CLASSIFIED LIST OF LEGISLATION IN FORCE IN …

1 1 DRAFT CLASSIFIED LIST OF LEGISLATION IN FORCE IN ireland COMPRISING ACTS AND STATUTORY INSTRUMENTS VERSION 13 September 2016 Version 13 of the CLASSIFIED List of LEGISLATION in FORCE in ireland includes a list of Acts in FORCE and the statutory instruments made under the relevant Acts to the end of September 2016. It has been prepared following consultation with all Government Departments. As discussed in the Introduction, the Commission has decided to publish it as a Draft CLASSIFIED List in order to receive further feedback and comments on its content.

2 The Commission intends, after full consideration of this consultative process, to publish a single CLASSIFIED List of Acts and statutory instruments. While every care has been taken in the preparation of this draft CLASSIFIED List, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. The Commission welcomes feedback and asks users to please notify any errors, omissions and comments by email to 2 3 TABLE OF CONTENTS Page INTRODUCTION.

3 5 Purpose and Origins of the CLASSIFIED List of LEGISLATION in FORCE in ireland .. 5 Development of the CLASSIFIED List to include statutory instruments .. 5 Notes on why this remains a draft List of in- FORCE statutory instruments .. 6 LEGISLATION Directory for statutory instruments .. 8 Acts-as-amended (Revised Acts) .. 8 Format of entries and notations in the draft CLASSIFIED List .. 9 Version history of the CLASSIFIED List .. 10 List of 36 subject-matter headings or titles in the CLASSIFIED List .. 11 CLASSIFIED LIST OF LEGISLATION - ACTS AND STATUTORY INSTRUMENTS.

4 13 1. AGRICULTURE AND FOOD .. 13 2. ARTS, CULTURE AND SPORT .. 55 3. BUSINESS OCCUPTIONS AND PROFESSIONS .. 68 4. BUSINESS REGULATION, INCLUDING BUSINESS NAMES, COMPANY LAW AND PARTNERSHIPS .. 83 5. CITIZENSHIP, EQUALITY AND INDIVIDUAL STATUS .. 89 6. CIVIL LIABILITY (CONTRACT AND TORT) AND DISPUTE RESOLUTION .. 108 7. COMMERCIAL LAW .. 117 8. COMMUNICATIONS AND ENERGY .. 132 9. COURTS AND COURTS SERVICE .. 169 10. CRIMINAL LAW .. 227 11. DEFENCE FORCES .. 247 12. EDUCATION AND SKILLS .. 257 13. ELECTION AND REFERENDUM LAW .. 267 14. EMPLOYMENT LAW.

5 273 15. ENTERPRISE, ECONOMIC DEVELOPMENT AND TOURISM .. 309 16. ENVIRONMENT .. 316 17. FAMILY LAW .. 325 18. FINANCIAL SERVICES AND CREDIT INSTITUTIONS .. 331 19. FOREIGN AFFAIRS AND INTERNATIONAL RELATIONS .. 355 20. GARDA S OCH NA (POLICE) .. 366 21. HEALTH AND HEALTH SERVICES .. 376 22. IRISH LANGUAGE AND 415 23. LAND LAW, SUCCESSION AND 418 24. LICENSED SALE OF ALCOHOL .. 436 25. LOCAL GOVERNMENT .. 438 4 26. NATIONAL GOVERNMENT .. 463 27. NATURAL RESOURCES .. 503 28. OIREACHTAS (NATIONAL PARLIAMENT) AND LEGISLATION .. 519 29. PLANNING, DEVELOPMENT AND HOUSING.

6 533 30. PRISONS AND PLACES OF DETENTION .. 554 31. PUBLIC SAFETY (INCLUDING BUILDING STANDARDS, FIRE SAFETY AND PRODUCT SAFETY) .. 559 32. SOCIAL WELFARE, PENSIONS, CHARITIES AND RELIGIOUS BODIES .. 576 33. STATE FINANCE AND PROCUREMENT .. 623 34. STATE PERSONNEL AND SUPERANNUATION/PENSIONS .. 679 35. TAXATION .. 691 36. TRANSPORT .. 720 STATUTORY INSTRUMENTS MADE UNDER EUROPEAN COMMUNITIES ACT 1972, SECTION 3 .. 813 Section 3 SIs - Department of Agriculture, Food and the Marine .. 813 Section 3 SIs - Department of Arts, Heritage and the Gaeltacht.

7 842 Section 3 SIs - Department of Communications, Climate Act and Environment .. 859 Section 3 SIs - Department of Defence .. 868 Section 3 SIs - Department of Education and Skills .. 869 Section 3 SIs - Department of Housing, Planning, Community and Local Government .. 870 Section 3 SIs - Department of Finance .. 879 Section 3 SIs - Department of Foreign Affairs .. 891 Section 3 SIs - Department of Health .. 892 Section 3 SIs - Department of Jobs, Enterprise and Innovation .. 899 Section 3 SIs - Department of Justice and Equality .. 921 Section 3 SIs - Department of Public Expenditure and Reform.

8 927 Section 3 SIs - Department of Social Protection .. 928 Section 3 SIs - Department of the Taoiseach .. 929 Section 3 SIs - Department of Transport, Tourism and Sport .. 930 APPENDIX - Alphabetical List of 280+ Revised Acts .. 943 5 INTRODUCTION Purpose and Origins of the CLASSIFIED List of LEGISLATION in FORCE in ireland The purpose of the CLASSIFIED List of LEGISLATION In FORCE in ireland is to have a complete and accurate CLASSIFIED List of Acts (and, when this draft List has been further developed, to include all statutory instruments made under those Acts) that remain in FORCE in ireland (Acts that have not been repealed, and, when this draft List has been further developed, to include statutory instruments that have not been revoked).

9 They have been organised under 36 general subject-matter headings, with each Act (and, in this draft List, each statutory instrument) identified with its relevant Government Department. The CLASSIFIED List derives from the Commission s general statutory mandate in the Law Reform Commission Act 1975 to keep the law under review, and from its participation in the eLegislation Group (Department of the Taoiseach). The initial CLASSIFIED List, comprising over 2,000 Acts, was developed through a consultative process in 2010, in which a draft was circulated to all Government Departments, following which Version 1 of the CLASSIFIED List was published on the Commission s website, The Commission then published a Consultation Paper on a CLASSIFIED List of LEGISLATION in ireland (LRC 62-2010).

10 The Consultation Paper also explained the basis for the 36 subject-matter headings. The headings take account of: (a) some near-universal and conventional headings, such as Civil Liability, Commercial Law, Criminal Law and Taxation; (b) areas of responsibility of Government Departments in ireland ; (c) headings unique to ireland , such as Heading 21, Irish Language and Gaeltacht; and (d) headings used in comparable CLASSIFIED compilations in other Common Law countries, notably the United States of America (both at federal and state level). Since 2010, the Commission has updated the CLASSIFIED List on a regular basis.