Policing, Security and Community Safety Act 2024
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Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 | ||
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291. The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended— | ||
(a) in section 2(1)— | ||
(i) by the deletion of the definition of “Ombudsman Commission”, and | ||
(ii) by the insertion of the following definition: | ||
“ ‘member of garda staff’, other than in section 42(2), shall be construed in accordance with the Policing, Security and Community Safety Act 2024;”, | ||
(b) in section 40, by the substitution of the following for the definition of “member of the Garda Síochána”: | ||
“ ‘member of An Garda Síochána’ has the same meaning as it has in the Policing, Security and Community Safety Act 2024.”, | ||
(c) in section 41(2)— | ||
(i) in paragraph (b), by the substitution of “applies;” for “applies.”, and | ||
(ii) by the insertion of the following paragraph after paragraph (b): | ||
“(c) a person who is admitted in accordance with the Policing, Security and Community Safety Act 2024 to training for membership (including as a member of the rank of reserve garda) of An Garda Síochána.”, | ||
(d) in section 42— | ||
(i) in subsection (2)— | ||
(I) by the substitution of the following paragraph for paragraph (b): | ||
“(b) a person who is admitted in accordance with the Policing, Security and Community Safety Act 2024 to training for membership (including as a member of the rank of reserve garda) of An Garda Síochána;”, | ||
and | ||
(II) by the substitution of the following paragraph for paragraph (c): | ||
“(c) a member of garda staff who— | ||
(i) is appointed under section 54 (1) or (2) of the Policing, Security and Community Safety Act 2024 as such a member of staff, | ||
(ii) is designated by order of the Minister under section 54 (5) of that Act, and who was appointed as such a member of staff after the commencement of this section, or | ||
(iii) immediately prior to the coming into operation of an order by the Minister under section 54 (5) of the Policing, Security and Community Safety Act 2024, was a member of the civilian staff of An Garda Síochána who was appointed as such a member after the commencement of this section.”, | ||
and | ||
(ii) in subsection (3)— | ||
(I) in paragraph (a), by the substitution of “An Garda Síochána” for “the Garda Síochána”, and | ||
(II) in paragraph (c), by the substitution of “garda staff” for “the civilian staff”, | ||
(e) in section 44(2)(b), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, | ||
(f) in section 45(2)— | ||
(i) by the insertion of the following paragraph after paragraph (b): | ||
“(ba) a person who is in accordance with the Policing, Security and Community Safety Act 2024 admitted to training for membership (including as a member of the rank of reserve garda) of An Garda Síochána;”, | ||
and | ||
(ii) by the substitution of the following paragraph for paragraph (c): | ||
“(c) a member of garda staff.”, | ||
(g) in section 67(2)(d), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, | ||
(h) in section 72(2)(d), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, | ||
(i) in section 73, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs, | ||
(j) by the substitution of the following section for section 99: | ||
“Application of Part to Police Ombudsman | ||
99. The references in this Part to the Commissioner shall, for the purposes of the application of this Part to the Police Ombudsman, be construed as references to the Police Ombudsman.”, | ||
(k) in section 121(1)(b), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”, | ||
(l) in section 126(2), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”, | ||
(m) in section 146, by the substitution of “ section 93 of the Policing, Security and Community Safety Act 2024” for “ section 28 of the Garda Síochána Act 2005 ”, | ||
(n) in section 152(1)(b), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”, | ||
(o) in section 156(3)(d), by the substitution of “the Police Ombudsman, the records of the Police Ombudsman” for “the Ombudsman Commission, the records of the Ombudsman Commission”, | ||
(p) in section 157, by the insertion of the following subsection after subsection (2): | ||
“(2A) Where, immediately before the coming into operation of section 170 of the Policing, Security and Community Safety Act 2024, a code of practice prepared under subsection (2) has been approved under this section, the code of practice shall be deemed to have been prepared by the Police Ombudsman.”, | ||
(q) in section 158, by the insertion of the following subsection after subsection (1): | ||
“(1A) Where, immediately before the coming into operation of section 170 of the Policing, Security and Community Safety Act 2024, arrangements, by written protocols, have been made concerning the matters referred to in subsection (1), the arrangements shall be deemed to have been made by the Director of FSI, the Commissioner and the Police Ombudsman.”, | ||
and | ||
(r) in section 159(1)(m), by the substitution of “Police Ombudsman” for “Ombudsman Commission”. |