Freedom of Information Act 2014
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Prescribed bodies | ||
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7. (1) Subject to subsection (2) and (3), the Minister may, after consultation with the Commissioner, such other Ministers of the Government as he or she considers appropriate and such committee of the Houses of the Oireachtas as he or she considers appropriate, and having regard to the need to ensure the oversight of entities referred to in subsection (6) and the need for such entities to adhere to the principles of transparency and accountability in government and public affairs as respects those of their activities as are relevant to subsection (6), by order declare an entity to be a prescribed body for the purposes of this Act. | ||
(2) The specification of an entity in an order under subsection (1) may be expressed to be subject to the inclusion or exclusion of elements of that entity. | ||
(3) The Minister may, after consultation with such other Minister of the Government (if any) as appears to him or her to be appropriate, having consulted such committee of the Houses of the Oireachtas as he considers appropriate and having regard to the criteria specified in subsection (1), by order amend or revoke an order under subsection (1) . | ||
(4) An entity standing prescribed pursuant to an order for the purposes of subsection (1) — | ||
(a) where elements of the entity are included therein, shall be an FOI body only in respect of those elements referred to in that order, or | ||
(b) where elements of the entity are excluded therefrom, shall not be an FOI body in respect of elements referred to in that order. | ||
(5) Where a dispute arises between the Commissioner and any prescribed body as to whether this Act applies to an element of that body, the dispute shall be submitted to the Minister whose determination shall be binding on the Information Commissioner and the body. | ||
(6) The Minister may prescribe for the purposes of subsection (1) any of the following: | ||
(a) an entity, being— | ||
(i) a company established under the Companies Acts in pursuance of powers conferred by or under another enactment, or | ||
(ii) any other entity, whether financed wholly or partly, or directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; | ||
(b) any other entity on which functions in relation to the general public or a class of the general public stand conferred by any enactment (but only in respect of those functions); | ||
(c) a subsidiary (within the meaning of the Companies Acts) of, or any entity directly or indirectly controlled by, an entity referred to in this subsection; | ||
(d) an entity (being a body corporate) that directly or indirectly controls any entity referred to in this subsection. | ||
(7) The power of amendment or revocation under subsection (3) is without prejudice to the application of section 22 (3) of the Interpretation Act 2005 to other provisions of this Act enabling the making of orders. | ||
(8) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. | ||
(9) An order made under subsection (1) may specify a date, which shall not be a date later than 6 months from the date of such order, on which the entity concerned shall become a prescribed body. | ||
(10) (a) Where an entity that is a prescribed body— | ||
(i) changes its name, | ||
(ii) merges with, takes over, or is taken over by, another entity, whether or not the merger or takeover results in the creation of a new entity, | ||
(iii) creates a subsidiary entity, | ||
(iv) splits its functions into new entities or delegates functions to another entity, or | ||
(v) re-organises itself such that a function previously performed by the body is performed by another entity, | ||
the entity shall continue to be a prescribed body and any other entity referred to in this paragraph shall become and be a prescribed body in respect of the functions for which the first-mentioned entity was a prescribed body and subject to any conditions prescribed or specified by this Act in that regard. | ||
(b) Reference in this subsection to a body or entity means such a body or entity whether incorporated or unincorporated. |