Policing, Security and Community Safety Act 2024

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Power of Taoiseach to designate person to perform functions of Independent Examiner

236. (1) Where the Independent Examiner is, for any reason, unable to perform his or her functions under this Act, the Taoiseach shall, without delay, be so notified in writing by—

(a) the Independent Examiner, or

(b) where the Independent Examiner is unable to so notify the Taoiseach, the Minister upon his or her becoming aware of such inability.

(2) A notification under subsection (1) shall specify—

(a) the date from which the Independent Examiner ceased, or shall cease, being able to perform his or her functions,

(b) the reason for which the Independent Examiner is unable to perform his or her functions, and

(c) where known, the date on which the Independent Examiner shall be able to recommence the performance of his or her functions.

(3) Where the Taoiseach receives a notification under subsection (1), he or she may designate a person to perform the functions of the Independent Examiner for such period, subject to subsection (5), as the Independent Examiner is unable to so perform those functions.

(4) Subsections (5) to (8) of section 233 shall apply to a person designated under subsection (3) subject to the following and any other necessary modifications:

(a) a reference in those subsections to an appointment shall be construed as a reference to a designation under subsection (3);

(b) a reference in section 233 (5) to the Government shall be construed as a reference to the Taoiseach.

(5) A person designated by the Taoiseach under subsection (3) may perform the functions of the Independent Examiner for such period not exceeding 6 months as the Taoiseach may specify.

(6) Where a person is designated under subsection (3) to perform the functions of the Independent Examiner, any reference in this Act or any other enactment to the Independent Examiner shall for the period of such designation be construed as including a reference to the person so designated.

(7) In this section, a reference to the Independent Examiner being unable to perform his or her functions means—

(a) the Independent Examiner being absent or incapacitated, or

(b) the office being vacant.