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Codes of practice
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214. (1) The Minister may prepare and publish a code of practice, not inconsistent with this Act, for the purposes of—
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(a) setting out the manner in which he or she proposes to perform any function conferred upon him or her under a provision of this Act, or
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(b) providing practical guidance to persons, or a class of persons, to assist the persons, or the class of the persons, as the case may be, to comply with a provision of this Act that applies to the persons, or the class of the persons, as the case may be.
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(2) Where the Minister wishes to prepare and publish a code of practice under subsection (1), he or she shall, before publication—
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(a) make available, in such manner as he or she considers appropriate, a draft of the code to such persons as the Minister considers appropriate having regard to the matters to which the code relates,
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(b) invite the persons to whom he or she has made the draft available to make representations in writing on it to the Minister within a period determined by the Minister, being a period of not less than 30 days from the date of making the draft available to those persons,
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(c) consider the representations (if any) received, and
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(d) make any modifications that he or she considers appropriate to the draft.
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(3) Where the Minister publishes a code of practice under subsection (1), he or she shall cause a notice to that effect to be published in Iris Oifigiúil and such notice shall specify—
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(a) the provision of this Act to which the code relates,
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(b) if the code is for the purposes referred to in subsection (1)(b), the persons or class of persons for whom the code is providing guidance,
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(c) the date from which the code has effect, and
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(d) the site where a copy of the code may be viewed, inspected or purchased.
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(4) The Minister shall keep posted on the website of the Department a copy of each code of practice published under subsection (1), 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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(5) The Minister shall arrange for that part of the website of the Department which contains a code of practice pursuant to subsection (4) to ordinarily be accessible by members of the public.
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(6) Subject to subsection (7), the Minister may amend or revoke a code of practice published under subsection (1).
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(7) Subsection (2) shall, with all necessary modifications, apply to a code of practice that the Minister proposes to amend or revoke under subsection (6) as subsection (2) applies to a code of practice that the Minister proposes to publish under subsection (1).
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(8) Where the Minister amends or revokes a code of practice published under subsection (1), the Minister shall cause a notice to that effect to be published in Iris Oifigiúil specifying—
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(a) the code to which the amendment or revocation, as the case may be, relates and, if applicable, particulars of the amendment,
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(b) if the code is for the purposes referred to in subsection (1)(b), the persons or class of persons in respect of whom the code is so amended or revoked, as the case may be, and
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(c) the date from which the amendment or revocation, as the case may be, shall have effect.
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