[Preamble recites 21 & 22 Geo. 3. (I.) c. 16; 48 Geo. 3. c. 103; 1 & 2 Geo. 4. c. 72; 6 Geo. 4. c. 42; 11 Geo. 4. & 1 Will 4. c. 32; 3 & 4 Vict. c. 75; 7 & 8 Vict. c. 32. s. 10; and advances by the Bank of Ireland for the public service amounting to 2,630,769l.4s. 8d.]

Banking copartnerships, &c. may carry on business in Dublin or within 50 miles thereof.                                                                                [1.] . . . it shall and may be lawful for any persons exceeding six in number united or to be united in societies or partnerships, or for any bodies politic or corporate, to transact or carry on the business of bankers in Ireland at Dublin, and at every place within fifty miles thereof, as freely as persons exceeding six in number united as aforesaid may lawfully carry on the same business at any place in Ireland beyond the distance of fifty miles from Dublin: Provided always, that every member of any such society, partnership, bodies politic or corporate, shall be liable and responsible for the due payment of all the debts and liabilities of the corporation or co-partnership of which such person shall be a member, any agreement, covenant, or contract to the contrary notwithstanding.

Members to be individually liable.
Repayment of advances by Bank of Ireland charged on consolidated fund, &c.                                                                                2. The repayment of the said sum of two million six hundred and thirty thousand seven hundred and sixty nine pounds four shillings and eight pence shall be and the same is hereby made chargeable upon the consolidated fund of the United Kingdom of Great Britain and Ireland until Parliament shall otherwise provide . . .

[S. 3 rep. 28 & 29 Vict. c. 16. s. 1.]
Bank of Ireland may be dissolved on 12 months notice after 1st of January 1855, and repayment of capital sum advanced, and arrears of annuity.                           4. Upon twelve months notice, to be published in the Dublin Gazette by order of the lord-lieutenant, that the said corporation of the Bank is to be disolved, and upon repayment by Parliament to the Bank of Ireland, or their successors, of the said sum of two million six hundred and thirty thousand seven hundred and sixty-nine pounds four shillings and eight-pence, together with all arrears of interest or annuity due in respect thereof, then and in such case the said interest or annuity shall, from and after the expiration of twelve months after such notice published, cease and determine, and the said corporation shall be dissolved. [S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R)]

3 & 4 Will, c. 98. s. 6.                                                                                6. And whereas by the Bank of England Act, 1833, it was enacted, that from and after the first day of August one thousand eight hundred and thirty-four, unless and until Parliament should otherwise direct, a tender of a note or notes of the Bank of England, expressed to be payable to bearer on demand, should be a legal tender to the amount expressed in such note or notes, and should be taken to be valid as a tender to such amount for all sums above five pounds on all occasions on which any tender of money may be legally made, so long as the Bank of England should continue to pay on demand their said notes in legal coin; provided always, that no such note or notes should be deemed a legal tender of payment by the Bank of England, or any branch bank: of the said governor and company: And whereas doubts have arisen as to the extent of the said enactment: For removal whereof, be it enacted and declared, that nothing in the said last-recited Act contained shall extend or be construed to extend to make the tender of a note or notes of the Bank of England a legal tender in Ireland: Provided also, that nothing in this Act shall be construed to prohibit the circulation in Ireland of the notes of the Bank of England as heretofore.

Bank of England notes not a legal tender in Ireland.
Proviso.
Oaths to be taken by directors, &c. of the Bank of Ireland.                                                                                7. It shall not be necessary for any governor, deputy-governor, or director of the said Bank, before acting in the said several offices or trusts, . . . to take any other oaths than the oath of allegiance, the oath of qualification by possession of stock, and the oath of fidelity to the corporation, prescribed in and by the charter of incorporation of the said Bank, and it shall not be necessary for any member of the said corporation, before voting in any general court . . . to take any other oaths than the oaths of allegiance, the oath of qualification by the possession of stock, and the oath of fidelity to the said corporation, provided in the said charter of incorporation: Provided always, that in case any of the persons called Quakers shall at any time be chosen governor, deputy-governor, or director, or shall be or become a member of the said corporation, it shall be sufficient for such person or persons to make his or their solemn affirmation, to the purport and effect of the oaths prescribed by the said charter and by this Act to be taken by governors, deputy governors, directors, or members respectively of the said corporation.

Existing banks of issue may continue to issue.                                                                                8. [Provision authorising commissioners of stamps to certify existing banks of issue and limitation of issue, rep. 54 & 55 Vict. c 67. (S.L.R.)] it shall be lawful for every such banker to continue to issue his own bank notes, to the extent of the amount so certified, and of the amount of the gold and silver coin held by such banker, in the proportion and manner hereinafter mentioned, but not to any further extent; and it shall not be lawful for any banker to make or issue bank notes in Ireland, save and except only such bankers as shall have obtained such certificate from the commissioners of stamps and taxes.

Prohibition of issue by uncertified bankers.
Provision for banks united within 12 months before 1st May, 1845.                                                                                9. Provided always, that if it shall be made to appear to the commissioners of stamps and taxes that any two or more banks have, by written contract or agreement, (which contract or agreement shall be produced to the said commissioners,) become united within the year next preceding such first day of May one thousand eight hundred and forty-five, it shall be lawful for the said commissioners to ascertain the average amount of the notes of each such bank in the manner herein-before directed, and to certify a sum equal to the average amount of the notes of the two or more banks so united as the amount which the united bank shall thereafter be authorized to issue, subject to the regulations of this Act.

Duplicate of certificate to be published in the Gazette.                                                                                10. The commissioners of stamps and taxes shall, at the time of certifying to any banker such particulars as they are herein-before required to certify, also publish a duplicate of their certificate thereof in the next succeeding Dublin Gazette in which the same may be conveniently inserted; and the Gazette in which such publication shall be made shall be conclusive evidence in all courts whatsoever of the amount of bank notes which the banker named in such certificate or duplicate is by law authorized to issue and to have in circulation as aforesaid, exclusive of an amount equal to the monthly average amount of the gold and silver coin held by such banker, as herein provided.

Gazette to be evidence.
In case banks become united, commissioners to certify the amount of bank notes which each bank was authorized to issue; and united bank may issue the aggregate amount.  11. In case it shall be made to appear to the commissioners of stamps and taxes, at any time hereafter, that any two or more banks have, by written contract or agreement, (which contract or agreement shall be produced to the said commissioners,) become united, it shall be lawful to the said commissioners, upon the application of such united bank, to certify, in manner herein-before mentioned, the aggregate of the amount of bank notes which such separate banks were previously authorized to issue under the separate certificates previously delivered to them, and so from time to time; and every such certificate shall be published in manner herein-before directed; and from and after such publication the amount therein stated shall be and be deemed to be the limit of the amount of bank notes which such united bank may have in circulation, exclusive of an amount equal to the monthly average amount of the gold and silver coin held by such banker, as herein provided.

Banks entitled to the privilege of issuing notes may. agree with Bank of Ireland to relinquish the same;                                                                 12. It shall be lawful for any banker in Ireland who under the provisions of this Act is entitled to issue bank notes to contract and agree with the governor and company of the Bank of Ireland, by an agreement in writing, for the relinquishment of the privilege of issuing such notes in favour of the said governor and company; and in each such case a copy of such agreement shall be transmitted to the commissioners of stamps and taxes; and the said commissioners shall thereupon certify, in manner herein-before mentioned, the aggregate of the amount of bank notes which the Bank of Ireland and the banker with whom such agreement shall have been made were previously authorized to issue under the separate certificates previously delivered to them; and every such certificate shall be published in manner herein-before directed; and from and after such publication the amount therein stated shall be the limit of the amount of bank notes which the Bank of Ireland may have in circulation exclusive of an amount equal to the amount of the gold and silver coin held by the Bank of Ireland, as herein provided.

and issue of Bank of Ireland may thereupon be increased.
Banks relinquishing not to resume the issue.                                                                                13. It shall not be lawful for any banker who shall have so agreed to relinquish the privilege of issuing bank notes at any time thereafter to issue any such notes.

Limitation of bank notes which bankers may have in circulation.                                                                                14. It shall not be lawful for any banker in Ireland to have in circulation, upon the average of a period of four weeks, to be ascertained as herein-after mentioned, a greater amount of notes than an amount composed of the sums certified by the commissioners of stamps and taxes as aforesaid, and the monthly average amount of gold and silver coin held by such banker during the same period of four weeks, to be ascertained in manner herein-after mentioned.

Issue of notes for fractional parts of a pound prohibited.                                                                                15. All bank notes to be issued or re-issued in Ireland after the sixth day of December one thousand eight hundred and forty-five shall be expressed to be for payment of a sum in pounds sterling, without any fractional parts of a pound; and if any banker in Ireland shall from and after that day make, sign, issue, or re-issue any bank note for the fractional part of a pound sterling or for any sum together with the fractional part of a pound sterling, every such banker so making, signing, issuing, or re-issuing any such note as aforesaid shall for each note so made, signed, issued, or re-issued forfeit or pay the sum of twenty pounds.

Issuing banks to render accounts weekly of notes in circulation, and of coin held;                                                                                16. Every banker who after the sixth day of December one thousand eight hundred and forty-five shall issue bank notes in Ireland shall, on some one day in every week (such day to be fixed by the commissioners of stamps and taxes,) transmit to the said commissioners a just and true account of the amount of bank notes of such banker in circulation at the close of the business on the next preceding Saturday, distinguishing the notes of five pounds and upwards, and the notes below five pounds, and also an account of the total amount of gold and silver coin held by such banker at each of the head offices or principal places of issue in Ireland of such banker at the close of business on each day of the week ending on that Saturday, and also an account of the total amount of gold and silver coin in Ireland held by such banker at the close of business on that day; and on completing the first period of four weeks, and so on completing each successive period of four weeks, every such banker shall annex to such account the average amount of bank notes of such banker in circulation during the said four weeks, distinguishing the bank notes of five pounds and upwards, and the notes below five pounds, and the average amount of gold and silver coin respectively held by such banker at each of the head offices or principal places of issue in Ireland of such banker during the said four weeks, and also the amount of bank notes which such banker is, by the certificate published as aforesaid, authorized to issue under the provisions of this Act; and every such account shall be verified by the signature of such banker or his chief cashier, or in the case of a company or partnership by the signature of the chief cashier or other officer duly authorized by the directors of such company or partnership, and shall, be made in the form to this Act annexed marked (A.); and if any such banker shall neglect or refuse to render any such account in the form and at the time required by this Act, or shall at any time render a false account, such banker shall forfeit the sum of one hundred pounds for every such offence.

and to strike averages every four weeks.
Accounts to be in form in schedule (A.)
What shall be deemed to be bank notes in circulation.                                                                                17. All bank notes shall be deemed to be in circulation from the time the same shall have been issued by any banker, or any servant or agent of such banker, until the same shall have been actually returned to such banker, or some servant or agent of such banker.

Commissioners of stamps to make monthly returns in form in schedule(B.)                                                                                18. From the returns so made by each banker to the commissioners of stamps and taxes the said commissioners shall, at the end of the first period of four weeks after the said sixth day of December one thousand eight hundred and forty-five, and so at the end of each successive period of four weeks, make out a general return in the form to this Act annexed marked (B.) of the monthly average amount of bank notes in circulation of each banker in Ireland during the last preceding four weeks, and of the average amount of all the gold and silver coin held by such banker during the same period, and certifying, under the hand of any officer of the said commissioners duly authorized for that purpose, in the case of each such banker, whether such banker has held the amount of coin required by law during the period to which the said return shall apply, and shall publish the same in the next succeeding Dublin Gazette in which the same can be conveniently inserted.

Mode of ascertaining the average amount of bank notes of each banker in circulation, and coin held, during each period of four weeks after 6th December 1845.            19. For the purpose of ascertaining the monthly average amount of bank notes of each banker in circulation, the aggregate of the amount of bank notes of each such banker in circulation at the close of the business on the Saturday in each week during the first complete period of four weeks next after the sixth day of December one thousand eight hundred and forty-five shall be divided by the number of weeks, and the average so ascertained shall be deemed to be the average of bank notes of each such banker in circulation during such period of four weeks, and so in each successive period of four weeks; and the monthly average amount of gold and silver coin respectively held as aforesaid by such banker shall be ascertained in like manner from the amount of gold and silver coin held by such banker at the head offices or principal places of issue of such banker in Ireland, as after mentioned, at the close of business on such day in each week; and the monthly average amount of bank notes of each such banker in circulation during any such period of four weeks is not to exceed a sum made up by adding the amount certified by the commissioners of stamps and taxes as aforesaid and the monthly average amount of gold and silver coin held by such banker as aforesaid during the same period.

What shall be taken in the account of coin held by any banker, in respect of which notes may be issued.                                                                  20. In taking account of the coin held by any banker in Ireland with respect to which bank notes to a further extent than the sum certified as aforesaid by the commissioners of stamps and taxes may, under the provisions of this Act, be made and issued, there shall be included only the gold and silver coin held by such banker at the several head offices or principal places of issue in Ireland of such banker, such head offices or principal places of issue not exceeding four in number, of which not more than two shall be situated in the same province; and every banker shall give notice in writing to the said commissioners, on or before the sixth day of December next, of such head offices or principal places of issue at which the account of gold and silver coin held by him is to be taken as aforesaid; and no amount of silver coin exceeding one fourth part of the gold coin held by such banker as aforesaid shall be taken into account, nor shall any banker be authorized to make and issue bank notes in Ireland on any amount of silver coin held by such banker exceeding the proportion of one fourth part of the gold coin held by such banker as aforesaid.

Silver coin not to exceed the proportion of one quarter of gold.

Commissioners of stamps and taxes may cause the books of bankers, containing accounts of their bank notes in circulation, and of coin held, to be inspected.             21. [Recital.] All and every the book and books of any banker who shall issue bank notes under the provisions of this Act, in which shall be kept, contained, or entered any account, minute, or memorandum of or relating to the bank notes issued or to be issued by such bank, of or relating to the amount of such notes in circulation from time to time, or of or relating to the gold or silver coin held by such banker from time to time, or any account, minute, or memorandum the sight or inspection whereof may tend to secure the rendering of true accounts of the average amount of such notes in circulation and gold or silver coin held as directed by this Act, or to test the truth of any such account, shall be open for the inspection and examination at all seasonable times of any officer of stamp duties authorized in that behalf by writing signed by the commissioners of stamps and taxes, or any two of them; and every such officer shall be at liberty to take copies of or extracts from any such book or account as aforesaid, and to inspect and ascertain the amount of any gold or silver coin held by such banker; and if any banker or other person keeping any such book, or having the custody or possession thereof or power to produce the same, shall, upon demand made by any such officer showing (if required) his authority in that behalf, refuse to produce any such book to such officer for his inspection and examination, or to permit him to inspect and examine the same, or to take copies thereof or extracts therefrom, or of or from any such account, minute, or memorandum as aforesaid, kept, contained, or entered therein, or if any banker or other person having the custody or possession of any coin belonging to such banker shall refuse to permit or prevent the inspection of such gold and silver coin as aforesaid every such banker or other person so offending shall for every such offence forfeit the sum of one hundred pounds: Provided always, that the said commissioners shall not exercise the powers aforesaid without the consent of the Treasury.

Penalty for refusing to allow such inspection.
All bankers in Ireland to return their names, &c. once a year to the stamp office in Dublin.                                                                             22. Every banker in Ireland, other than the Bank of Ireland, who is now carrying on or shall hereafter carry on business as such, shall, on the first day of January in each year, or within fifteen days thereafter, make a return to the commissioners of stamps and taxes, at their office in Dublin, of his name, residence, and occupation, or, in the case of a company or partnership, of the name, residence, and occupation of every person composing or being a member of such company or partnership, and also the name of the firm under which such banker, company, or partnership carry on the business of banking, and of every place where such business is carried on; and if any such banker shall omit or refuse to make such return within fifteen days after the said first day of January, or shall wilfully make other than a true return of the persons as herein required, every banker so offending shall forfeit or pay the sum of fifty pounds; and the said commissioners of stamps and taxes shall on or before the first day of March in every year publish in the Dublin Gazette a copy of the return so made by every banker.

Returns to be published.
Penalty on banks issuing in excess.                                                                                23. If the monthly average circulation of bank notes of any banker, taken in the manner herein directed, shall at any time exceed the amount which such banker is authorized to issue and to have in circulation under the provisions of this Act, such banker shall in every such case forfeit a sum equal to the amount by which the average monthly circulation taken as aforesaid, shall have exceeded the amount which such banker was authorized to issue and to have in circulation as aforesaid.

[S. 24 rep. 45 & 46 Vict. c. 61. s. 96. S. 25 rep. 27 & 28 Vict. c. 20. s. 1 (temp.)]

Penalty on persons, other than bankers hereby authorized, issuing notes payable on demand for less than 5l.                                                              26. If any body politic or corporate or any person or persons shall from and after the said first day of January one thousand eight hundred and forty-six make, sign, issue, or re-issue in Ireland any promissory note payable on demand to the bearer thereof for any sum of money less than the sum of five pounds, except the bank notes of such bankers as are hereby authorized to continue to issue bank notes as aforesaid, then and in either of such cases every such body politic or corporate or person or persons so making, signing, issuing, or re-issuing any such promissory note as aforesaid, except as aforesaid, shall for every such note so made, signed, issued, or re-issued forfeit the sum of twenty pounds.

[S. 27 rep. 27 & 28 Vict. c. 20. s. 1. (temp.)]
Act not to prohibit checks on bankers.                                                                                28. Provided always, that nothing herein contained shall extend to prohibit any draft or order drawn by any person on his banker, or on any person acting as such banker, for the payment of money held by such banker or person to the use of the person by whom such draft or order shall be drawn.

Mode of enforcing penalties.                                                                                29. All pecuniary penalties under this Act may be sued or prosecuted for and recovered for the use of her Majesty, in the name of her Majesty’s attorney general or solicitor general in Ireland, or of the solicitor of stamps in Ireland, or of any person authorized to sue or prosecute for the same by writing under the hands of the commissioners of stamps and taxes, or in the name of any officer of stamp duties, by action of debt, bill, plaint, or information, in the Court of Exchequer in Dublin, or by civil bill in the court of the recorder, chairman, or assistant barrister within whose local jurisdiction any offence shall have been committed, in respect of any such penalty, or, in respect of any penalty not exceeding twenty pounds, by information or complaint before one or more justice or justices of the peace in Ireland, in such and the same manner as any other penalties imposed by any of the laws now in force relating to the duties under the management of the commissioners of stamps; and it shall be lawful in all cases for the commissioners of stamps and taxes, either before or after any proceedings commenced for recovery of any such penalty, to mitigate or compound any such penalty, as the said commissioners shall think fit, and to stay any such proceedings after the same shall have been commenced and whether judgment may have been obtained for such penalty or not, on payment of part only of any such penalty, with or without costs, or on payment only of the costs incurred in such proceedings, or of any part thereof, or on such other terms as such commissioners shall judge reasonable: Provided always, that all pecuniary penalties imposed by or incurred under this Act, by whom or in whose name soever the same shall be sued or prosecuted for or recovered, shall go and be applied to the use of her Majesty, and shall be deemed to be and shall be accounted for as part of her Majesty’s revenue arising from stamp duties, any thing in any Act contained, or any law or usage, to the contrary in anywise notwithstanding
Application of penalties.
Banking companies within 50 miles of Dublin may sue and be sued in the names of their officers,                                                                          30. Every company or copartnership of more than six persons established before the passing of this Act, for the purpose of carrying on the trade or business of bankers within the distance of fifty miles from Dublin, shall have the same powers and privileges of suing and being sued, and of presenting petitions to found sequestrations or fiats in bankruptcy, in the name of any one of the public officers of such company or copartnership, as the nominal plaintiff petitioner, or defendant, on behalf of such company or copartnership, as are provided with respect to companies carrying on the said trade or business at any place in Ireland exceeding the distance of fifty miles from Dublin, under the provisions of an Act passed in the sixth year of the reign of King George the Fourth, intituled “An Act for the better regulation of copartnerships of certain bankers in Ireland”; and all judgments, decrees, and orders made and obtained in any action, suit, or other proceeding brought, instituted, or carried on by or against any such company or copartnership carrying on business within the distance of fifty miles from Dublin, in the name of their public officer, shall have the same effect and operation, and may be enforced in like manner in all respects, as is provided in and by the last-mentioned Act with respect to the judgments, decrees, and orders therein mentioned; provided that every such company or copartnership as last aforesaid shall make out and deliver from time to time to the commissioners of stamps and taxes the several accounts or returns required by the last-mentioned Act; and all the provisions of the last-mentioned Act as to such accounts or returns shall be taken to apply to the accounts or returns so made out and delivered by the said last-mentioned companies, as if they had been originally included in the provisions of the last-mentioned Act.

in manner provided as to companies beyond that distance by 6 Geo. 4. c. 42.

Returns, &c. to be made under that Act.
[S. 31 rep. 38 & 39 Vict. c. 66. (S.L.B.)]
Interpretation of terms.                                                                                32. . . . in this Act . . . the term “banker” shall, when the bank of Ireland be not specially excepted, extend and apply to the Bank of Ireland, and to all other corporations, societies, partnerships, and persons, and every individual person carrying on the business of banking, whether by the issue of bank notes or otherwise; and the word “coin” shall be construed to mean the coin of this realm; and the word “person” used in this Act shall include corporations; and the singular number used in this Act shall include the plural number, and the plural number the singular, except where there is any thing in the context repugnant to such construction; and the masculine gender in this Act shall include the feminine, except where there is any thing in the context repugnant to such construction.

[S. S3 rep. 38 $ 39 Vict. c. 66. (S.L.R.)]
SCHEDULES referred to in the foregoing Act.
Schedule (A.).
Sect. 16 .
Name and title set forth in licence -      ________Bank.
Name of the firm - - -                     ________Firm.
Head offices or principal places of issue  ________Place.
Amount of Gold and Silver Coin held at the Head Office or principal Place of Issue at the close of business on—
Head Office at .  Head Office at .  Head Office at .  Head Office at .

Gold.             Silver.           Gold.             Silver.           Gold.  Silver.  Gold.  Silver.

Monday the
Tuesday the
Wednesday the
Thursday the
Friday the
Saturday the
Total amount of Coin held at the close of business on Saturday the day of 18
Gold - - -    £
Silver - - -  £
Total - - -   £
[To be inserted in the account at the end of each period of four weeks]

I, being the [banker, chief cashier, director, or partner, as the case may be], do hereby certify, that the above is a true account of the notes in circulation, and of the coin held by the said bank, as required under the Act 8 and 9 Vict. c. 37.

(Signed)____________
Dated this day of 18 .
Schedule (B.) Sect. 18.
Name and Title, as set forth in the Licence.  Name of the Firm.  Head Office or principal Place of Issue.  Circulation authorized by Certificate.  Average circulation during four weeks ending the  Average amount of Coin held during four weeks ending
£5 and upwards.                               Under £5.          Total.                                    Gold.                                   Silver.                                           Total.

I hereby certify, that each of the bankers named in the above return who have in circulation an amount of notes beyond that authorized in their certificate [with the exception of A.B. or CD., as the case may be,] have held an amount of gold and silver coin not less than that which they are required to hold during the period to which this return relates.

(Signed)___________Officer of Stamp Duties.
Dated this day of 18 .
[Scheds. D., E. rep. 27 & 28 Vict. c. 20. s. 1. (temp.)]
[1Short title, “The Bankers (Ireland) Act, 1845.” See 55 & 56 Vict. c. 10.]


[14th December, 2023]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act, “Principal Act” means the Health Insurance Act 1994 .

Amendment of section 11C of Principal Act
2. Section 11C of the Principal Act is amended, in subsection (1)(b), by the substitution of “1 April 2024” for “1 April 2023”.

Amendment of amount specified for purposes of definition of hospital utilisation credit
3. (1) The Principal Act is amended by the substitution of the following Schedule for Schedule 3:
“SCHEDULE 3
AMOUNT SPECIFIED FOR PURPOSES OF DEFINITION OF ‘HOSPITAL UTILISATION CREDIT’

1. For the provision of in-patient services on overnight accommodation basis – €163 per night.
2. For the provision of in-patient services on day case basis – €81.”.
(2) Schedule 3 to the Principal Act, as substituted by subsection (1), only applies in the case of a health insurance contract entered into or renewed on or after 1 April 2024 and, accordingly, that Schedule, as in force immediately before that date, shall continue to apply in the case of a health insurance contract entered into or renewed on or after 1 April 2021 but before 1 April 2024.

Amendment of Schedule 4 to Principal Act
4. Schedule 4 to the Principal Act is amended by the substitution of the following Table for Table 2:
“Table 2
AMOUNTS APPLICABLE ON OR AFTER 1 APRIL 2024
”.
Amount and percentage specified for purposes of definitions relating to high cost claims
5. (1) The Principal Act is amended by the substitution of the following Schedule for Schedule 5:
“SCHEDULE 5
Section 6A

AMOUNT AND PERCENTAGE SPECIFIED FOR PURPOSES OF DEFINITIONS RELATING TO HIGH COST CLAIMS
1. Amount specified for the purposes of paragraph (a) of the definition of ‘high cost claim threshold’ - €50,000.
2. Percentage specified as the high cost claim quota share - 45 per cent.”.
(2) Schedule 5 to the Principal Act, as substituted by subsection (1), only applies in the case of a health insurance contract entered into or renewed on or after 1 April 2024 and, accordingly, that Schedule, as in force immediately before that date, shall continue to apply in the case of a health insurance contract entered into or renewed on or after 1 April 2022 but before 1 April 2024.

Amendment of section 125A of Stamp Duties Consolidation Act 1999
6. Section 125A of the Stamp Duties Consolidation Act 1999 is amended by the substitution of the following definition for the definition of “specified rate”:
“ ‘specified rate’ means?—
(a) in respect of relevant contracts renewed or entered into on or after 1 January 2024 and on or before 31 March 2024?—
(i) €36 in respect of an insured person aged less than 18 years insured under a relevant contract which provides for non advanced cover,
(ii) €146 in respect of an insured person aged less than 18 years insured under a relevant contract which provides for advanced cover,
(iii) €109 in respect of an insured person aged 18 years or over insured under a relevant contract which provides for non advanced cover, and
(iv) €438 in respect of an insured person aged 18 years or over insured under a relevant contract which provides for advanced cover,
and
(b) in respect of relevant contracts renewed or entered into on or after 1 April 2024?—
(i) €35 in respect of an insured person aged less than 18 years insured under a relevant contract which provides for non advanced cover,
(ii) €140 in respect of an insured person aged less than 18 years insured under a relevant contract which provides for advanced cover,
(iii) €105 in respect of an insured person aged 18 years or over insured under a relevant contract which provides for non advanced cover, and
(iv) €420 in respect of an insured person aged 18 years or over insured under a relevant contract which provides for advanced cover.”.

Short title, collective citation, construction and commencement
7. (1) This Act may be cited as the Health Insurance (Amendment) Act 2023.
(2) The Health Insurance Acts 1994 to 2022 and this Act, other than section 6 , may be cited together as the Health Insurance Acts 1994 to 2023 and shall be construed together as one.
(3) Subject to subsection (4), this Act shall come into operation on 1 January 2024.
(4) Sections 2 , 3 , 4 and 5 shall come into operation on 1 April 2024.


Whereas it is expedient that the name or names of the person or persons for the time being authorized by the Governor and Company of the Bank of Ireland to sign bank notes, bank post bills, and bank bills of exchange on behalf of the said Governor and Company should be impressed by machinery upon such bank notes, bank post bills, and bank bills of exchange, in such form as may from time to time be adopted by the said Governor and Company, instead of being subscribed in the handwriting of such person or persons respectively: . . .

Power to impress names on bank notes, &c. of Bank of Ireland by machinery.  1. All bank notes, bank post bills, and bank bills of exchange of the said Governor and Company, whereon the name or names of any person or persons authorized to sign such bank notes, bank post bills, and bank bills of exchange on behalf of the said Governor and Company may be impressed by machinery, in such form as may from time to time be adopted by the said Governor and Company, and with the authority of the same, shall be and be taken to be good and valid to all intents and purposes, as if such bank notes, bank post bills, and bank bills of exchange had been subscribed in the proper handwriting of the person or persons authorized by the said Governor and Company to sign the same respectively, and shall be deemed and taken to be bank notes, bank post bills, and bank bills of exchange within the meaning of all laws and statutes whatsoever, and shall and may be described as bank notes, bank post bills, and bank bills of exchange in all indictments and other criminal and civil proceedings whatsoever, any law, statute, or usage to the contrary notwithstanding.


Part I.
Customs.
Prohibitions and restrictions.                                                                  1. There shall be added to the table of prohibitions and restrictions contained in section forty-two of the Customs Act, the following, that is to say:—
47 & 48 Vict. c. 76.
6 & 7 Will. 4. c. 66.
(i) Fictitious stamps, as defined for the purposes of section seven of the Post Office (Protection) Act, 1884, and any die, plate, instrument, or materials for making any such stamps;
(ii) Any advertisement or other notice of, or relating to, the drawing or intended drawing of any lottery, which, in the opinion of the [2] Commissioners of Customs, is imported for the purpose of publication in the United Kingdom, in contravention of the Lotteries Act, 1836, or any other Act relating to foreign lotteries.

Report of ship.                                                                                2.—(1) The report required by section fifty of the Customs Act from the master of a ship arriving from parts beyond the seas may, subject to and in accordance with regulations by the Commissioners of Customs, be made by such one of the responsible officers of the ship as the master appoints in writing, and, if it is so made, the provisions of the Customs Act shall apply as if it had been made by the master.

(2) If, for facilitating the discharge of the cargo, the Commissioners of Customs allow an interim report to be made elsewhere than at the Custom house of the port, the report shall not be deemed to be the report of the ship and cargo until it is numbered by the proper officer at the Custom house.

Amendment of 39 & 40 Vict. c. 36, s. 49, as to bullion or coin.                                 3. The requirement in section forty-nine of the Customs Act of an account of bullion or coin shall, if so directed by the Commissioners of Customs, apply to diamonds; and all accounts under that section shall be rendered within seventy-two hours of the landing of the goods, instead of within ten days, as in that section mentioned.

Extension of provisions as to specifications of free goods to stores and to newly built ships.  4.—(1) Section three of the Revenue Act, 1889 (which relates to ships touching at a port for the purpose of taking in coals or fuel for use), shall have effect as if stores were referred to therein as well as coals and fuel.

52 & 53 Vict. c. 42.
44 & 45 Vict. c. 12.
(2) For the purposes of section eleven of the Customs and Inland Revenue Act, 1881 (which relates to the delivery of a specification of goods), a ship built in the United Kingdom, and not registered as a British ship when she departs on her first voyage, shall be treated both as goods and as an exporting ship within the meaning of that section, and the builder or owner of the ship shall be treated as the exporter so far as the ship is treated as goods.

[S. 5 adds words to s. 18 of 44 & 45 Vict. c. 12, s. 18. See that Act.]

Interpretation and extent of Part I.                                                            6.—(1) In this Part of this Act, the expression “Customs Act” means the Customs Consolidation Act, 1876.

39 & 40 Vict. c. 36.
(2) This Part of this Act shall extend to the whole of the British Islands, but not to any other part of Her Majesty's dominions.

Part II.
Stamps.
Amendments of 54 & 55 Vict. c. 39.                                                              7.—(1) Sub-section (3) of section fifty-three of the Stamp Act, 1891 (which relates to the exclusion of claims for brokerage and other charges in certain cases), shall apply where a person required to make, execute, and transmit a contract note fails to do so, in the same manner as if he had made, executed, and transmitted a contract note not duly stamped.

47 & 48 Vict. c. 76.
54 & 55 Vict. c. 38.
(2) Any document referring to any Act or enactment repealed by the Stamp Act, 1891, shall unless the context otherwise requires be construed to refer to that Act or the corresponding enactment in that Act.

[Sub-s. (3) rep. 8 Edw. 7. c. 49 (S.L.R.).]
(4) The expression “instrument” in section nine of the Stamp Act, 1891, includes any postal packet within the meaning of the Post Office Protection Act, 1884, [1] and sub-section two of the said section is hereby repealed.
(5) Any fine incurred under section nine of the Stamp Act, 1891, may be recovered summarily, subject to the like right of appeal as in the case of any fine under any Act relating to the excise.
(6) Section twenty-four of the Stamp Duties Management Act, 1891, is hereby declared to apply to affidavits and oaths as well as to statutory declarations.

[S. 8 adds to the exemptions in the First Schedule of 54 & 55 Vict. c. 39, under the head “Receipts given for, or upon the payment of, money amounting to two pounds or upwards.” See that Act.]

Recovery of fees under 31 & 32 Vict. c. 55.                                                     9. The fees to be collected under the Courts of Law Fees (Scotland) Act, 1868, and the Public Offices Fees Act, 1879, shall be a debt due to the Crown and shall be recoverable in such manner and by such persons as the Treasury may direct, and if so directed as part of the Inland Revenue.

42 & 43 Vict.c. 58
Amendment of 54 & 55 Vict. c. 38, s. 22.                                                        10.—(1) Whenever the Commissioners of Inland Revenue give public notice in the London, Edinburgh, and Dublin Gazettes that the use of any die, as defined by the Stamp Duties Management Act, 1891, has been discontinued, then, whether a new die has been provided or not, from and after any day to be stated in the notice (that day not being within one month after the notice is so published), that die shall not be a lawful die for denoting the payment of duty, and every instrument first executed by any person, or bearing date, after the day so stated in the notice, and stamped with duty denoted by the discontinued die, shall be deemed to be not duly stamped.

47 & 48 Vict. c. 76.
(2) The provisoes to section twenty-two of the Stamp Duties Management Act, 1891, shall apply, subject to the necessary modifications, where a notice is published under this section in the same manner as they apply where a notice is published under that section.
(3) The expression “instrument” in this section and in section twenty-two of the Stamp Duties Management Act, 1891, includes any postal packet as defined by the Post Office Protection Act, 1884,[1] and the execution of an instrument shall for the purposes of this section include the posting of a postal packet.

Forfeiture of used stamps in possession of persons who can use them again.                      11. If any person who is a maker or seller of any article chargeable with any duty required to be denoted by a stamp provided by the Commissioners of Inland Revenue receives or has in his possession any stamp or portion of a stamp so provided which has been previously used for denoting any such duty, that stamp or portion of a stamp shall be forfeited.

Extension of certain sections of 54 & 55 Vict. c. 38, to paper used for excise licences.        12. Sections fourteen, fifteen, and sixteen of the Stamp Duties Management Act, 1891 (which relate to frauds in connexion with the manufacture of paper), shall extend to paper used for excise licences, in like manner as if it were paper provided by the Commissioners of Inland Revenue for receiving the impression of a die.

[S. 13 substitutes the words “two years” for “six months” in ss. 9, 10, 12 of 54 & 55 Vict. c. 38. See that Act.]

Part III.
Excise.
Amendment of 43 & 44 Vict. c. 24.                                                               14.—(1) Where a person carries on upon one set of premises the business of a rectifier of spirits, and also the business of a dealer in spirits, all spirits in his possession shall for the purpose of the account thereof and the penalties consequent on any excess or deficiency found in the account under the Spirits Act, 1880, be deemed to be spirits in his stock as a rectifier.

(2) Sub-section four of section one hundred and twenty-four of the Spirits Act, 1880 (which relates to the supply of spirits by an authorised methylator), shall apply in the case of a person licensed as a retailer of methylated spirits in the same manner as it applies in the case of a person authorised to receive methylated spirits.

[Sub-s. (3) inserts certain words in s. 130 of the Spirits Act, 1880.]

(4) In section one hundred and forty of the Spirits Act, 1880 (which relates to the search for illicit manufacture of spirits), the expression “officer” shall include any officer of the peace.

[Sub-s. (5) substitutes a new sub-section for s. 32 (2) of the Spirits Act, 1880. See that Act.]

(6) This section shall be construed together with the Spirits Act, 1880.

Amendment of law as to excise entries and traders.                                              15.—(1) If the Commissioners of Inland Revenue at any time require a new entry to be made in any case, they shall cause a written notice, addressed to the person who signed the existing entry, to be delivered at the entered premises, and at the expiration of fourteen days from the delivery of the notice the existing entry shall, without prejudice to any liability incurred, be void.

(2) Where any trade or business in respect of which entry is required to be made by any Act relating to excise is carried on by a corporation, the entry shall be under the seal of the corporation, and signed by the chairman or some director of the corporation, or by its secretary or other principal officer.
(3) Any person signing such an entry, and also the corporation under whose seal the entry is made, shall be liable to all duties of excise charged, and to all fines, penalties, and forfeitures incurred, in respect of the trade or business to which the entry relates.
(4) Where a trade or business, for the carrying on of which an excise licence or entry is required, is carried on without licence or entry by a corporation, the corporation, and also the directors or members of the governing body of the corporation, by whatever name called, or any of them, shall be liable to all fines and penalties imposed in relation to the trade or business so carried on by any enactment relating to excise.

[Sub-s. (5) rep. 8 Edw. 7. c. 49 (S.L.R.).]
Provision as to note and fee under 3 & 4 W. 4. c. 68.                                           16.—(1) The note and fee required to be delivered and paid in pursuance of section ten of the Licensing (Ireland) Act, 1833, as amended by section fifteen of the Licensing Act (Ireland), 1874, by every person who obtains a licence for the sale of intoxicating liquor by retail in any house in Ireland, shall, if the house is situate in a county or borough where the offices of the clerk of the Crown and clerk of the peace have been united, be delivered and paid to the officer of inland revenue authorised to grant the licence immediately upon the grant of the licence, and the note shall be by him transmitted to the clerk of the Crown and peace.

37 & 38 Vict. c. 69.
(2) The provisions of section ten of the Licensing (Ireland) Act, 1833, imposing a penalty for the failure to deliver a note in conformity with that section, shall extend to the failure to deliver a note in conformity with this section, and that penalty may be recovered as an excise penalty.

[S. 17 rep. 8 Edw. 7. c. 49 (S.L.R.).]
Part IV.
Miscellaneous.
Amendment of 10 Geo. 4. c. 24, s. 24.                                                           18.—(1) The certificate required by section twenty-four of the Government Annuities Act, 1829, may be given by any person prescribed in that behalf by a warrant of the Treasury.

(2) If any such certificate is false, the person giving it shall, if he acted wilfully, be guilty of a misdemeanor, and if he acted negligently, be liable on summary conviction to a fine not exceeding fifty pounds.

[S. 19 rep. 8 Edw. 7. c. 49 (S.L.R.).]
Short title.                                                                                20. This Act may be cited as the Revenue Act, 1898.

[Sched. rep. 8 Edw. 7. c. 49 (S.L.R.).]
[1 Short title, “The Revenue Act, 1898” See s. 20.]
[2 Now styled Commissioners of Customs and Excise. See 8 Edw. 7. c. 16, s. 4, and Stat. Rules and Orders, 1909, No. 197.]

[1 Rep., except as to telegrams, 8 Edw. 7. c. 48. s. 92.]
[1 Rep., except as to telegrams, 8 Edw. 7. c. 48, s. 92. See now that Act.]


[20th December, 2022]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, collective citation and commencement
1. (1) This Act may be cited as the Planning and Development and Foreshore (Amendment) Act 2022.
(2) The collective citation the Planning and Development Acts 2000 to 2022 includes Part 2 of this Act.
(3) Part 3 of this Act and the Foreshore Acts 1933 to 2021 may be cited together as the Foreshore Acts 1933 to 2022.
(4) This Act, other than Part 3 , shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage 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 and different provisions.

PART 2
Amendment of Planning and Development Act 2000
Definition (Part 2)
2. In this Part, “Act of 2000” means the Planning and Development Act 2000 .

Amendment of section 4 of Act of 2000
3. Section 4(1) of the Act of 2000 is amended by the insertion of the following paragraph after paragraph (f):
“(fa) development to which section 179A applies;”.
Amendment of section 104 of Act of 2000
4. Section 104 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) Subject to subsection (2), the Board shall consist of a chairperson and such number of ordinary members, up to a maximum of 14, as the Minister may appoint having regard to the number and nature of applications, appeals, referrals or other matters with which the Board is concerned.”,
(b) by the substitution of the following subsection for subsection (2):
“(2) The Minister may by order increase the number of ordinary members above 14 where he or she is of the opinion that the number of applications, appeals, referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objectives under section 37J, 126, 126A, 177C, 177E or 221, or section 47E of the Act of 2001.”,
(c) by the deletion of subsection (3),
(d) in subsection (4)—
(i) by the substitution of the following paragraph for paragraph (a):
“(a) Notwithstanding subsection (2), where the Minister is of the opinion that one, or more than one, additional ordinary member should be appointed as a matter of urgency due to the number of applications, appeals, referrals or other matters with which the Board is concerned, the Minister may, subject to paragraphs (b) and (c), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one, or more than one person, who is, in the opinion of the Minister, a suitably qualified person on a temporary basis,”,
and
(ii) in paragraph (c), by the deletion of “, and the number of ordinary members appointed under this subsection shall not exceed one third of the total number of ordinary members at any one time”.

Amendment of section 105 of Act of 2000
5. Section 105 of the Act of 2000 is amended—
(a) in subsection (8), by the insertion of “an appointment under section 105A or” after “in the case of”, and
(b) in subsection (12), by the insertion of “(other than a chairperson appointed on an interim basis under section 105A)” after “the chairperson”.

Appointment of chairperson on interim basis
6. The Act of 2000 is amended by the insertion of the following section after section 105:
“105A. (1) Where no chairperson stands appointed under section 105 the Government may, subject to subsections (2) and (3), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, a person who is, in the opinion of the Government, a suitably qualified person, to be the chairperson for a period of not more than 12 months.

(2) Notwithstanding subsections (1) and (3), a person appointed to be the chairperson under this section shall cease to hold office on the appointment of a chairperson by the Government under section 105.
(3) Subsections (11), (13), (14) and (15) of section 105 shall apply to a chairperson appointed under subsection (1).
(4) A person appointed to be the chairperson under this section who ceases to hold office in accordance with subsection (1) or (2) may be re-appointed by the Government for a second term under subsection (1) or appointed by the Government in accordance with section 105.”.

Amendment of section 106 of Act of 2000
7. Section 106 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) The Minister shall ensure, in so far as is practicable, that—
(a) the ordinary members of the Board are persons who, in the opinion of the Minister, have satisfactory experience of, or a satisfactory mix of experience and knowledge of, infrastructure delivery, housing, physical planning, sustainable development, architecture, heritage, community affairs, social affairs, planning, the environment, the marine, climate change, law and corporate governance, and
(b) there is an equitable balance among the ordinary members between men and women.”,
(b) by the substitution of the following subsection for subsection (2):
“(2) The Minister shall establish a suitable, independent, objective, and transparent procedure (which may include the establishment of a committee), in accordance with which recommendations may be made to the Minister in relation to the appointment of ordinary members of the Board.”,
(c) by the substitution of the following subsection for subsection (3):
“(3) The Minister may make regulations providing for such matters as the Minister considers necessary for the purpose of establishing the procedure referred to in subsection (2) including, where a committee is established under that section, regulations pertaining to the membership of the committee.”,
(d) by the substitution of the following subsection for subsection (4):
“(4) The procedure provided for under subsection (2) shall require that—
(a) applications be invited from suitably qualified persons for appointment as an ordinary member of the Board,
(b) a panel of candidates suitable for appointment as an ordinary member be prepared having regard to the knowledge, experience, qualifications and personal qualities appropriate to enable a person to perform the functions of an ordinary member effectively,
(c) the Minister be informed of the names of the candidates on the panel and the reasons why such candidates are suitable for the appointment, and
(d) a recommendation be made to the Minister regarding which candidate on the panel the Minister should appoint as an ordinary member.”,
(e) by the substitution of the following subsection for subsection (5):
“(5) Except in the case of a re-appointment under subsection (12) and subject to section 104(4) and section 108(4), the Minister shall not appoint a person to be an ordinary member other than a person recommended in accordance with the procedure established under subsection (2).”,
(f) by the deletion of subsections (6) to (8), and
(g) by the substitution of the following subsection for subsection (9):
“(9) The Minister may make regulations as regards any matter which the Minister considers expedient for the purposes of this section.”.

Saver of power of Minister to appoint under section 106(1)(e) of Act of 2000
8. Notwithstanding the repeal of paragraph (e) of section 106(1) of the Act of 2000 by section 7 (a) the Minister may continue to make appointments under that paragraph until such time as the Minister makes an appointment in accordance with section 106(1) of that Act inserted by section 7 (a).

General power of deputy chairperson to perform functions of chairperson where office is vacant
9. The Act of 2000 is amended by the insertion of the following section after section 107:
“107A. Where the office of chairperson is vacant the deputy chairperson may perform any function of the chairperson.”.

Amendment of section 108 of Act of 2000
10. Section 108 of the Act of 2000 is amended—
(a) in subsection (1), by the substitution of “A quorum” for “Subject to subsection (1A) (inserted by section 41) a quorum”,
(b) by the deletion of subsections (1A) to (1D), and
(c) in subsection (4), by the substitution of the following paragraph for paragraph (a):
“(a) Where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board effectively to perform its functions, the Minister may, as an interim measure, appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one or more than one person who is, in the opinion of the Minister, a suitably qualified person, to be an ordinary member.”.

Amendment of section 110 of Act of 2000
11. Section 110 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) Where the chairperson considers, on foot of a complaint or otherwise, that an ordinary member may have failed to comply with a code of conduct adopted by the Board under section 150 or that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may in his or her absolute discretion—
(a) require the member of the Board to attend for interview and there interview the member privately, or
(b) where he or she considers it appropriate to do so, otherwise investigate the matter,
and, if he or she considers it appropriate to do so, report to the Minister the result of the interview or investigation.”,
and
(b) by the insertion of the following subsection after subsection (2):
“(3) Where the Minister considers that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may request the chairperson to—
(a) conduct an interview with the board member privately, or
(b) otherwise investigate the matter,
and report to the Minister the result of the interview or investigation.”.

Amendment of section 111 of Act of 2000
12. Section 111 of the Act of 2000 is amended by the insertion of the following subsections after subsection (7):
“(8) Notwithstanding any provision of this Act, a meeting of An Bord Pleanála, including a division of the board, may take place using remote video or telephone conferencing facilities or by any means of communication by which all of the board members and other persons participating in different locations can hear and be heard at the same time.

(9) In subsection (8), ‘meeting’ includes any meeting for the purpose of making any decision in relation to any appeal, referral or application.”.

Amendment of section 179 of Act of 2000
13. Section 179 of the Act of 2000 is amended in subsection (1)(a), by the insertion of “, other than development to which section 179A applies,” after “a development or a class of development”.

Local authority own housing development
14. The Act of 2000 is amended by the insertion of the following section after section 179:
“179A. (1) This section applies to housing development—
(a) that is carried out by, on behalf of, or jointly or in partnership with, a local authority pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity,
(b) that does not materially contravene the development plan or local area plan for the area,
(c) that is in accordance with the strategy included in the development plan for the area in accordance with section 94(1),
(d) that is not subject to a requirement, in accordance with the Environmental Impact Assessment Directive, for an assessment with regard to its effects on the environment,
(e) that is not subject to a requirement, in accordance with the Habitats Directive, for an appropriate assessment,
(f) that is on land—
(i) that is owned by a local authority or a State Authority,
(ii) that is zoned for residential use, and
(iii) that has access, or can be connected, to public infrastructure and facilities, including roads and footpaths, public lighting, foul sewer drainage, surface water drainage and water supply, necessary for dwellings to be developed and with sufficient service capacity available for such development,
and
(g) that is commenced on or before 31 December 2024.
(2) Prior to the commencement of development to which this section applies, the chief executive of the local authority shall inform the members of the local authority in relation to the development and shall provide documents, particulars or plans relevant to the development to the members.
(3) The Minister may make regulations providing for any or all of the following matters in respect of development to which this section applies:
(a) the giving of public notice by the local authority in respect of the development;
(b) the publication by a local authority of any specified notice in respect of the development;
(c) the making available for inspection, including by members of the public, of documents, particulars, plans or other information in relation to the development;
(d) notification by the local authority in respect of such development to such bodies as the Minister may prescribe;
(e) the entry of particulars of the development in the register;
(f) procedures for determining, through a case-by-case basis examination or by reference to prescribed thresholds or criteria, whether the development is one which should be made subject in accordance with the Environmental Impact Assessment Directive to a requirement for an assessment with regard to its effects on the environment, the information to be provided for the purposes of such a determination, the basis on which such a determination is to be made, the time for such a determination, the contents of such a determination, and the making available to the public of such a determination;
(g) procedures for determining whether the development is one which should be made subject, in accordance with the Habitats Directive, to an appropriate assessment;
(h) a requirement that local authorities provide the Minister with information regarding developments that have been notified, commenced, and completed, the type of information to be provided and the frequency with which such information is to be provided.
(4) Sections 138 , 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.
(5) In this section—
‘housing development’ includes—
(a) the construction or erection of a house or houses,
(b) the construction of a new road or the widening or realignment of an existing road, to serve houses referred to in paragraph (a),
(c) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve houses referred to in paragraph (a),
(d) the laying underground of sewers, mains, pipes or other apparatus,
(e) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve houses referred to in paragraph (a), and
(f) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure to serve houses referred to in paragraph (a);
‘State Authority’ means any of the following:
(a) a Minister of the Government;
(b) an Education and Training Board established under the Education and Training Boards Act 2013 ;
(c) Courts Service;
(d) Digital Hub Development Agency;
(e) Dublin Institute for Advanced Studies;
(f) Enterprise Ireland;
(g) Environmental Protection Agency;
(h) the Garda Síochána;
(i) Health Service Executive;
(j) Housing and Sustainable Communities Agency;
(k) Industrial Development Agency (Ireland);
(l) an Institute of Technology being a college within the meaning of section 2 of the Regional Technical Colleges Act 1992 ;
(m) Institute of Public Administration;
(n) Prison Service of the Department of Justice which is charged with the management of prisons;
(o) Legal Aid Board;
(p) Marine Institute;
(q) National Archives;
(r) Oberstown Children Detention Campus;
(s) Commissioners of Public Works in Ireland;
(t) Ordnance Survey Ireland;
(u) Sport Ireland;
(v) State Laboratory;
(w) Teagasc - the Agriculture and Food Development Authority;
(x) a technological university established by virtue of an order under section 36 of the Technological Universities Act 2018 ;
(y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna.”.
PART 3
Amendment of Foreshore Act 1933
Definition (Part 3)
15. In this Part, “Act of 1933” means the Foreshore Act 1933 .

Amendment of section 1 of Act of 1933
16. Section 1 of the Act of 1933 is amended by the insertion of the following definition after the definition of “Act of 2005”:
“‘Act of 2022’ means the Planning and Development and Foreshore (Amendment) Act 2022;”.

Subsoil below, and water column above, foreshore
17. The Act of 1933 is amended by the insertion of the following section after section 1A:
“1AA. The word ‘foreshore’ defined in section 1 is deemed to include, and always to have included, the subsoil below, and the water column above the bed and shore referred to in that definition.”.

Provisions relating to certain other leases, licences, etc.
18. The Act of 1933 is amended by the insertion of the following section after section 3A:
“3AA. (1) Where a lease, licence or consent was granted by the appropriate Minister before the passing of Part 3 of the Act of 2022 that relates to or includes an area that, but for section 1AA would not be foreshore, the lease, licence or consent (including any terms and conditions) shall have effect by reference to the definition of foreshore (as amended by section 17 of the Act of 2022) in section 1 of this Act.

(2) Where—
(a) any measures were taken by the appropriate Minister before the passing of Part 3 of the Act of 2022, and
(b) those measures relate in whole or in part to an area that, but for section 1AA of this Act, would not form part of the foreshore,
then those measures shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by section 17 of the Act of 2022) in section 1 of this Act.

(3) If, because of any provision of subsection (1) or (2) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”.

Provisions relating to certain other applications for lease, licence or consent
19. The Act of 1933 is amended by the insertion of the following section after section 3B:
“3BA. (1) Where before the passing of Part 3 of the Act of 2022—
(a) an application was made to the appropriate Minister for a lease, licence or consent,
(b) the application relates to or includes an area that but for section 1AA would not be foreshore, and
(c) the application has not been finally determined before such passing,
then in determining the application account may be taken of the definition of foreshore (as amended by section 17 of the Act of 2022) in section 1 of this Act.

(2) If, because of any provision of subsection (1) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”.

Provisions relating to certain other aquaculture licences
20. The Act of 1933 is amended by the insertion of the following section after section 3C:
“3CA. (1) Where a foreshore licence was deemed by—
(a) section 75 of the Fisheries (Amendment) Act 1997 , or
(b) section 3 of the Fisheries and Foreshore (Amendment) Act 1998 ,
to be an aquaculture licence and that foreshore licence relates to or includes an area that, but for section 1AA of this Act, would not be foreshore, then the aquaculture licence shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by section 17 of the Act of 2022) in section 1 of this Act.

(2) Where before the passing of Part 3 of the Act of 2022—
(a) a foreshore licence was granted that relates in whole or in part to aquacultural purposes, and
(b) an aquaculture licence was granted in respect of those aquacultural purposes and those purposes relate to or include an area which, in whole or in part, would not be foreshore but for section 1AA of this Act,
then the aquaculture licence shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by section 17 of the Act of 2022) in section 1 of this Act.

(3) If, because of any provision of subsection (1) or (2) of this subsection, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”.

Provisions with respect to certain other court proceedings
21. The Act of 1933 is amended by the insertion of the following section after section 16A:
“16B. (1) Where, before the passing of Part 3 of the Act of 2022, a court made a finding as to whether an area is or is not foreshore, then that finding shall not be affected by reference to section 1AA of this Act.

(2) Where the validity of any lease, licence or consent to which section 3AA(1) of this Act relates has been challenged in court proceedings instituted before 9 November 2022 by reference to the area in respect of which it was granted, then the said section 3AA(1) shall not apply to that lease, licence or consent.”.


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:
Certified works, and execution thereof.                                        1.—(1) Where it is certified to the Treasury by the Lord Lieutenant that the construction, re-construction, repair or improvement under this Act of a marine work, or the appurtenances thereof, or any approaches thereto, or any part of the same respectively, is necessary for the development of any industry or trade carried on by the inhabitants of a congested districts county, and that, owing to exceptional circumstances, the work cannot be executed without special assistance from the State, the Treasury may make advances by way of grant to the Board of Works, to be applied by them in the execution and equipment of the certified work: Provided that the Treasury shall not make any such advance unless—
(a) they are satisfied that the Congested Districts Board, the Department of Agriculture and local authorities have, by the free grant of land, or by agreeing to make and maintain ancillary works, or otherwise, and that persons locally interested have, in such manner as aforesaid or by pecuniary contributions given all reasonable assistance and facilities in their power towards the objects of the work; and
(b) the council of the county or, if more than one, of each county, appearing to the Lord Lieutenant to be interested in the work, have agreed to pay such an annual sum as is herein-after mentioned (in this Act referred to as “the county contribution”).
(2) The Board of Works may make, or procure to be made, any surveys, maps, plans and estimates necessary for the execution of the certified work, and the costs and expenses of and incidental to the making thereof shall be defrayed out of the advances to be made under this Act.
(3) For the purposes of this section, the Board of Works shall have all the powers conferred by the Lands Clauses Acts upon the promoters of an undertaking: Provided that, for the said purposes, the award of the arbitrator under those Acts shall be final, and the provisions of those Acts with respect to traverses shall not apply.
(4) The Board of Works may execute the certified work, or, with the approval of the Treasury, enter into an agreement or contract with any county or district council, or any public department or person, for the execution thereof or any part thereof, or any work ancillary thereto.

Amount of county contribution.                                                 2. Subject to the provisions of this section, the county contribution in respect of a certified work shall, where one county only is interested in the work, be such an annual sum as the Lord Lieutenant may fix, being not less than one-and-a-half per cent. of the total cost of the work, and shall, where more than one county is so interested, be such proportionate part of the said annual sum as the Lord Lieutenant, having regard to the prospective benefit to the inhabitants of the county from the work, may fix:
Provided that, if there is at any time standing to the credit of the general maintenance fund herein-after mentioned a sum of not less than six thousand pounds, the Lord Lieutenant may reduce the county contributions in respect of all certified works by a uniform per-centage; but the reduction shall be so calculated that the contributions, as and when reduced, shall be sufficient for the purpose of defraying the expenses and charges payable out of the general maintenance fund.

Provided nevertheless that if, at any time after such reduction as aforesaid has been made, the general maintenance fund is, in the opinion of the Lord Lieutenant, insufficient for the said purpose, he may in like manner increase the said contributions; but the amount of any contribution shall not exceed the amount originally fixed by him.

Provisions with respect to payment of county contributions.                    3.—(1) The county contribution, in the case of a county borough, shall be payable out of the borough fund or borough rate, and, in the case of any other county, shall be payable out of the county fund, and may be raised equally by means of the poor rate, either over the whole county, or over the whole of any county district or districts comprised in the county, according as the county council, with the approval of the Lord Lieutenant, may determine.

61 & 62 Vict. c. 37.
(2) The Lord Lieutenant may make an order for the payment of any sum due by a county council to the Board of Works in respect of a county contribution, and, upon such order being made, section eighty of the Local Government (Ireland) Act, 1898, relating to imperative presentments, shall apply to that sum.

General maintenance fund.                                                      4. All certified works shall be vested in the Board of Works, and, for the purposes of this section, that Board shall establish a general maintenance fund, and shall carry thereto all county contributions, and subject as aforesaid, the expenses of the inspection, maintenance and repair of the certified works, and the salaries or remuneration of any harbour constables or collectors of tolls and rates, appointed for the purposes of the certified works, shall be defrayed by that Board out of the said fund, and, in case and so far as that fund is insufficient, out of moneys provided by Parliament: Provided that the Board of Works may, with the sanction of the Treasury, lease the work or the revenue thereof to any county or district council, or public department or person, for such term and subject to such conditions as the Treasury may sanction.

Freedom from increased assessments to local rates.                             5. A certified work, or any work ancillary thereto, shall not for a period of ten years from the completion of the work, be assessed to any local rate at a higher value than that at which the land occupied by the work would have been assessed if it had remained in the condition in which it was immediately before it was acquired for the purposes of the work.

Tolls, rates and rent.                                                         6.—(1) The Chief Secretary may, with the approval of the Treasury, fix the tolls and rates to be paid by vessels using any certified work, and on all or any live stock, fish, goods or articles landed or shipped at any certified work, and, for the purpose of enforcing payment thereof, section thirteen of the Public Works (Ireland) Act, 1836 (which provides for the appointment of collectors and enforcing payment of tolls), is incorporated with this Act.

6 & 7 Will. 4 c. 108.
(2) The tolls and rates payable in respect of a certified work and received by the Board of Works shall be paid or credited by them to the council of the county interested in the work, or, where more than one county is so interested, to the councils of the interested counties respectively, in the same proportions as the respective county contributions of those councils in respect of the work:
Provided that, if in any year the total amount of tolls and rates received by the Board of Works in respect of the work exceeds the total amount of the said county contribution or contributions, the balance shall be carried to the general maintenance fund under this Act.

(3) The last preceding subsection shall apply, with such modifications as the Treasury may in each case sanction, to any rent reserved by a lease of a certified work, or the revenue thereof, in like manner as it applies to the said tolls and rates.

Byelaws.                                                                       7.—(1) Sections seventy and seventy-one of the Fisheries (Ireland) Act, 1846 (relating to byelaws), are incorporated with this Act, but all byelaws made thereunder relating to any certified work shall be subject to the approval of the Lord Lieutenant.

9 Vict. c. 3.
(2) The limits within which the Board of Works shall have power to make such byelaws, and which shall be deemed to be the limit to which their jurisdiction extends for all purposes (including the power to levy tolls and rates) connected with a certified work, shall comprise the work and the appurtenances thereof and an area below high-water mark within a distance of two hundred yards from the seaward extremities of the work in every direction.

Harbour constable.                                                             8. The Board of Works may appoint a harbour constable for any certified work for the purposes specified in section nine of the Grand Jury (Ireland) Act, 1853, at such salary as the Treasury may sanction, and such harbour constable shall have all the powers conferred on a harbour constable by that section.

16 & 17 Vict. c. 136.
Provision of money for purposes of Act.                                        9.—(1) Any money raised under section four of the Railways (Ireland) Act, 1896, may be applied for the purposes of advances under this Act, and the limit of five hundred thousand pounds under that section on the total amount advanced shall be increased to six hundred thousand pounds.

59 & 60 Vict. c. 34.
(2) Any money received by the Board of Works in respect of any means of communication assisted by them in pursuance of section nine of the Railways (Ireland) Act, 1896, and not applicable for the purposes of that Act, shall be applied by them for the purposes for which advances under this Act are applicable.

Provision with respect to harbour of Liscannor.                                10. The Lord Lieutenant may, with the consent of the Treasury, declare that the reconstruction, repair or improvement of the harbour of Liscannor, in the county of Clare, shall be regarded as a certified work under this Act, notwithstanding that the work may not be necessary for the development of any trade or industry carried on by the inhabitants of a congested districts county, and thereupon the foregoing provisions of this Act shall apply to that work, with the following modifications:—
(1) The advance to be made by the Treasury shall not exceed two-thirds of the cost of the execution and equipment of the work;
(2) The balance of that cost shall be defrayed by the Department of Agriculture and by persons locally interested, in such proportions as may be agreed upon; and
(3) Any reference in this Act to the Congested Districts Board shall not apply.

Provision with respect to marine works being the public property of counties.  11.—(1) Where any marine work has become the public property of a county, in pursuance of section seven of the Grand Jury (Ireland) Act, 1853, the council of the county and the Board of Works may agree that the work shall become vested in the Board of Works, and shall be inspected, maintained and kept in repair by that Board out of the general maintenance fund under this Act, and such agreement shall have effect accordingly; and the provisions of this Act relating to certified works vested in that Board shall thereupon apply to the said work.

16 & 17 Vict. c. 136.
(2) An agreement under this section shall contain a covenant for the payment to the Board of Works by the county council of such an annual sum as the Lord Lieutenant may certify to be properly payable by the council as a county contribution in respect of the work, and the provisions of this Act relating to county contributions shall apply to that sum.

Definitions.                                                                   12. In this Act—
54 & 55 Vict. c. 48.
The expression “marine work” includes any physical construction or operation required for, or connected with, the purposes of navigation;
The expression “the Board of Works” means the Commissioners of Public Works in Ireland;
The expression “the Department of Agriculture” means the Department of Agriculture and Technical Instruction for Ireland; and
The expressions “the Congested Districts Board” and “congested districts county” have the same meanings as in the Purchase of Land (Ireland) Act, 1891.

Short title.                                                                   13. This Act may be cited as the Marine Works (Ireland) Act 1902.