Legislation update -  29 September

New Acts and Statutory Instruments.

Acts 

No Acts signed since 25 July 2022.

Acts to date are published electronically on the Irish Statute Book website.

Bills

The current status of all Bills can be viewed under Bills & Acts on the Oireachtas website

Statutory Instruments

 

SI 461/2022. Official Certification Regulations provide detail for application of a number of provisions of Official Controls Regulation (EU 2017/625). This "Certifying Officer SI" provides for offences in case of false or misleading official certificates or the abuse of official certificates. This new SI revokes previous SI 1999/380.

Commencement: 15 September 2022

 

SI 462/2022. These Regulations provide for the biosecurity measures for poultry and other captive birds as a precautionary measure against risk of avian influenza.`

Commencement: 19 September 2022

 

SI 463/2022. These Regulations amend the Sea-Fisheries (Community Control System) Regulations 2016 (S.I. No. 54 of 2016) in certain respects.

Commencement: 7 September 2022

 

SI 464/2022. This Order provides for the commencement of sections 1, 4, 6 and 13 of the Child Care (Amendment) Act 2022 (No. 21 of 2022) with effect from 21st September 2022. Section 1 sets out the definition of key terms used in the Act. Section 4 amends the Child Care Act 1991 (the Principal Act) by substituting a new section for the existing section 24. The purpose of this amendment is to reflect the intent of Article 42A of the Constitution, which was inserted into the Constitution by the Thirty-First Amendment of the Constitution (Children) Act 2012 (the "Children's Referendum"). The new section 24, as inserted by section 4, specifies that in any proceedings before a court in relation to the care and protection of a child, under the Principal Act, including proceedings before the High Court in relation to special care, the court shall regard the best interests of the child as the paramount consideration. Section 6 makes a number of technical amendments to section 29 of the Principal Act. It also inserts a new subsection (5B) into section 29. This new subsection provides that the Minister may grant an approval to an official which will enable that official to attend proceedings under Parts III, IV, IVA or VI of the Principal Act for certain specific defined purposes. Section 6 further amends section 29 by substituting "relevant documents" for "relevant court documents" and provides a definition of 'relevant documents' in a new subsection (10). Section 13 provides for an updated collective citation for the Child Care Acts.

Commencement: 21 September 2022 (See SI for specific sections)

 

SI 465/2022.

Commencement: 20 September 2022

 

SI 466/2022. These Rules amend the Merchant Shipping (Life-Saving Appliances) Rules 2018 (S.I. No. 438 of 2018) to give effect to amendments to the International Convention for the Safety of Life at Sea (SOLAS) 1974 insofar as they relate to Chapter III, which deals with life-saving appliances and arrangements. The Rules address amendments up to and including those adopted at the 98th session of the Maritime Safety Committee of the International Maritime Organization in June 2017 relating to such matters as drills, muster lists, plans and procedures for recovery of persons from the water and maintenance and inspection of life-saving appliances.

Commencement: 21 September 2022

 

SI 467/2022. These Regulations amend the Medicinal Products (Prescription and Control of Supply) Regulations 2003. The purpose of these Regulations is to amend the relevant schedules in relation to the COVID-19 vaccines to provide for the administration of bivalent adapted Covid vaccines as booster doses, and to add an additional product formulation of the original Comirnaty product. These Regulations may be cited as the Medicinal Products (Prescription and Control of Supply) (Amendment) (No. 5) Regulations 2022.

Commencement: 20 September 2022

 

SI 468/2022. This bye-law sets out the procedures for the selection of members for appointment to the Medical Scientists Registration Board for the purposes of section 28(1)(a) of the Health and Social Care Professionals Act 2005.

Commencement: 22 September 2022

 

AREA OF CONSERVATION 000584) REGULATIONS 2022

SI 469/2022. The European Union’s Habitats Directive (92/43/EEC) (as amended) requires Member States to protect habitats and wildlife areas of European interest by, among other things, designating sites as Special Areas of Conservation in order to create a coherent European ecological network. The hyperlink: http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.ht m which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Habitats Directive. The effect of these Regulations is to complete the formal designation of the site as a Special Area of Conservation in accordance with Article 4 of the Directive. The geographical area of the Special Area of Conservation designated by these Regulations is defined in Schedule 1 (a map of the area) and Schedule 2 (a list of the townlands in question or a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage or by viewing the relevant text or map details on www.npws.ie. The natural habitat types and animal and plant species lists cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their conservation (i.e. the measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status). The updated list of published conservation objectives referred to in Regulation 3 is available on www.npws.ie. Public authorities should have regard to these objectives when undertaking a screening or appropriate assessment of plans or projects in accordance with the EU Habitats Directive. Those activities that require consent of the Minister or in some circumstances another public authority listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the natural habitat types and animal and plant species specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Housing, Local Government and Heritage before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.

Commencement: 20 September 2022

 

SI 470/2022. The European Union’s Habitats Directive (92/43/EEC) (as amended) requires Member States to protect habitats and wildlife areas of European interest by, among other things, designating sites as Special Areas of Conservation in order to create a coherent European ecological network. The hyperlink: http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.ht m which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Habitats Directive. The effect of these Regulations is to complete the formal designation of the site as a Special Area of Conservation in accordance with Article 4 of the Directive. The geographical area of the Special Area of Conservation designated by these Regulations is defined in Schedule 1 (a map of the area) and Schedule 2 (a list of the townlands in question or a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage or by viewing the relevant text or map details on www.npws.ie. The natural habitat types and animal and plant species lists cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their conservation (i.e. the measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status). The updated list of published conservation objectives referred to in Regulation 3 is available on www.npws.ie. Public authorities should have regard to these objectives when undertaking a screening or appropriate assessment of plans or projects in accordance with the EU Habitats Directive. Those activities that require consent of the Minister or in some circumstances another public authority listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the natural habitat types and animal and plant species specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Housing, Local Government and Heritage before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties

Commencement: 20 September 2022

 

SI 471/2022. The European Union’s Habitats Directive (92/43/EEC) (as amended) requires Member States to protect habitats and wildlife areas of European interest by, among other things, designating sites as Special Areas of Conservation in order to create a coherent European ecological network. The hyperlink: http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.ht m which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Habitats Directive. The effect of these Regulations is to complete the formal designation of the site as a Special Area of Conservation in accordance with Article 4 of the Directive. The geographical area of the Special Area of Conservation designated by these Regulations is defined in Schedule 1 (a map of the area) and Schedule 2 (a list of the townlands in question or a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage or by viewing the relevant text or map details on www.npws.ie. The natural habitat types and animal and plant species lists cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their conservation (i.e. the measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status). The updated list of published conservation objectives referred to in Regulation 3 is available on www.npws.ie. Public authorities should have regard to these objectives when undertaking a screening or appropriate assessment of plans or projects in accordance with the EU Habitats Directive. Those activities that require consent of the Minister or in some circumstances another public authority listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the natural habitat types and animal and plant species specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Housing, Local Government and Heritage before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.

Commencement: 20 September 2022

 

SI 472/2022. The European Union’s Habitats Directive (92/43/EEC) (as amended) requires Member States to protect habitats and wildlife areas of European interest by, among other things, designating sites as Special Areas of Conservation in order to create a coherent European ecological network. The hyperlink: http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.ht m which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Habitats Directive. The effect of these Regulations is to complete the formal designation of the site as a Special Area of Conservation in accordance with Article 4 of the Directive. The geographical area of the Special Area of Conservation designated by these Regulations is defined in Schedule 1 (a map of the area) and Schedule 2 (a list of the townlands in question or a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage or by viewing the relevant text or map details on www.npws.ie. The natural habitat types and animal and plant species lists cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their conservation (i.e. the measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status). The updated list of published conservation objectives referred to in Regulation 3 is available on www.npws.ie. Public authorities should have regard to these objectives when undertaking a screening or appropriate assessment of plans or projects in accordance with the EU Habitats Directive. Those activities that require consent of the Minister or in some circumstances another public authority listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the natural habitat types and animal and plant species specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Housing, Local Government and Heritage before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.

Commencement: 20 September 2022

 

SI 473/2022. The European Union’s Habitats Directive (92/43/EEC) (as amended) requires Member States to protect habitats and wildlife areas of European interest by, among other things, designating sites as Special Areas of Conservation in order to create a coherent European ecological network. The hyperlink: http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.ht m which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Habitats Directive. The effect of these Regulations is to complete the formal designation of the site as a Special Area of Conservation in accordance with Article 4 of the Directive. The geographical area of the Special Area of Conservation designated by these Regulations is defined in Schedule 1 (a map of the area) and Schedule 2 (a list of the townlands in question or a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage or by viewing the relevant text or map details on www.npws.ie. The natural habitat types and animal and plant species lists cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their conservation (i.e. the measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status). The updated list of published conservation objectives referred to in Regulation 3 is available on www.npws.ie. Public authorities should have regard to these objectives when undertaking a screening or appropriate assessment of plans or projects in accordance with the EU Habitats Directive. Those activities that require consent of the Minister or in some circumstances another public authority listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the natural habitat types and animal and plant species specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Housing, Local Government and Heritage before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.

Commencement: 20 September 2022

 

SI 474/2022. The European Union’s Habitats Directive (92/43/EEC) (as amended) requires Member States to protect habitats and wildlife areas of European interest by, among other things, designating sites as Special Areas of Conservation in order to create a coherent European ecological network. The hyperlink: http://ec.europa.eu/environment/nature/legislation/habitatsdirective/index_en.ht m which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Habitats Directive. The effect of these Regulations is to complete the formal designation of the site as a Special Area of Conservation in accordance with Article 4 of the Directive. The geographical area of the Special Area of Conservation designated by these Regulations is defined in Schedule 1 (a map of the area) and Schedule 2 (a list of the townlands in question or a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage or by viewing the relevant text or map details on www.npws.ie. The natural habitat types and animal and plant species lists cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their conservation (i.e. the measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status). The updated list of published conservation objectives referred to in Regulation 3 is available on www.npws.ie. Public authorities should have regard to these objectives when undertaking a screening or appropriate assessment of plans or projects in accordance with the EU Habitats Directive. Those activities that require consent of the Minister or in some circumstances another public authority listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the natural habitat types and animal and plant species specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Housing, Local Government and Heritage before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulations 6 and 7) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.

Commencement: 20 September 2022

 

SI 475/2022. These regulations amend the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 ( S.I. No. 107 of 2013 ) to provide for the following: (a) prescribe standards as required by Section 11(2) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012, (b) introduce premises improvements and remove the special conditions relating to drive throughs and HCV pit lengths, (c) delay the requirement to comply with standards to 19 March 2027, which shall allow: - premises that already meet standards to be authorised for up to 10 years, - sufficient time for upgrading of premises that do not meet standards, - affected CVR test operators to renew their authorisations using existing premises until 18 March 2027 and subsequently using upgraded premises which meet standards until 18 March 2034. This approach shall give affected CVR test operators a 3-year grace period, and (d) introduce dimension tolerances for testing premises (where dimensions are close to the minimum required) in very limited circumstances where there will be no material impact on the standard of testing or the standard of the premises. Ensuring the improvement of standards is achieved where possible without excluding a testing premises that narrowly fails to meet one or two of the dimension requirements.

Commencement: 19 March 2027 (Regulation 2(b), insofar as it relates to Part 1C of Schedule 3 to the Principal Regulations)

 

SI 476/2022.

Commencement: 20 September 2022

 

SI 477/2022.

Commencement: 20 September 2022