Policing, Security and Community Safety Act 2024
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Continuation of Garda Síochána Ombudsman Commission as Fiosrú - Oifig an Ombudsman Póilíneachta | ||
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170. (1) The body corporate known as the Garda Síochána Ombudsman Commission established by section 64 of the Act of 2005 shall, notwithstanding the repeal of that section by section 5 , continue in being, and, on and after the date of the coming into operation of this section, shall be known as Fiosrú - Oifig an Ombudsman Póilíneachta (in this Act referred to as the “Office of the Police Ombudsman”) and be organised in accordance with this Part. | ||
(2) The Office of the Police Ombudsman shall be a body corporate with perpetual succession and an official seal and with the power— | ||
(a) to sue and be sued in its corporate name, and | ||
(b) with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, to acquire, hold and dispose of land or an interest in land or any other property. | ||
(3) The Office of the Police Ombudsman shall provide itself with a seal as soon as practicable after the coming into operation of this section and the seal shall be authenticated by the signatures of both— | ||
(a) the Police Ombudsman, and | ||
(b) the Deputy Police Ombudsman, the chief executive officer or an officer of the Police Ombudsman who is authorised by the Police Ombudsman to act in that behalf. | ||
(4) Judicial notice shall be taken of the seal of the Office of the Police Ombudsman and any document purporting— | ||
(a) to be an instrument made by that Office, and | ||
(b) to be sealed with the seal of that Office authenticated in accordance with subsection (3), | ||
shall, unless the contrary is shown, be evidence of that instrument without further proof. | ||
(5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Office of the Police Ombudsman by any person generally or specially authorised by the Police Ombudsman in that behalf. | ||
(6) The general function of the Office of the Police Ombudsman shall be to support the Police Ombudsman in the furtherance of the objectives, and the performance of the functions, of the Police Ombudsman under this Act or any other enactment. | ||
(7) The Office of the Police Ombudsman shall have all such powers as are necessary or expedient for the performance of its functions. | ||
(8) References in any legal proceedings pending before the coming into operation of this section to the Garda Síochána Ombudsman Commission or the Ombudsman Commission shall, on and after that coming into operation, and unless the context otherwise requires, be construed as references to the Office of the Police Ombudsman. |