S.I. No. 411/2020 - Civil Law and Criminal Law (Designated Body - Agriculture) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th October, 2020.

I, Charlie McConalogue, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 31 (3) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13 of 2020), hereby make the following order:

Citation

1. This Order may be cited as the Civil Law and Criminal Law (Designated Body - Agriculture) Order 2020.

Designated bodies

2. The following bodies or persons are designated as a designated body in accordance with section 31(3) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13 of 2020) for the purposes of holding hearings by remote means:

(a) the Aquaculture Licences Appeals Board, established under section 22 of the Fisheries (Amendment) Act 1997 (No. 23 of 1997) and empowered to hear and determine appeals against a decision of the Minister in respect of an aquaculture licence;

(b) an Appeals Officer, appointed under section 6 of the Fisheries (Amendment) Act 2003 (No. 21 of 2003) and empowered to hear and determine appeals against a decision of a licencing authority in respect of a sea-fishing boat licence;

(c) an Appeals Officer, appointed under section 2 of the Agriculture Appeals Act 2001 (No. 29 of 2001) and empowered to hear and determine appeals against decisions in respect of applications for entitlement under the schemes set out in Schedule 1 to the Act;

(d) the Forestry Appeals Committee, established under section 14A of the Agriculture Appeals Act 2001 (No. 29 of 2001) and empowered to hear and determine appeals against decisions under an enactment or statutory instrument set out in Schedule 2 to the Act;

(e) the Fitness to Practise Committee, established under section 71 of the Veterinary Practice Act 2005 (No. 22 of 2005) and empowered to hold inquiries, hear evidence and prepare a report on the fitness to practice of a registered person under the Act;

(f) the Determination Panel, established under and in accordance with Regulation 5 of the European Union (Common Fisheries Policy) (Point System) Regulations 2020 ( S.I. No. 318 of 2020 ) and empowered to hear and determine whether a serious infringement has occurred for the purposes of those Regulations;

(g) an Appeals Officer, appointed under Regulation 11 of the European Union (Common Fisheries Policy) (Point System) Regulations 2020 ( S.I. No. 318 of 2020 ) and empowered to hear and determine an appeal under Regulation 12 of those Regulations.

GIVEN under my Official Seal,

1 October, 2020.

CHARLIE MCCONALOGUE,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order designates a number of bodies or persons under the remit of the Minister of Agriculture, Food and the Marine for the purposes of section 31 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 . The bodies and persons designated under that section may carry out their statutory function to hold hearings by holding such hearings remotely using electronic means.