S.I. No. 366/2015 - Regulation of Lobbying Act 2015 (Appeals) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th September, 2015.

I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by sections 4 and 23 (7) of the Regulation of Lobbying Act 2015 (No. 5 of 2015), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Regulation of Lobbying Act 2015 (Appeals) Regulations 2015.

Commencement

2. These Regulations come into operation on 1 September 2015.

Definitions

3. In these Regulations—

“Act” means the Regulation of Lobbying Act 2015 (No. 5 of 2015);

“appeal” means an appeal under section 23 of the Act;

“appellant” means a person who makes an appeal;

“appellant’s reply” means the reply referred to in Regulation 6(2);

“Commission’s statement” means the statement referred to in Regulation 5(b);

“nominated appeal officer” means the person nominated under section 23(5) of the Act in respect of an appeal;

“notice of appeal” means a notice given by an appellant under section 23(1) of the Act.

Receipt of notice of appeal

4. (1) The Commission shall notify the appellant of receipt by the Commission of the notice of appeal and of the name and contact details of the nominated appeal officer.

(2) A notification given under paragraph (1) shall be in writing and may be in electronic form.

Information to be supplied to nominated appeal officer

5. The Commission shall send to the nominated appeal officer—

(a) a copy of the notice of appeal and a copy of all other documents submitted by the appellant with the notice of appeal,

(b) a statement from the Commission detailing the extent to which it accepts or rejects the reasons for the appeal submitted by the appellant, and

(c) all information, documents or items in the power or control of the Commission which in the opinion of the Commission are relevant to the appeal.

Commission’s statement

6. (1) The nominated appeal officer shall send a copy of the Commission’s statement to the appellant as soon as practicable after the statement is received by the nominated appeal officer.

(2) The appellant may send to the nominated appeal officer a reply in writing to the Commission’s statement.

(3) The appellant’s reply shall only address matters addressed in the Commission’s statement.

(4) The nominated appeal officer may specify or agree with the appellant a date by which the appellant’s reply must be received by the nominated appeal officer.

(5) The appellant’s reply shall be in writing and may be in electronic form.

(6) A copy of the appellant’s reply shall be sent by the nominated appeal officer to the Commission as soon as practicable after receipt of that reply by the nominated appeal officer.

Person concerned

7. (1) The nominated appeal officer may notify any person appearing to him or her to be concerned with the subject matter of an appeal.

(2) A notification under paragraph (1) shall be given as soon as practicable after receipt by the nominated appeal officer of the notice of appeal.

Further information and amendments

8. (1) The nominated appeal officer may—

(a) request the appellant, the Commission or any person notified under Regulation 7 to provide information relating to the subject matter of the appeal to the nominated appeal officer either orally or in writing (including in electronic form),

(b) following a request from the appellant, permit the appellant to amend the notice of appeal, the appellant’s reply or any information provided by the appellant,

(c) following a request from the Commission, permit the Commission to amend the Commission’s statement or any information provided by the Commission, or

(d) set a date or dates by which any information or amended documents provided under this Regulation are to be received by the nominated appeal officer.

(2) The nominated appeal officer shall make available to the appellant, the Commission and any person notified under Regulation 7—

(a) any information provided to the nominated appeal officer under paragraph (1)(a) which the nominated appeal officer intends to take into account in reaching a decision,

(b) a copy of any substantive amendment made to a notice of appeal, appellant’s reply or any information provided by the appellant under paragraph (1)(b), and

(c) a copy of any substantive amendment made to the Commission’s statement or any information provided by the Commission under paragraph (1)(c).

Withdrawal of appeal

9. (1) The appellant may withdraw his or her appeal by notice in writing to the nominated appeal officer.

(2) A notice given under paragraph (1) may be in electronic form.

Giving of notice

10. (1) A notice or other document that is required to be given to a person under these Regulations shall be addressed to the person concerned by name, and may be so given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by ordinary post to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) in a case in which an e-mail address for service has been furnished, to that e-mail address.

(2) For the purpose of these Regulations, a company within the meaning of the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

GIVEN under my Official Seal,

1 September 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.