Policing, Security and Community Safety Act 2024

Amendment of Garda Síochána (Recording Devices) Act 2023

302. The Garda Síochána (Recording Devices) Act 2023 is amended—

(a) in section 2—

(i) in the definition of “member of Garda personnel”, in paragraph (b), by the substitution of “garda staff within the meaning of the Act of 2024” for “the civilian staff of the Garda Síochána who was appointed under, or designated by order under, section 19 of the Act of 2005”,

(ii) in the definition of “member of the Garda Síochána”, by the substitution of “the Act of 2024” for “section 3(1) of the Act of 2005”, and

(iii) by the insertion of the following definition:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;”,

(b) in section 3(3), by the substitution of “section 1(2)” for “section 2”,

(c) in section 6(2), by the substitution of “ section 261 (3) of the Act of 2024” for “ section 59 (3) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 ”,

(d) in section 7, by the insertion of the following subsection after subsection (2):

“(3) On and from the establishment day of the Authority (within the meaning of Part 4 of the Act of 2024), a reference in section 38 of the Act of 2005 to the Authority shall, for a period of 4 years after the date of the coming into operation of this section, be construed as a reference to the Authority (within the meaning of the Act of 2024).”,

(e) in section 28—

(i) in subsection (3)(c), by the substitution of “safety partnership” for “joint policing committee”,

(ii) by the substitution of the following subsection for subsection (7):

“(7) In this section, ‘safety partnership’ means a safety partnership within the meaning of Part 3 of the Act of 2024.”,

and

(iii) by the insertion of the following subsections after subsection (7):

“(8) Where, after the repeal of section 36 of the Act of 2005 by section 5 of the Act of 2024, a joint policing committee has not been dissolved pursuant to regulations made under section 114 (1) of that second mentioned Act, a reference in this section to a safety partnership in respect of a local authority’s administrative area shall, for so long as the joint policing committee has not been dissolved, be construed as including a reference to that joint policing committee in respect of the administrative area concerned.

(9) Where, immediately before the repeal of section 36 of the Act of 2005 by section 5 of the Act of 2024, a consultation by a local authority in accordance with subsection (3)(c) is ongoing and one or more steps in the consultation was taken in accordance with that subsection before that repeal, other steps in the consultation may be taken on or after that coming into operation in accordance with that subsection as amended by paragraph (e)(i) of section 302 of the Act of 2024.”,

(f) in section 44(2), by the substitution of the following paragraph for paragraph (a):

“(a) a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, and”,

(g) in section 47(3)(b)—

(i) in subparagraph (ii), by the substitution of “An tÚdarás Póilíneachta agus Sábháilteachta Pobail” for “the Policing Authority”,

(ii) in subparagraph (iii), by the substitution of “the Police Ombudsman” for “the Garda Síochána Ombudsman Commission”, and

(iii) by the deletion of subparagraph (iv),

and

(h) in section 48—

(i) in subsection (1), by the substitution of “criminal, civil and relevant proceedings” for “criminal and civil proceedings and in disciplinary actions”, and

(ii) by the substitution of the following subsection for subsection (6):

“(6) In this section, ‘relevant proceedings’ means conduct proceedings within the meaning of the Act of 2024 or performance proceedings within the meaning of Part 6 of that Act.”