Ombudsman (Amendment) Act 2012
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SCHEDULE | ||
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PART 1 Schedule Replacing First Schedule to Principal Act | ||
“FIRST SCHEDULE | ||
Reviewable Agencies | ||
PART I | ||
(a) a Department of State; | ||
(b) an entity established by or under any enactment, statutory instrument or charter (other than the Companies Acts) or any scheme administered by a Minister of the Government; | ||
(c) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government; | ||
(d) any entity (other than an entity to which paragraph (a) or (b) relates) established or appointed by the Government or a Minister of the Government; | ||
(e) a subsidiary (within the meaning of the Companies Acts) of a company to which paragraph (c) relates; | ||
(f) an entity (other than a subsidiary to which paragraph (e) relates) that is directly or indirectly controlled by an entity to which paragraph (b), (c), (d) or (e) relates; | ||
(g) an entity on which functions are conferred by or under statute, statutory instrument or charter, but only in respect of those functions; | ||
(h) a higher education institution in receipt of public funding; | ||
(i) an entity that immediately prior to the enactment of the Ombudsman (Amendment) Act 2012 was subject to review by the Ombudsman. | ||
PART II | ||
Part I of this Schedule does not include a reference to— | ||
(a) the Adoption Authority of Ireland, insofar as it relates to the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010 ; | ||
(b) An Bord Altranais, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of nurses under the Nurses Act 1985 and to its role as the competent authority for the purposes of mutual recognition of nursing qualifications obtained in or recognised by a Member State; | ||
(c) Bord na Radharcmhastóirí, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of optometrists and dispensing opticians under the Opticians Acts 1956 and 2003 and to its role as competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State; | ||
(d) the Courts Service, except as it relates to an action taken in the performance of administrative functions under section 5 of the Courts Service Act 1998 ; | ||
(e) the Dental Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of dentists and dental practitioners under the Dentists Act 1985 and to its role as the competent authority for the purposes of mutual recognition of dental qualifications obtained in or recognised by a Member State; | ||
(f) the Department of Justice and Equality, insofar as it relates to an action— | ||
(i) taken in the administration of the law relating to immigration or naturalisation, | ||
(ii) taken in the administration of the prisons or other places for the custody of persons committed to custody by the Courts, | ||
(iii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution, or | ||
(iv) involving the remission of any forfeiture or disqualification imposed by a court exercising criminal jurisdiction; | ||
(g) the Health and Safety Authority, except as it relates to an action taken in the performance of administrative functions under section 34 of the Safety, Health and Welfare at Work Act 2005 ; | ||
(h) the Health and Social Care Professionals Council, except as it relates to an action taken in the performance of administrative functions under Part 4 of the Health and Social Care Professionals Act 2005 ; | ||
(i) the Health Service Executive, insofar as it relates to an action taken— | ||
(i) by persons when acting on behalf of the Health Service Executive and (in the opinion of the Ombudsman) solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a patient, whether such opinion is formed by the person taking the action or by any other person; or | ||
(ii) an action taken by the Health Service Executive when acting on the advice of persons referred to in subparagraph (i), being actions of the Health Service Executive that, in the opinion of the Ombudsman, were taken solely on such advice; | ||
(j) the Legal Aid Board, insofar as it relates to the provision of legal services (advice or representation) by solicitors of the Legal Aid Board, or by private solicitors working under the auspices of the Legal Aid Board, to clients; | ||
(k) a local authority (within the meaning of the Local Government Act 2001 ), insofar as it relates to the performance of reserved functions within the meaning of that Act; | ||
(l) the Medical Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of medical practitioners under the Medical Practitioners Act 2007 and to its role as the competent authority for the purposes of mutual recognition of medical qualifications obtained in or recognised by a Member State; | ||
(m) the Personal Injuries Assessment Board, except as it relates to an action taken in the performance of administrative functions under Part 3 of the Personal Injuries Assessment Board Act 2003 ; | ||
(n) the Pharmaceutical Society of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pharmacists, pharmaceutical assistants and retail pharmacy businesses under the Pharmacy Act 2007 and to its role as the competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State; | ||
(o) the Pre-Hospital Emergency Care Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pre-hospital emergency care practitioners under the Pre-Hospital Emergency Care Council (Establishment) Order) 2000 ( S.I. No. 109 of 2000 ) and to its role as the competent authority for the purposes of mutual recognition of relevant qualifications obtained in or recognised by a Member State; | ||
(p) the Private Residential Tenancies Board, except as it relates to an action taken in the performance of administrative functions under Part 7 of the Residential Tenancies Act 2004 ; | ||
(q) the Property Services Appeal Board, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to the specification of qualification and other requirements for property service providers under that Act; | ||
(r) the Property Services Regulatory Authority, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to its role relating to the specification of qualification and other requirements for property service providers under that Act; | ||
(s) the Radiological Protection Institute of Ireland, except as it relates to an action taken in the performance of administrative functions under section 7 of the Radiological Protection (Amendment) Act 2002 ; | ||
(t) the Veterinary Council of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of veterinary practitioners and a register of veterinary nurses under the Veterinary Practice Act 2005 and to its role as the competent authority for the purposes of the mutual recognition of veterinary qualifications obtained in or recognised by a Member State.”. | ||
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PART 2 Schedule Replacing Second Schedule to Principal Act | ||
“SECOND SCHEDULE | ||
Exempt Agencies | ||
1. Abbey Theatre | ||
2. Aer Lingus | ||
3. An Bord Pleanála | ||
4. An Post | ||
5. Army Pensions Board | ||
6. Arramara Teoranta | ||
7. Bantry Bay Harbour Commissioners | ||
8. Bord Gais Éireann | ||
9. Bord na gCon | ||
10. Bord na Móna | ||
11. Broadcasting Authority of Ireland | ||
12. Bus Átha Cliath — Dublin Bus | ||
13. Bus Éireann | ||
14. Central Bank of Ireland | ||
15. Coillte Teoranta | ||
16. Coimisinéir Teanga | ||
17. Commission for Aviation Regulation | ||
18. Commission for Communications Regulation | ||
19. Commission for Energy Regulation | ||
20. Commission for Public Service Appointments | ||
21. Commission to Inquire into Child Abuse | ||
22. Commissioners of Irish Lights | ||
23. Comptroller and Auditor General | ||
24. Córas Iompair Éireann | ||
25. Cork Airport Authority plc. | ||
26. Coroners appointed under the Coroners Act 1962 | ||
27. Criminal Assets Bureau | ||
28. Data Protection Commissioner | ||
29. Defence Forces | ||
30. Director of Public Prosecutions | ||
31. Drogheda Port Company | ||
32. Dublin Airport Authority plc. | ||
33. Dublin Port Company | ||
34. Dun Laoghaire Harbour Company | ||
35. EirGrid plc. | ||
36. Electricity Supply Board | ||
37. Employment Appeals Tribunal | ||
38. Environmental Protection Agency | ||
39. Equality Tribunal | ||
40. Financial Services Ombudsman | ||
41. Galway Harbour Company | ||
42. Garda Síochána Inspectorate | ||
43. Garda Síochána | ||
44. Garda Síochána Ombudsman Commission | ||
45. Health Insurance Authority | ||
46. Horse Racing Ireland | ||
47. Housing Finance Agency plc. | ||
48. Human Rights Commission | ||
49. Iarnród Éireann — Irish Rail | ||
50. Irish Auditing and Accounting Supervisory Authority | ||
51. Irish Aviation Authority | ||
52. Irish Bank Resolution Corporation Limited | ||
53. Irish Film Board | ||
54. Irish Financial Services Appeals Tribunal | ||
55. Irish National Petroleum Corporation Limited | ||
56. Irish National Stud Company Limited | ||
57. Judge Advocate-General | ||
58. Judicial Appointments Advisory Board | ||
59. Judicial Studies Institute | ||
60. Labour Court | ||
61. Labour Relations Commission | ||
62. Law Reform Commission | ||
63. Marine Casualty Investigation Board | ||
64. Medical Bureau of Road Safety | ||
65. Mental Health (Criminal Law) Review Board | ||
66. Mental Health Commission | ||
67. Mining Board | ||
68. National Advisory Committee on Drugs | ||
69. National Asset Management Agency | ||
70. National Concert Hall | ||
71. National Development Finance Agency | ||
72. National Disability Authority | ||
73. National Economic and Social Development Office | ||
74. National Lottery Company (within the meaning of the National Lottery Act 1986 ) | ||
75. National Oil Reserves Agency | ||
76. National Pensions Reserve Fund Commission | ||
77. National Tourism Development Authority | ||
78. National Treasury Management Agency | ||
79. New Ross Port Company | ||
80. Office of the Attorney General | ||
81. Office of the Confidential Recipient | ||
82. Office of the Director of Corporate Enforcement | ||
83. Office of the Information Commissioner | ||
84. Office of the Inspector of Prisons | ||
85. Office of the Ombudsman | ||
86. Office of the Ombudsman for Children | ||
87. Office of the Ombudsman for the Defence Forces | ||
88. Office of the President | ||
89. Pensions Ombudsman | ||
90. Poisons Council | ||
91. Port of Cork Company | ||
92. Port of Waterford Company | ||
93. Private Security Authority | ||
94. Private Security Appeal Board | ||
95. Raidió Teilifís Éireann | ||
96. Railway Procurement Agency | ||
97. Referendum Commission | ||
98. Refugee Appeals Tribunal | ||
99. Refugee Applications Commissioner | ||
100. Residential Institutions Redress Board | ||
101. Rights Commissioners | ||
102. Shannon Airport Authority plc. | ||
103. Shannon Foynes Port Company | ||
104. Social Welfare Tribunal | ||
105. Standards in Public Office Commission | ||
106. State Pathologist | ||
107. Teilifís na Gaeilge | ||
108. Valuation Tribunal | ||
109. Voluntary Health Insurance Board | ||
110. Wicklow Port Company”. |