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Chapter 3
Codes of practice
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Codes of practice
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173. (1) Subject to subsection (2), the AHRRA may and, at the request of the Minister, shall—
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(a) prepare and publish a code of practice, or
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(b) approve of a code of practice drawn up by any other body,
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for the purpose of providing guidance for the provision or undertaking of relevant activities (including a type of relevant activity).
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(2) Before publishing or approving of a code of practice under this section, the AHRRA—
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(a) may publish in such manner as the AHRRA considers appropriate a draft of the code and shall allow persons 30 days from the date of publication of the draft code within which to make representations in writing to the AHRRA in relation to the draft code or such further period, not exceeding 30 days, as the AHRRA in its absolute discretion thinks fit, and
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(b) following consultation and, where relevant, having considered the representations (if any) made, shall submit the draft code to the Minister for his or her consent to its publication or approval of under this section, with or without modifications.
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(3) Where the AHRRA publishes or approves of a code of practice under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—
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(a) identifying or specifying the code,
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(b) specifying the relevant activity in respect of which the code is so published or approved, as the case may be, and
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(c) specifying the date from which the code shall have effect.
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(4) The AHRRA may, with the consent of the Minister but subject to subsection (5)—
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(a) amend or revoke a code of practice published under this section, or
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(b) withdraw its approval of any code of practice approved of under this section.
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(5) Subsection (2) shall, with all necessary modifications, apply to a code of practice that the AHRRA proposes to amend or revoke, or withdraw its approval of, under subsection (4) as subsection (2) applies to a code of practice that the AHRRA proposes to publish or approve of under this section.
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(6) Where the AHRRA amends or revokes, or withdraws its approval of, a code of practice published or approved of under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil—
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(a) identifying or specifying the code to which the amendment, revocation, or withdrawal, as the case may be, relates and, if applicable, particulars of the amendment,
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(b) specifying the relevant activity in respect of which the code is so amended, revoked or withdrawn, as the case may be, and
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(c) specifying the date from which the amendment, revocation, or withdrawal, as the case may be, shall have effect.
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(7) The AHRRA shall encourage holders, or classes of holders, as applicable, to comply with codes of practice published or approved of under this section (including such a code as amended from time to time under this section).
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(8) The AHRRA shall keep posted on its website a copy of each code of practice published or approved of under this section, as the code is in force from time to time, on and from the date on which the code has effect.
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(9) In this section (including subsection (2)(a)), “code of practice” includes part of a code of practice.
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