Radiological Protection (Amendment) Act, 2002

Amendment of section 41 of Principal Act.

4.—Section 41 of the Principal Act is hereby amended—

(a) in subsection (1) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(b) in subsection (2) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(c) in subsection (3) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(d) in subsection (4) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(e) in subsection (5) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”,

(f) in subsection (7) (inserted by the Food Safety Authority of Ireland Act, 1998 ) by the insertion of “section 40(1) of this Act for contravention of” after “offence under”, and

(g) by the insertion of the following subsection after subsection (7) (inserted by the Food Safety Authority of Ireland Act, 1998 ):

“(8) A summary offence under section 40(1A) or 40(1B) (inserted by the Radiological Protection (Amendment) Act, 2002) of this Act may be prosecuted by the Minister of the Institute.”,

and the said section, as so amended, is set out in the Table to this section (which Table does not purport to indicate the effect of any adaptation of references to any Minister of the Government specified therein made by or under any enactment).

TABLE

41.—(1) A summary offence under section 40(1) of this Act for contravention of an order made under section 30 of this Act may be prosecuted by the Minister or the Institute.

(2) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(a) or (b) of this Act may be prosecuted by the Minister for Agriculture and Food.

(3) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(c) or (d) of this Act may be prosecuted by the Minister for the Marine.

(4) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(e) of this Act may be prosecuted by the Minister for Finance.

(5) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1)(f) of this Act may be prosecuted by the Minister for Health.

(6) A summary offence under section 29 of this Act in relation to an offence concerning an inspector may be brought by the Minister who appointed that inspector or by the Institute if the Institute appointed that inspector or by the Food Safety Authority of Ireland, in respect of an offence committed after its establishment, if the Food Safety Authority of Ireland appointed that inspector.

(7) A summary offence under section 40(1) of this Act for contravention of a regulation made under section 32(1) of this Act, committed after the establishment of the Food Safety Authority of Ireland, may be prosecuted by the Food Safety Authority of Ireland.

(8) A summary offence under section 40(1A) or 40(1B) (inserted by the Radio-logical Protection (Amendment) Act, 2002) of this Act, may be prosecuted by the Minister or the Institute.