested in Gas Networks Ireland without any assignment.
(3) Every chose-in-action vested in Gas Networks Ireland by virtue of subsection (2) may, on and after the transfer day, be sued on, recovered or enforced by Gas Networks Ireland in its own name, and it shall not be necessary for Gas Networks Ireland or the dissolved body to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

Transfer of rights and liabilities and continuation of leases, licences and permissions granted by dissolved body
13. (1) All rights, liabilities and obligations of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the transfer day shall, on that day, stand transferred to Gas Networks Ireland.
(2) Every right, liability and obligation transferred by subsection (1) to Gas Networks Ireland may, on and after the transfer day, be sued on, recovered or enforced by or against Gas Networks Ireland in its own name, and it shall not be necessary for Gas Networks Ireland or the dissolved body to give notice to any person of the transfer of any such right, liability or obligation.
(3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in Gas Networks Ireland and in force immediately before the transfer day, shall continue in force as if granted by Gas Networks Ireland.
(4) Every contract, agreement or arrangement (including any wayleave) made between the dissolved body or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the transfer day, shall continue in force and shall be construed and have effect as if the name Gas Networks Ireland were substituted therein for that of the dissolved body or, as may be appropriate, its trustee or agent, and shall be enforceable by or against Gas Networks Ireland.
(5) A reference to a contract, agreement or arrangement in subsection (4) includes any commitments of the dissolved body derived from any competition or process for the procurement of services by the dissolved body which was commenced before the transfer day.

Liability for loss occurring before transfer day
14. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the transfer day of any of the functions of the dissolved body transferred to Gas Networks Ireland by this Act shall, on and after that day, lie against Gas Networks Ireland and not against the dissolved body.
(2) Any legal proceedings pending immediately before the transfer day to which the dissolved body is a party, that relate to a function of the dissolved body transferred to Gas Networks Ireland by this Act, shall be continued with the substitution in the proceedings of Gas Networks Ireland for the dissolved body and the proceedings shall not abate by reason of such substitution.
(3) Where, before the transfer day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates and the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable by or against the dissolved body, be enforceable by or against Gas Networks Ireland and not the dissolved body.
(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the transfer day shall, where the claim relates to functions transferred to Gas Networks Ireland by this Act, on and after the transfer day be regarded as having been made by or proper to be made by Gas Networks Ireland and may be pursued and sued for by Gas Networks Ireland as if the loss or injury had been suffered by Gas Networks Ireland.

Provisions consequent upon transfer of functions, assets and liabilities
15. (1) Anything commenced but not completed before the transfer day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to Gas Networks Ireland by this Act, be carried on or completed on or after the transfer day by Gas Networks Ireland.
(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred to Gas Networks Ireland under this Act, by the dissolved body shall, if and in so far as it was operative immediately before the transfer day, have effect on or after that day as if it had been granted or made by Gas Networks Ireland.
(3) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in Gas Networks Ireland under this Act shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

Transfer of records
16. Subject to section 26 of the Water Services (Amendment) Act 2022 and any regulations made under subsection (4) of that section, each record held by the dissolved body immediately before the transfer day, shall, on that day, stand transferred to Gas Networks Ireland and shall, on and from that day, be the property of Gas Networks Ireland and be regarded as being held by Gas Networks Ireland.

Transfer of staff
17. (1) Every person who, immediately before the transfer day, was a member of staff of the dissolved body shall, on the transfer day, cease to be a member of staff of the dissolved body and become and be a member of staff of Gas Networks Ireland.
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a relevant employee shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration and superannuation, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration and superannuation, to which such relevant employee was subject immediately before the transfer day.
(3) In relation to a relevant employee, previous service with the dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:
(a) the Redundancy Payments Acts 1967 to 2022;
(b) the Protection of Employees (Part-Time Work) Act 2001 ;
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;
(d) the Organisation of Working Time Act 1997 ;
(e) the Terms of Employment (Information) Acts 1994 to 2014;
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(g) the Unfair Dismissals Acts 1977 to 2015;
(h) the Maternity Protection Acts 1994 to 2022;
(i) the Parental Leave Acts 1998 to 2023;
(j) the Adoptive Leave Acts 1995 and 2005;
(k) the Carer’s Leave Act 2001 ;
(l) the Paternity Leave and Benefit Act 2016 ;
(m) the Parent’s Leave and Benefit Act 2019 .
(4) In this section, “relevant employee” means, as the case may be—
(a) a member of staff referred to in subsection (1), or
(b) a member of staff of Gas Networks Ireland who, before the transfer day, was a member of staff of the dissolved body designated by the chief executive officer of the dissolved body for employment by Gas Networks Ireland.

Final accounts and final annual report of dissolved body
18. (1) Where the transfer day is—
(a) on 1 January 2024, Gas Networks Ireland shall, in respect of the period ending on 31 December 2023, prepare the final accounts and final annual report of the dissolved body in accordance with this section, or
(b) after 1 January 2024, Gas Networks Ireland shall, in respect of the period specified in subsection (3), prepare the final accounts and final annual report of the dissolved body in accordance with this section.
(2) Gas Networks Ireland shall, not later than 2 months after the transfer day, submit the final accounts of the dissolved body to the auditor appointed by the dissolved body for that purpose and shall, immediately after the audit, present a copy of the accounts and auditor’s report to the majority-shareholding Minister.
(3) For the purposes of subsection (1)(b), the majority-shareholding Minister may specify a period that is shorter than a financial year of the dissolved body.
(4) Gas Networks Ireland shall, not later than 6 months after the transfer day, prepare and submit to the majority-shareholding Minister the final annual report of the dissolved body, and the majority-shareholding Minister shall, as soon as practicable thereafter, cause a copy of the final annual report, final accounts and auditor’s report to be laid before each House of the Oireachtas.

PART 3
Amendment of other Enactments
Amendment of Act of 1976
19. The Act of 1976 is amended—
(a) in section 2—
(i) by the substitution of the following definition for the definition of “majority shareholding Minister”:
“ ‘majority-shareholding Minister’ has the same meaning as it has in the Gas (Amendment) and Miscellaneous Provisions Act 2024;”,
and
(ii) by the insertion of the following definition:
“ ‘Act of 2014’ means the Companies Act 2014 ;”,
(b) in section 8—
(i) in subsection (2), by the substitution of “the Natural Gas Market Directive” for “Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20092 ”, and
(ii) in subsection (3)—
(I) in paragraph (b), by the insertion of “store, transport,” after “prepare,”,
(II) in paragraph (e)—
(A) by the deletion of “or provide, operate and maintain,”, and
(B) by the insertion of “compressor stations,” after “pressure-reducing stations,”,
(III) by the insertion of the following paragraph after paragraph (f):
“(fa) take such measures as are appropriate to enhance or protect security of supply of natural gas, or”,
and
(IV) by the deletion of paragraphs (g), (h) and (i),
(c) by the insertion of the following section after section 8A:
“Conferring of functions in relation to telecommunications infrastructure on Board
8B. (1) Subject to subsection (2), the majority-shareholding Minister may, by order, confer on the Board such function of developing, maintaining and operating telecommunications infrastructure as the majority shareholding Minister thinks proper and specifies in the order, and any such order may provide for the performance of the function subject to conditions specified in the order and may contain such incidental and supplementary provisions as the majority shareholding Minister thinks necessary or expedient for giving full effect to the order.

(2) An order made under subsection (1) shall be made subject to—
(a) the consent of the Minister for Finance, where the majority shareholding Minister is not the Minister for Finance,
(b) the consultation of the Minister,
(c) the consultation of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and
(d) the consultation of any other Minister of the Government (other than the Minister for Finance where the consent of that Minister is required in accordance with paragraph (a)), who in the opinion of the majority-shareholding Minister having regard to the functions of that other Minister ought to be consulted.
(3) When an order under this section is proposed to be made by the majority-shareholding Minister, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.
(4) In this section, ‘telecommunications infrastructure’ means infrastructure and equipment which permit the conveyance of signals for telecommunications and electronic communications.”,
(d) by the substitution of the following section for section 14:
“Annual report
14. (1) The Board shall prepare a report (in this section referred to as the ‘annual report’) on the performance by it of its functions under this Act, the Gas Regulation Act 2013 and the Gas (Amendment) and Miscellaneous Provisions Act 2024.
(2) The annual report shall include such particulars as the Board considers appropriate or as may be directed by the majority-shareholding Minister.
(3) The first annual report prepared under this section shall be in respect of the financial year commencing on 1 January 2024 and subsequent annual reports shall be prepared in respect of each subsequent financial year.”,
(e) by the substitution of the following section for section 15:
“Appointment of statutory auditor or firm
15. (1) The board of directors of the Board shall, with the approval of the majority-shareholding Minister, appoint a statutory auditor or statutory audit firm to be a statutory auditor of the Board, for the purposes of, and in accordance with, the Act of 2014.
(2) Where a statutory auditor or statutory audit firm is appointed under subsection (1), the first statutory auditor’s report prepared in accordance with section 336 of the Act of 2014 shall be in respect of the financial year commencing on 1 January 2024, and subsequent reports shall be prepared in respect of each subsequent financial year.
(3) The Board shall pay out of moneys at its disposal the fees of a statutory auditor appointed under this section.
(4) In this section—
‘statutory audit firm’ has the same meaning as it has in Part 27 of the Act of 2014;
‘statutory auditor’ has the same meaning as it has in the Act of 2014.”,
and
(f) by the insertion of the following section after section 15 (as amended by paragraph (e)):
“Presentation of financial statements and reports
15A. (1) The Board shall, not later than 30 June in each year, commencing in the year 2025, present to the majority-shareholding Minister a copy of—
(a) the statutory financial statements prepared in accordance with the Act of 2014,
(b) the annual report prepared under section 14, and
(c) the statutory auditor’s report referred to in section 15(2).
(2) The majority-shareholding Minister shall cause a copy of the statutory financial statements and the reports presented to him or her under subsection (1) to be laid before each House of the Oireachtas as soon as practicable following their presentation.”.

Amendment of Act of 2013
20. The Act of 2013 is amended—
(a) in section 2—
(i) by the substitution of the following definition for the definition of “majority shareholding Minister”:
“ ‘majority-shareholding Minister’ has the same meaning as it has in the Gas (Amendment) and Miscellaneous Provisions Act 2024;”,
and
(ii) by the insertion of the following definitions:
“ ‘board of directors’ means the board of directors of the network company appointed under section 7A;
‘chief executive officer’ means, subject to section 7B(6), the person appointed to be the chief executive officer of the network company under that section;
‘director’ means, other than in subsection (1) of section 7A, a person appointed to the board of directors under that section or the chief executive officer;”,
(b) by the substitution of the following section for section 6:
“6. (1) The constitution of the network company shall be in such form, consistent with the Companies Act 2014 , this Act, the Gas Act 1976 , the Gas (Amendment) and Miscellaneous Provisions Act 2024, and the Natural Gas Directive, as may be approved by the majority-shareholding Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(2) The principal objects of the network company stated in its constitution shall include the ownership and operation of the transmission system and the distribution system in a manner consistent with this Act, the Gas Act 1976 , the Gas (Amendment) and Miscellaneous Provisions Act 2024, and the Natural Gas Directive.
(3) Notwithstanding anything contained in the Companies Act 2014 , no alteration of the constitution of the network company shall be valid or effectual unless made with the prior approval of the majority shareholding Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.”,
(c) by the insertion of the following sections before section 8:
“Appointment of board of directors of network company
7A. (1) Subject to section 7B(6), each director of the network company standing appointed pursuant to section 7 immediately before the transfer day shall cease to be a director of the network company on the transfer day.

(2) The network company shall have a board (in this Act referred to as the ‘board of directors’) which shall consist of at least 5 and not more than 9 directors (including its chairperson and the chief executive officer), each of whom shall be appointed by the majority-shareholding Minister, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform.
(3) The majority-shareholding Minister, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform, shall appoint one of the directors (other than the chief executive officer) to be its chairperson.
(4) The board of directors may act notwithstanding one or more vacancies among its directors subject to having a quorum of 3.
(5) There may be paid to the directors, out of moneys at the disposal of the network company, such allowances for expenses incurred by them as the majority-shareholding Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.
(6) The majority-shareholding Minister shall, in so far as is practicable, endeavour to ensure that among the directors there is an equitable balance between men and women.
(7) A director (other than the chief executive officer) shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the majority-shareholding Minister shall determine.
(8) A director (other than the chief executive officer) whose term of office expires by effluxion of time shall be eligible for reappointment to the board of directors provided he or she does not hold office for more than 2 terms of office, whether the terms are served consecutively or otherwise.
(9) An appointment to the board of directors and the appointment of the company secretary of that board of directors shall each be subject to such terms and conditions as are set out in the constitution of the network company.
(10) A person shall not be appointed or act as a director if he or she is a director or an officer of a company or other body corporate which engages, within or outside the State, in—
(a) the supply of natural gas,
(b) the shipping of natural gas,
(c) the production of natural gas,
(d) the supply of electricity, or
(e) the generation of electricity.
(11) (a) The majority-shareholding Minister may, at any time, remove a director (other than the chief executive officer) from office if the majority-shareholding Minister is of the opinion that—
(i) the director has become incapable through ill-health of performing the functions of such director,
(ii) the director has committed stated misbehaviour,
(iii) the director has contravened subsection (10) or section 10(1), or
(iv) the removal of the director appears to the majority-shareholding Minister to be necessary for the effective performance by the network company of its functions.
(b) Where a person is removed from office pursuant to paragraph (a), he or she shall cease to be qualified, and cease, to be a director.
(12) A director may resign from office by giving notice in writing to the majority shareholding Minister of his or her resignation and the resignation shall take effect on the day on which the majority-shareholding Minister receives the notice.
(13) In this section and section 7B, ‘transfer day’ has the same meaning as it has in the Gas (Amendment) and Miscellaneous Provisions Act 2024.

Chief executive officer
7B. (1) Subject to subsection (6), the board of directors shall, with the consent of the majority-shareholding Minister, appoint the chief executive officer of the network company.

(2) The chief executive officer shall—
(a) carry on, manage and control generally, the administration of the network company, and
(b) advise the directors of the network company in relation to the performance by the network company of its functions.
(3) Subject to section 7A(2), the chief executive officer shall be an ex officio director but he or she shall not be the chairperson.
(4) The chief executive officer shall not hold any other office or occupy any other position in respect of which emoluments are payable or carry on any business without the consent of the board of directors of the network company.
(5) Subject to subsection (6), the chief executive officer shall hold office under a written contract of service for such term, and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as are specified in the contract, as may be determined by the board of directors with the approval of the majority-shareholding Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.
(6) The person who stands appointed as chief executive officer of the network company immediately before the transfer day shall, for the remainder of his or her term of office, continue to—
(a) hold that office upon and subject to the same terms and conditions as applied to his or her appointment immediately before the transfer day, and
(b) be an ex officio director.
(7) The chief executive officer may, with the consent of the majority shareholding Minister, be removed from office by the board of directors for stated reasons.”,
and
(d) in section 12—
(i) by the substitution of the following subsection for subsection (2):
“(2) Subsection (1) shall not operate to prohibit the disclosure of confidential information by a person referred to in that subsection where—
(a) the board of directors of the network company authorises the disclosure,
(b) the disclosure is made to the board of directors of the network company, the chief executive officer or a member of the staff of the network company,
(c) the disclosure is made in the performance of functions of the network company,
(d) the disclosure is made by or on behalf of the network company to the Minister, the majority-shareholding Minister, the Minister for Public Expenditure, National Development Plan Delivery and Reform or the Minister for Finance,
(e) the disclosure is made in compliance with a requirement of this Act or the Gas Act 1976 or is otherwise required by law,
(f) the disclosure is made by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 ,
(g) the disclosure is a protected disclosure (within the meaning of the Protected Disclosures Act 2014 ), or
(h) the disclosure is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether an offence under this Act or not).”,
and
(ii) by the insertion of the following subsection after subsection (3):
“(4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class D fine.”.

Amendment of Freedom of Information Act 2014
21. The Freedom of Information Act 2014 is amended, in Part 2 of Schedule 1, by the deletion of “Ervia”.

PART 4
Maritime Area Planning Act 2021
Chapter 1
Transfer of functions under Maritime Area Planning Act 2021
Definitions (Part 4)
22. In this Part—
“Act of 2021” means the Maritime Area Planning Act 2021 ;
“vesting day” means the day appointed under section 23 to be the vesting day.

Vesting day
23. The Minister shall by order appoint a day to be the vesting day for the purposes of this Chapter as soon as practicable after the coming into operation of this section and a reference in this Chapter to the “vesting day” shall be construed as a reference to the day so appointed.

Transfer of functions to Minister
24. The functions conferred on the Minister for Housing, Local Government and Heritage by or under the Act of 2021 are transferred to the Minister on the vesting day.

Transfer of administration and business
25. (1) The administration and business in connection with the performance of the functions transferred by section 24 are, on the vesting day, transferred to the Department of the Environment, Climate and Communications.
(2) References to the Department of Housing, Local Government and Heritage contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of the Environment, Climate and Communications.

Pending legal proceedings
26. Where, immediately before the vesting day, any legal proceedings are pending to which the Minister for Housing, Local Government and Heritage is a party and the proceedings have reference to the functions transferred by section 24 the name of the Minister shall, to the extent that they have such reference, be substituted for the Minister for Housing, Local Government and Heritage in those proceedings or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

Completion of certain matters commenced
27. (1) Anything commenced but not completed before the vesting day by or under the authority of the Minister for Housing, Local Government and Heritage may, in so far as it relates to a function transferred by section 24 , be carried on and completed by the Minister.
(2) On and from the vesting day—
(a) any draft DMAP in preparation on the vesting day by the Minister in his or her capacity as a competent authority (D), shall be continued by the Minister in his or her capacity as the competent authority (M), and
(b) in relation to a draft DMAP referred to in paragraph (a), any action taken by the Minister in his or her capacity as a competent authority (D) prior to the vesting day shall be deemed to have been taken by the Minister in his or her capacity as the competent authority (M) for the purposes of section 29 of the Act of 2021.
(3) In this section—
“competent authority (D)” has the same meaning as it has in Part 2 of the Act of 2021;
“competent authority (M)” has the same meaning as it has in Part 2 of the Act of 2021;
“DMAP” has the same meaning as it has in the Act of 2021.
Operation of certain instruments
28. (1) Every instrument (including any certificate or licence) granted or made in the performance of a function transferred by section 24 shall, if and in so far as it was operative immediately before the vesting day, continue to have effect from the vesting day as if it had been granted or made by the Minister.
(2) Notwithstanding subsection (1), a designation made by the Minister for Housing, Local Government and Heritage under section 20 of the Act of 2021 prior to the vesting day shall cease to have effect on and from the vesting day.

Construction of references to Minister for Housing, Local Government and Heritage
29. (1) References to the Minister for Housing, Local Government and Heritage contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 24 shall, from the vesting day, be construed as references to the Minister.
(2) References to the Minister for Housing, Local Government and Heritage contained in the constitution of any company in so far as they relate to any function transferred by section 24 shall, from the vesting day, be construed as references to the Minister.

Transfer of property, etc., to Minister
30. (1) All property, rights and liabilities held, enjoyed or incurred before the vesting day by the Minister for Housing, Local Government and Heritage in connection with any function transferred by section 24 are, on the vesting day, transferred to the Minister and, accordingly, without any further conveyance, transfer or assignment—
(a) the said property, real and personal, shall, from the vesting day, vest in the Minister,
(b) the said rights shall, from the vesting day, be enjoyed by the Minister, and
(c) the said liabilities shall, from the vesting day, be the liabilities of the Minister.
(2) All moneys, stocks, shares and securities transferred to the Minister by this section that, immediately before the vesting day, stand in the name of the Minister for Housing, Local Government and Heritage shall, upon the request of the Minister, be transferred into his or her name.

Chapter 2
Amendment of Maritime Area Planning Act 2021
Amendment of section 6 of Act of 2021
31. (1) Section 6 of the Act of 2021 is amended—
(a) in subsection (4), by the substitution of “twelve months” for “six months”,
(b) in subsection (8), by the substitution of “marine planning” for “maritime planning”, and
(c) in subsection (9), by the substitution of “marine planning” for “maritime planning”.
(2) This section shall come into operation on the commencement of section 6 of the Act of 2021.

Provision relating to first marine planning policy statement
32. (1) The Act of 2021 is amended by the insertion of the following section after section 6:
“6A. (1) For the avoidance of doubt, following the coming into operation of this section—
(a) a section 6 requirement shall apply to a thing done under a specified Act during the period of twelve months referred to in section 6(4) only where the Minister has prepared and published the first marine planning policy statement under section 6 prior to the thing being done, and
(b) a thing done under a specified Act shall not be invalid by reason only of being done under a specified Act otherwise than in accordance with a section 6 requirement during the period of twelve months referred to in section 6(4) where the Minister has not yet prepared and published the first marine planning policy statement under section 6 prior to the thing being done.
(2) For the avoidance of doubt—
(a) a section 6 requirement shall not apply to a thing done under a specified Act prior to the coming into operation of this section, and
(b) a thing done under a specified Act prior to the coming into operation of this section shall not be invalid by reason only of being done otherwise than in accordance with a section 6 requirement.
(3) In this section—
‘section 6 requirement’ means an obligation or requirement for a thing done under a specified Act—
(a) to be consistent with,
(b) not to cause any significant inconsistency with,
(c) to ascertain whether there is any inconsistency with, or
(d) to have regard to,
the marine planning policy statement;
‘specified Act’ means—
(a) this Act, or
(b) the Act of 2000.”.
(2) This section shall come into operation on the commencement of section 6 of the Act of 2021.

Amendment of section 10 of Act of 2021
33. Section 10(3) of the Act of 2021 is amended by the insertion of “, 20” after “section 5(2)”.

Amendment of section 20 of Act of 2021
34. Section 20 of the Act of 2021 is amended—
(a) in subsection (1) by the insertion of “by order,” after “the Minister may,”,
(b) in subsection (3)—
(i) by the substitution of “proposes to designate by order a public body” for “proposes to designate a public body”, and
(ii) by the substitution of “shall not make the order” for “shall not so designate the public body”,
(c) in subsection (4)—
(i) by the substitution of “designate, by order, a” for “designate a”, and
(ii) by the substitution of “before making the order” for “before so designating it”,
(d) by the substitution of the following subsection for subsection (5):
“(5) An order amending or revoking an order designating a public body as a competent authority (D) may provide for any matters ancillary or consequential to such amendment or revocation.”,
(e) by the deletion of subsection (6), and
(f) in subsection (7)—
(i) by the insertion of “by order” after “designate”, and
(ii) by the substitution of “such order being made” for “such designation”.

Amendment of section 29 of Act of 2021
35. Section 29(4) of the Act of 2021 is amended—
(a) by the substitution of the following paragraph for paragraph (i):
“(i) section 24(1) shall be treated as if the words ‘and submit the draft to the Minister’ were deleted;”,
and
(b) by the insertion of the following paragraph after paragraph (i):
“(ia) section 24(3) to (4) shall be treated as being deleted;”.


[Preamble.]
Court of Chancery or Exchequer in Ireland may in any suit order transfers to be made of stock, or issue injunctions to restrain transfers, &c. without making the Bank of Ireland a party, &c. on production of certificate from the Bank that such stock stands in their books.  [1.] It shall be lawful for his Majesty's courts of Chancery and Exchequer in Ireland, before or upon hearing any cause depending therein respectively, to order the governor and company of the Bank of Ireland to suffer a transfer of any stock standing in their books, whether the same be any government stock or the stock of the said Bank of Ireland, to be made, or to pay any accrued or accruing dividends thereon, belonging to or standing in the name or names of any party to a suit, as such courts may deem just, or to issue an injunction to restrain them from suffering any transfer of such stock, or from paying any dividends or interest accruing or accrued thereon, although such governor and company are not or shall not be parties to the suit in which such decree or order shall be made, such courts being satisfied by the certificate of the accountant of the said corporation duly signed by him, as herein-after is directed, that the stock required to be transferred is standing in their books, in the name of the persons or person required to transfer the same, or of the persons or person to whom they or he are or is the legal representative; and that after due service of a short order upon the said governor and company or their proper officer, which shall contain no recital of the pleadings or other matter than the title of the cause and the ordering part of such decree or order with respect to the said governor and company, like process shall issue to enforce such order or decree as to enforce them against any party to a suit depending in such court.

Mode of obtaining such certificate.                                                                                2. Upon request in writing, signed by the clerk in court, and the solicitor, if the same shall be in the Court of Chancery, and if the same shall be in the Court of Exchequer, then by the attorney concerned in the cause for the party applying, which shall state the cause and for what parties they are concerned, the governor and company of the Bank of Ireland shall deliver or cause to be delivered to the said clerk in court and solicitor, or one of them, or to such attorney (as the case may be) a certificate signed by their accountant, stating the amount of such stock or dividends, and in whose names or name such stock is standing in their books, and, if it be particularly required (but not otherwise), and if the same shall be practicable, also stating the time when such stock, or any part thereof, was transferred, and by whom; for the signing of which request in writing there shall be paid to such clerk in court a fee of six shillings and eight-pence, and no more, and to such solicitor for the drawing, copying, and delivering at the Bank, and to such attorney altogether a fee of thirteen shillings and four-pence, and no more, and to the officer for making and delivering such certificate a fee of two shillings and sixpence, and no more: Provided nevertheless, that nothing herein contained shall extend to any case where any further discovery is wanted than what is herein-before expressly mentioned nor to any case where the said governor and company claim any interest in or lien upon the said fund; but that in such cases it shall be necessary to make them a party to such suit as if this Act had never been made; and that if any special matter shall arise which, in the opinion of the said governor and company, shall affect their interest, or which might be objected against suffering such transfer of stock or payment of dividends, it shall be lawful for them to state such matter to the court by motion or petition in such suit; and that execution of process to compel such transfer or payment shall be suspended until final order shall be made thereon.

Fees.
Proviso as to cases in which Bank is interested, &c.
Bank may state special matters by motion or petition.
[S. 3 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
Extension of provisions herein-before contained to canal companies.                                                                                4. All the several regulations and provisions herein-before enacted shall extend mutatis mutandis to every case where any canal company have or shall have any stock standing in the books of such respective corporations, which may now be or here-after may become the subject of any suit in equity or incidental thereto; saving to the said corporations respectively the like right of being made a party, or applying by motion or petition in such suits, as is before reserved or given to the Bank of Ireland.


[25th December , 2018]
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 Employment (Miscellaneous Provisions) Act 2018.
(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.
(3) This Act, except insofar as it is already in operation pursuant to an order or orders under subsection (2), shall come into operation no later than 3 months after the date of its passing.

Interpretation
2. In this Act—
“Act of 1994” means the Terms of Employment (Information) Act 1994 ;
“Act of 1997” means the Organisation of Working Time Act 1997 ;
“Minister” means the Minister for Employment Affairs and Social Protection.

Repeals
3. The following are repealed:
(a) paragraphs (a), (b), (f) and (g) of section 3(1) of the Act of 1994, and
(b) section 16 of the National Minimum Wage Act 2000 .
PART 2
Amendment of Unfair Dismissals Act 1977
Amendment of Unfair Dismissals Act 1977
4. Section 8 (amended by the Workplace Relations Act 2015 ) of the Unfair Dismissals Act 1977 is amended, by the insertion of the following subsection after subsection (12):
“(13) (a) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.

(b) A person to whom a notice under paragraph (a) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.
(c) A person to whom a notice under paragraph (a) has been given who—
(i) fails or refuses to comply with the notice, or
(ii) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,
shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.”.

PART 3
Amendment of Act of 1994
Amendment of section 1 of Act of 1994
5. Section 1(1) of the Act of 1994 is amended by the insertion of the following definition:
“ ‘Commission’ means the Workplace Relations Commission;”.
Amendment of section 2 of Act of 1994
6. Section 2 of the Act of 1994 is amended by the substitution of the following subsection for subsection (1):
“(1) This Act, other than section 3(1A), shall not apply to employment in which the employee has been in the continuous service of the employer for less than 1 month.”.

Amendment of section 3 of Act of 1994
7. Section 3 of the Act of 1994 is amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) Without prejudice to subsection (1), an employer shall, not later than 5 days after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say:
(a) the full names of the employer and the employee;
(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014 );
(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;
(d) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act 2000 ;
(e) the number of hours which the employer reasonably expects the employee to work—
(i) per normal working day, and
(ii) per normal working week.”,
(b) by the insertion of the following subsection after subsection (1A):
“(1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith.”,
(c) by the substitution of the following subsection for subsection (2):
“(2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee’s employment ends before the end of the period within which the statement is required to be given.”,
(d) in subsection (3), by the substitution of “paragraph (d) of subsection (1A) or paragraphs” for “paragraphs (g),”,
(e) in subsection (4), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,
(f) in subsection (5), by the substitution of “a statement furnished under this section” for “the said statement”, and
(g) in subsection (6)(a), by the substitution of “subsection (1) or (1A)” for “subsection (1)”.

Amendment of section 4 of Act of 1994
8. Section 4(1) of the Act of 1994 is amended by the substitution of “containing the particulars specified in subsections (1) and (1A) of section 3” for “under section 3”.

Amendment of section 6 of Act of 1994
9. Section 6(1) of the Act of 1994 is amended by the substitution of “containing the particulars specified in subsections (1) and (1A) of section 3” for “under section 3”.

Offences
10. The Act of 1994 is amended by the insertion of the following section after section 6A:
“6B.(1) An employer who, without reasonable cause, fails to provide an employee with a statement required by section 3(1A), within one month of the date of the commencement of that employee’s employment, shall be guilty of an offence.

(2) An employer who deliberately provides false or misleading information to an employee, or who is reckless as to whether or not false or misleading information is provided, as part of the statement required by section 3(1A), shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.
(4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission.
(6) Where a person is convicted of an offence under this section the court shall order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.
(7) In proceedings for an offence under this section, it shall be a defence for the accused to prove that he or she exercised due diligence and took reasonable precautions to ensure that this Act was complied with by the accused and by any person under the control of the accused.
(8) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.”.

Protection against penalisation
11. The Act of 1994 is amended by the insertion of the following section after section 6B:
“6C. (1) An employer shall not penalise or threaten penalisation of an employee for—
(a) invoking any right conferred on him or her by this Act,
(b) having in good faith opposed by lawful means an act that is unlawful under this Act,
(c) giving evidence in any proceedings under this Act, or
(d) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.
(2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014 .
(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that subsection (1) has been contravened, it shall be presumed until the contrary is proved that the employee concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.
(4) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of that penalisation both under this Act and under those Acts.
(5) In this section ‘penalisation’ means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—
(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,
(b) demotion or loss of opportunity for promotion,
(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,
(d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and
(e) coercion or intimidation.”.
Amendment of section 7 of Act of 1994
12. Section 7 of the Act of 1994 is amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) An employee shall not be entitled to present a complaint under Part 4 of the Workplace Relations Act 2015 in respect of a contravention of section 3(1A)—
(a) unless the employee has been in the continuous service of the employer for more than 1 month, or
(b) if the employer concerned has been prosecuted for an offence under this Act in relation to the same contravention.”,
(b) in subsection (2)—
(i) by substituting “section 3, 4, 5, 6 or 6C” for “section 3, 4, 5 or 6” in each place where it occurs,
(ii) in paragraph (d), by the insertion of “in relation to a complaint of a contravention under section 3, 4, 5 or 6, and without prejudice to any order made under paragraph (e)” before “order the employer”,
and
(c) by the insertion of the following paragraph after paragraph (d):
“(e) in relation to a complaint of a contravention under section 6C, and without prejudice to any order made under paragraph (d), order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .”.

PART 4
Amendment of Act of 1997
Amendment of section 2 of Act of 1997
13. Section 2(1) of the Act of 1997 is amended by the insertion of the following definitions:
“ ‘adjudication officer’ means an adjudication officer appointed under section 40 of the Workplace Relations Act 2015 ;
‘collective bargaining’ shall be construed in accordance with the Industrial Relations Acts 1946 to 2015.”.

Amendment of section 5 of Act of 1997
14. Section 5 of the Act of 1997 is amended by the substitution of “16, 17 or 18A” for “16 or 17”.

Amendment of section 18 of Act of 1997
15. The Act of 1997 is amended by the substitution of the following section for section 18:
“Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances
18. (1) This section applies to an employee whose contract of employment operates to require the employee to make himself or herself available to work for the employer in a week—
(a) a certain number of hours (‘the contract hours’),
(b) as and when the employer requires him or her to do so, or
(c) both a certain number of hours and otherwise as and when the employer requires him or her to do so,
and the requirement is not one that is held to arise by virtue only of the fact, if such be the case, of the employer having engaged the employee to do work of a casual nature for him or her on occasions prior to that week (whether or not the number of those occasions or the circumstances otherwise touching the engagement of the employee are such as to give rise to a reasonable expectation on his or her part that he or she would be required by the employer to do work for the employer in that week).

(2) In a contract for a certain number of hours of work referred to in paragraphs (a) and (c) of subsection (1), the number of hours concerned shall be greater than zero.
(3) Notwithstanding subsection (1), subsection (2) shall not apply to—
(a) work done in emergency circumstances, or
(b) short-term relief work to cover routine absences for that employer.
(4) If an employer does not require an employee to whom this section applies to work for the employer in a week referred to in subsection (1)—
(a) in a case falling within paragraph (a) of that subsection, at least 25 per cent of the contract hours, or
(b) in a case falling within paragraph (b) or (c) of that subsection where work of the type which the employee is required to make himself or herself available to do has been done for the employer in that week, at least 25 per cent of the hours for which such work has been done in that week,
then the employee shall, subject to this section, be entitled—
(i) in a case where the employee has not been required to work for the employer at all in that week, to be paid by the employer the pay he or she would have received if he or she had worked for the employer in that week whichever of the following is less, namely—
(I) the percentage of hours referred to in paragraph (a) or (b), as the case may be, or
(II) 15 hours,
(ii) in a case where the employee has been required to work for the employer in that week less than the percentage of hours referred to in paragraph (a) or (b), as the case may be (and that percentage of hours is less than 15 hours), to have his or her pay for that week calculated on the basis that he or she worked for the employer in that week the percentage of hours referred to in paragraph (a) or (b), as the case may be,
and the minimum payment shall be calculated as 3 times the national minimum hourly rate of pay within the meaning of the National Minimum Wage Acts 2000 and 2015 or 3 times the minimum hourly rate of remuneration established by an employment regulation order, for the time being in force, on each occasion that this occurs.

(5) Subsection (4) shall not apply—
(a) if the fact that the employee concerned was not required to work in the week in question the percentage of hours referred to in paragraph (a) or (b) of that subsection, as the case may be—
(i) constituted a lay-off or a case of the employee being kept on short-time for that week, or
(ii) was due to exceptional circumstances or an emergency (including an accident or the imminent risk of an accident), the consequences of which could not have been avoided despite the exercise of all due care, or otherwise to the occurrence of unusual and unforeseeable circumstances beyond the employer’s control,
or
(b) if the employee concerned would not have been available, due to illness or for any other reason, to work for the employer in that week the said percentage of hours.
(6) The reference in subsection (4)(b) to the hours for which work of the type referred to in that provision has been done in the week concerned shall be construed as a reference to the number of hours of such work done in that week by another employee of the employer concerned or, in case that employer has required 2 or more employees to do such work for him or her in that week and the number of hours of such work done by each of them in that week is not identical, whichever number of hours of such work done by one of those employees in that week is the greatest.
(7) References in this section to an employee being required to make himself or herself available to do work for the employer shall not be construed as including references to the employee being required to be on call, that is to say to make himself or herself available to deal with any emergencies or other events or occurrences which may or may not occur.
(8) Nothing in this section shall affect the operation of a contract of employment that entitles the employee to be paid wages by the employer by reason, alone, of the employee making himself or herself available to do, at the times and place concerned, the work concerned.”.

Banded hours
16. The Act of 1997 is amended by the insertion of the following section after section 18:
“18A.(1) Where an employee’s contract of employment or statement of terms of employment does not reflect the number of hours worked per week by an employee over a reference period, the employee shall be entitled to be placed in a band of weekly working hours specified in the Table to this section.

(2) In accordance with subsection (1), where an employee believes that he or she is entitled to be placed in a band of weekly working hours, he or she shall inform the employer and request, in writing, to be so placed.
(3) The employee shall be placed by the employer in a band of weekly working hours from a date that is not greater than 4 weeks from the date the employee made the request under subsection (2).
(4) The band of weekly working hours on which the employee is entitled to be placed shall be determined by the employer on the basis of the average number of hours worked by that employee per week during the reference period.
(5) An employer may refuse to place an employee on the band requested—
(a) where there is no evidence to support the claim in relation to the hours worked in the reference period,
(b) where there has been significant adverse changes to the business, profession or occupation carried on by the employer during or after the reference period,
(c) in circumstances to which section 5 applies, or
(d) where the average of the hours worked by the employee during the reference period were affected by a temporary situation that no longer exists.
(6) This section shall not apply to banded hour arrangements which have been entered into by agreement following collective bargaining.
(7) An employee placed on a band of weekly working hours shall work hours the average of which shall fall within that band for a period of not less than 12 months following that placement.
(8) Where an employee believes that his or her employer has failed to place the employee in a band of weekly working hours in accordance with subsection (3), having been requested to do so under subsection (2) or unreasonably refused a request to be placed on a band of weekly working hours, the employee may make a complaint in accordance with Part 4 of the Workplace Relations Act 2015 .
(9) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a failure to comply with this section shall do one or more of the following, namely—
(a) declare that the complaint was or, as the case may be, was not well founded, and
(b) where the decision is that the complaint was well founded, require the employer to comply with this section and place the employee on the appropriate band of hours.
(10) Notwithstanding section 27(3)(c), a decision in accordance with subsection (9)(b) shall not order an employer to pay compensation to the employee for the employer’s failure to comply with this section.
(11) Either party to proceedings under subsection (8) may appeal a decision of an adjudication officer to the Labour Court in accordance with section 44 of the Workplace Relations Act 2015 .
(12) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 , on appeal from a decision of an adjudication officer referred to in this section shall affirm, vary or set aside the decision of the adjudication officer.
(13) Nothing in this section requires an employer to offer hours of work in a week where the employee was not expected to work, or requires an employer to offer hours of work in a week where the employer’s regular occupation, profession or trade is not being carried out.
(14) In this section ‘reference period’ means a period of 12 months after the commencement of employment with the employer and immediately before the employee makes a request under subsection (2), and a continuous period of employment with that employer occurring immediately before the commencement of section 18A shall be reckonable for the purposes of this section.

TABLE
Bands of weekly working hours
Band  From  To
”.
Protection against penalisation
17. The Act of 1997 is amended by the substitution of the following section for section 26:
“26. (1) An employer shall not penalise or threaten penalisation of an employee for—
(a) invoking any right conferred on him or her by this Act,
(b) having in good faith opposed by lawful means an act that is unlawful under this Act,
(c) giving evidence in any proceedings under this Act, or
(d) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.
(2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014 .
(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint of a failure to comply with subsection (1) it shall be presumed until the contrary is proved that the employee concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.
(4) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of that penalisation both under this Act and under those Acts.
(5) In this section ‘penalisation’ means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—
(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,
(b) demotion or loss of opportunity for promotion,
(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,
(d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and
(e) coercion or intimidation.”.
PART 5
Amendment of National Minimum Wage Act 2000
Amendment of National Minimum Wage Act 2000
18. The National Minimum Wage Act 2000 is amended—
(a) by the substitution of the following section for section 14:
“14. Subject to sections 15, 17, 18 and 41, an employee shall be remunerated by his or her employer in respect of the employee’s working hours in any pay reference period, at an hourly rate of pay that on average is not less than the national minimum hourly rate of pay.”,
(b) by the substitution of the following section for section 15:
“Prescription of percentages of hourly rates of pay
15. (1) The Minister shall prescribe a percentage of the national minimum hourly rate of pay in relation to employees—
(a) who have not attained the age of 18 years,
(b) who are 18 years of age, and
(c) who are 19 years of age.
(2) Subject to sections 17, 18 and 41, an employee to whom subsection (1) relates shall be remunerated by his or her employer in respect of the employee’s working hours in any pay reference period at an hourly rate of pay that on average is not less than the percentage of the national minimum hourly rate of pay prescribed under that subsection in relation to that employee.
(3) In prescribing percentages under subsection (1), the Minister shall have regard to the condition of the labour market, the costs of employment, levels of youth employment and levels of youth unemployment.
(4) In prescribing percentages under subsection (1), the Minister shall not prescribe a percentage that is—
(a) in the case of employees who have not attained the age of 18 years, less than 70 per cent,
(b) in the case of employees who are 18 years of age, less than 80 per cent, and
(c) in the case of employees who are 19 years of age, less than 90 per cent,
of the national minimum hourly rate of pay.”.
PART 6
Amendment of Workplace Relations Act 2015
Amendment of Workplace Relations Act 2015
19. The Workplace Relations Act 2015 is amended—
(a) in section 36(5) by the substitution of the following paragraphs for paragraph (b) and (c):
“(b) subsection (4) of section 4 of the Payment of Wages Act 1991 ,
(c) section 23 of the National Minimum Wage Act 2000 , or
(d) section 6B of the Terms of Employment (Information) Act 1994 .”,
and
(b) in Part 1 of Schedule 5, by the substitution of “ Section 3 , 4 , 5 , 6 or 6C of the Terms of Employment (Information) Act 1994 ” for “ Section 3 , 4 , 5 or 6 of the Terms of Employment (Information) Act 1994 ”.


Magistrates taking assistance required to resort to unlawful riotous assemblies, endeavour to disperse, and seise offenders; and indemnified for killing, maiming, or hurting;  no prosecution against them unless in 12 months.

WHEREAS of late many unlawful, riotous, and tumultuous assemblies have been in divers parts of this kingdom: and whereas it is the duty of justices of the peace, and of the sheriff, and under sheriff of the county, where any unlawful riot or tumultuous assembly shall be, taking with them, if need be, the power of the county, to arrest the offenders so as to bring them to justice: be it therefore 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, That on notice or knowledge of any such unlawful, riotous, and tumultuous assembly every justice of the peace, sheriff, under sheriff, mayor, bailiff, and other head officer within the limits of their respective jurisdictions, taking with them the necessary assistance, (and they are hereby authorized and impowered to command all his Majesty's subjects of age and ability, to be assisting to them therein) shall resort to the place, where such unlawful, riotous, and tumultuous assembly shall be, and there use their utmost endeavours to disperse the same, and to apprehend and seize the offenders in order to their being proceeded against according to law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing, or apprehending, or the endeavouring to disperse, seize, and apprehend them, that then every such justice of the peace, sheriff, under sheriff, mayor, bailiff, head officer, or other peace officer, and all and singular persons being aiding or assisting to them or any of them, shall be freed, discharged, and indemnified as well against the King's Majesty, his heirs and successors, as against all and every other person and persons of, for, or concerning the killing, maiming, or hurting any such person or persons so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt as aforesaid; and that no prosecution whatsoever shall be had or carried on against such justice or justices of the peace, sheriff, under sheriff, mayor, bailiff, head officer, or other peace officer, or person so aiding or assisting as aforesaid, on account of any such killing, maiming, or hurting, unless the same shall be commenced within twelve months next following.


6 & 7W. 4.c. 84.
Lord Lieutenant in Council authorized, on Report of Boundary Surveyors, to order certain Townlands, comprising a detached Portion of the County of Mayo, to be annexed to the County of Roscommon, within which they are locally situated;
and to make such supplemental Order in respect thereof as said Lord Lieutenant and Council are authorized to make in respect of any detached Portion of a County annexed to any other County under 6 & 7W. 4. c.84.

‘Whereas by an Act passed in the Sixth and Seventh Years of the Reign of His Majesty King William the Fourth, intituled An Act to consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland; and to incorporate certain detached Portions of Counties and Baronies with those Counties and Baronies respectively whereto the same may adjoin or wherein the same are locally situate, it is amongst other things enacted, that whenever the Surveyors or Persons appointed by the Lord Lieutenant of Ireland to ascertain and mark out the reputed Boundaries of any County in Ireland shall find that there is any detached or isolated Portion of any one County locally situated within any other County, the said Surveyors or Persons shall make a Report thereof to the said Lord Lieutenant in Council; and the said Lord Lieutenant in Council shall be thereupon authorized and required to make Order directing such detached or isolated Portion of a County to be annexed to and incorporated with the County wherein the same may be locally situate: And whereas the Townlands of Aughalusta, Lission, Cappagh, Roosky Banada, and Keel Banada, comprise a detached Portion of the County of Mayo in Ireland, being separated from that County by the River Lung, and are situated within the County of Roscommon, although not completely isolated therein; and it is expedient, for the Purpose of the General Survey of Ireland now carrying on under the Direction of the Master General and Board of Ordnance, and for the Purpose of the Valuation consequent upon such Survey, that such detached Portion of the County of Mayo should be comprised and included in the County of Roscommon, so that the said Counties of Mayo and Roscommon may respectively consist of One continuous Tract of Land:’ Be it therefore enacted by the Queen’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, That whenever the Surveyors or Persons appointed by the said Lord Lieutenant to ascertain and mark out the reputed Boundaries of each or any County, Barony, Half Barony, Parish, or other Division or Denomination of Land in Ireland, with a view to the more effectual Execution of the General Survey now in progress throughout Ireland under the Direction of Officers appointed by the Master General and Board of Ordnance, pursuant to the Provisions of an Act passed in the Sixth Year of the Reign of His Majesty King George the Fourth, intituled An Act to repeal an Act of the last Session of Parliament relative to the forming Tables of Manors, Parishes, and Townlands in Ireland, and to make Provision for ascertaining the Boundaries of the same, shall find that the said Townlands comprise a detached Portion of the County of Mayo, and that they are separated from the said County by the River Lung, and are locally situated within the County of Roscommon, although not completely isolated therein, the said Surveyors or Persons shall make a Report to the said Lord Lieutenant in Council, stating the Situation of such detached Portion of the County of Mayo and of the adjoining County of Roscommon, and describing the same in a Plan or Map to be annexed to such Report; and thereupon such Lord Lieutenant in Council shall make Order directing such detached Portion of the County of Mayo to be annexed to and incorporated with the County of Roscommon, and shall and may by such Order limit and determine the Purposes to which such Union and Annexation shall extend, and fix and declare from what Period the same shall take effect, and settle and adjust all such other Matters and Things in respect thereof as the said Lord Lieutenant and Council are required and authorized to settle and adjust in Cases where they shall direct any detached Portion of a County to be annexed to and incorporated with any other County, under the Provisions of the said recited Act of the Sixth and Seventh Years of the Reign of His Majesty King William the Fourth; and that it shall be lawful for the said Lord Lieutenant in Council, from Time to Time as Occasion may require, to make such and the like supplemental Order or Orders, for removing such Doubts or settling such Disputes as may arise in consequence of the Changes effected by virtue of the Provisions in this Act contained, as the said Lord Lieutenant and Council are authorized to make in consequence of any Changes effected in Cases where any detached Portion of a County is directed to be annexed to and incorporated with any other County under the Provisions of the said recited Act of the Sixth and Seventh Years of the Reign of His Majesty King William the Fourth; and such Order or supplemental Order shall be made and dealt with in the like Manner, and be of the like Validity and Effect, as any Order or supplemental Order made under the Provisions of the said last-mentioned Act: Provided always, that if any Person, being Owner or Proprietor of any Portion of any of the said Townlands respectively, shall refuse his Concurrence to such Annexation or Incorporation, and shall declare such Refusal, in Writing, to the said Lord Lieutenant, within. Three Months after the passing of this Act, the Townland whereof, or of any Portion whereof, he is Owner or Proprietor, shall be excluded from the Operation of this Act.

Provisions of G & 7 W. 4. c. 84. in respect of detached Portions of a County annexed to any other County extended to this Act.  II. And be it enacted, That all the Clauses, Powers, Provisions, Regulations, Penalties, and Forfeitures in the said last-mentioned Act contained, in relation to the ascertaining and making out the Boundaries of any detached or isolated Portion of any County, or in relation to any detached or isolated Portion of a County annexed to or incorporated with any other County under and by virtue of the Authority therein contained, shall extend and apply, as far as the same are applicable, to this Act, as fully and effectually as if such Clauses, Powers, Provisions, Regulations, Penalties, and Forfeitures were herein set forth and re-enacted, and that the said last-recited Act and this Act shall be construed together as One Act to all Intents and Purposes whatsoever.

Act may be amended, &c.                                                                                III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.