Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

PART 7

Licences

Chapter 1

Interpretation

Interpretation - Part 7

149. (1) In this Part—

“Act of 2015” means the Legal Services Regulation Act 2015 ;

“appeals officer” means a person appointed under section 156 (1) to be an appeals officer;

“applicant”, in relation to an application, means the person who made the application;

“application” means an application under section 150 (1);

“competence” includes experience, knowledge, skills and qualifications (including professional or academic qualifications) relevant to any matter to which an application relates;

“legal practitioner” means a person who is a practising barrister or practising solicitor within the meaning of the Act of 2015;

“licensing authority”, in relation to a licence, means—

(a) subject to paragraphs (b) to (d), the Minister,

(b) in the case of a licence referred to in section 82 (h) where the bye-law maker referred to in that section is the Commissioners, the Commissioners,

(c) in the case of a licence referred to in section 82 (h) where the bye-law maker referred to in that section is a local authority, the local authority, or

(d) in the case of a licence referred to in section 116 (2), the Board;

“Regulations of 2017” means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 );

“related activity”, in relation to a licensable activity, means an activity that is not a licensable activity but is an activity that reasonably needs to be carried out in conjunction with, or consequential upon, the carrying out of the licensable activity, and includes—

(a) the preparation or publication of any report, or

(b) the study, analysis or protection of any object.

(2) (a) Subject to paragraph (b), a licence may be granted in respect of 2 or more licensable activities but only by the same licensing authority.

(b) Paragraph (a) shall not apply to a licence referred to in section 116 (2).

(c) A licence may relate to 2 or more geographical areas or 2 or more parts of one or more than one geographical area.