Restrictive Practices Act, 1972


Section 13 .

Examiner of Restrictive Practices

Terms and conditions of office.

1. (1) The term of office of the Examiner shall be fixed by the Minister when appointing him and shall not exceed five years.

(2) On completion of a term of office the Examiner shall be eligible for re-appointment.

(3) The Examiner shall hold office on such conditions as may be fixed by the Minister after consultation with the Minister for Finance.

(4) The Examiner may be paid such remuneration as the Minister, with the consent of the Minister for Finance, determines.

(5) The Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office of Examiner.

Temporary appointment.

2. (1) Whenever it appears to the Minister that the Examiner is temporarily unable to discharge his duties, the Minister may appoint a person to act in place of the Examiner during such inability or for such shorter period as the Minister thinks proper.

(2) A person appointed under subparagraph (1) shall have all the powers, rights and duties conferred on the Examiner by this Act and each reference in this Act to the Examiner shall be deemed to include a reference to such a person.

Restriction on Examiner.

3. If the Examiner is personally interested in a particular matter with which he is dealing, he shall inform the Minister accordingly and shall not act as Examiner during the consideration of the matter unless the Minister, being of opinion that such interest is not such as to interfere with the impartial performance of the Examiner's duties, authorises him to act.

Removal, resignation and disqualification.

4. (1) The Minister may remove the Examiner from office if he has become incapable through ill-health of performing efficiently his duties or if his removal appears to the Minister to be necessary in the interests of efficiency.

(2) Where the Minister removes the Examiner from office he shall lay before each House of the Oireachtas a statement in writing of the reasons for such removal.

(3) The Examiner may resign his office.

(4) Where the Examiner becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to hold the office of Examiner.

(5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being the Examiner.

(6) The Examiner shall be disqualified for holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.


5. (1) The Minister shall, with the consent of the Minister for Finance, as soon as may be make and carry out according to its terms a non-contributory scheme for the granting of a pension, gratuity or other allowance to or in respect of the Examiner on his ceasing to hold office.

(2) A scheme under this paragraph may provide that the termination of the appointment of the Examiner during his term of office shall not preclude the award to him of a pension, gratuity or other allowance.

(3) The Minister may, with the consent of the Minister for Finance, amend a scheme made by him under this paragraph.

Officers and servants.

6. (1) The Minister, with the consent of the Minister for Finance, may appoint such officers and servants as he thinks necessary to assist the Examiner in the performance of his functions.

(2) The officers and servants so appointed shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

Annual Report.

7. The Examiner shall, as soon as may be after the end of each year, make to the Minister a report of his proceedings during the year and the Minister shall lay the report before each House of the Oireachtas.

Prohibition of disclosure of confidential information.

8. (1) No person shall disclose information available to him through being present at an investigation held by the Examiner under section 14.

(2) Subparagraph (1) does not apply to a communication made by the Examiner or an authorised officer in the execution of his duties under this Act or to the disclosure of information in a report by the Examiner or for the purpose of legal proceedings under this Act.

(3) If any person contravenes this paragraph he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or imprisonment for a period not exceeding six months or, at the discretion of the court, to both such fine and imprisonment.