Ombudsman (Amendment) Act 2012

SCHEDULE

Section 16 .

PART 1

Schedule Replacing First Schedule to Principal Act

“FIRST SCHEDULE

Reviewable Agencies

PART I

(a) a Department of State;

(b) an entity established by or under any enactment, statutory instrument or charter (other than the Companies Acts) or any scheme administered by a Minister of the Government;

(c) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government;

(d) any entity (other than an entity to which paragraph (a) or (b) relates) established or appointed by the Government or a Minister of the Government;

(e) a subsidiary (within the meaning of the Companies Acts) of a company to which paragraph (c) relates;

(f) an entity (other than a subsidiary to which paragraph (e) relates) that is directly or indirectly controlled by an entity to which paragraph (b), (c), (d) or (e) relates;

(g) an entity on which functions are conferred by or under statute, statutory instrument or charter, but only in respect of those functions;

(h) a higher education institution in receipt of public funding;

(i) an entity that immediately prior to the enactment of the Ombudsman (Amendment) Act 2012 was subject to review by the Ombudsman.

PART II

Part I of this Schedule does not include a reference to—

(a) the Adoption Authority of Ireland, insofar as it relates to the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010 ;

(b) An Bord Altranais, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of nurses under the Nurses Act 1985 and to its role as the competent authority for the purposes of mutual recognition of nursing qualifications obtained in or recognised by a Member State;

(c) Bord na Radharcmhastóirí, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of optometrists and dispensing opticians under the Opticians Acts 1956 and 2003 and to its role as competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State;

(d) the Courts Service, except as it relates to an action taken in the performance of administrative functions under section 5 of the Courts Service Act 1998 ;

(e) the Dental Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of dentists and dental practitioners under the Dentists Act 1985 and to its role as the competent authority for the purposes of mutual recognition of dental qualifications obtained in or recognised by a Member State;

(f) the Department of Justice and Equality, insofar as it relates to an action—

(i) taken in the administration of the law relating to immigration or naturalisation,

(ii) taken in the administration of the prisons or other places for the custody of persons committed to custody by the Courts,

(iii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution, or

(iv) involving the remission of any forfeiture or disqualification imposed by a court exercising criminal jurisdiction;

(g) the Health and Safety Authority, except as it relates to an action taken in the performance of administrative functions under section 34 of the Safety, Health and Welfare at Work Act 2005 ;

(h) the Health and Social Care Professionals Council, except as it relates to an action taken in the performance of administrative functions under Part 4 of the Health and Social Care Professionals Act 2005 ;

(i) the Health Service Executive, insofar as it relates to an action taken—

(i) by persons when acting on behalf of the Health Service Executive and (in the opinion of the Ombudsman) solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a patient, whether such opinion is formed by the person taking the action or by any other person; or

(ii) an action taken by the Health Service Executive when acting on the advice of persons referred to in subparagraph (i), being actions of the Health Service Executive that, in the opinion of the Ombudsman, were taken solely on such advice;

(j) the Legal Aid Board, insofar as it relates to the provision of legal services (advice or representation) by solicitors of the Legal Aid Board, or by private solicitors working under the auspices of the Legal Aid Board, to clients;

(k) a local authority (within the meaning of the Local Government Act 2001 ), insofar as it relates to the performance of reserved functions within the meaning of that Act;

(l) the Medical Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of medical practitioners under the Medical Practitioners Act 2007 and to its role as the competent authority for the purposes of mutual recognition of medical qualifications obtained in or recognised by a Member State;

(m) the Personal Injuries Assessment Board, except as it relates to an action taken in the performance of administrative functions under Part 3 of the Personal Injuries Assessment Board Act 2003 ;

(n) the Pharmaceutical Society of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pharmacists, pharmaceutical assistants and retail pharmacy businesses under the Pharmacy Act 2007 and to its role as the competent authority for the purposes of the mutual recognition of relevant qualifications obtained in or recognised by a Member State;

(o) the Pre-Hospital Emergency Care Council, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of registers of pre-hospital emergency care practitioners under the Pre-Hospital Emergency Care Council (Establishment) Order) 2000 ( S.I. No. 109 of 2000 ) and to its role as the competent authority for the purposes of mutual recognition of relevant qualifications obtained in or recognised by a Member State;

(p) the Private Residential Tenancies Board, except as it relates to an action taken in the performance of administrative functions under Part 7 of the Residential Tenancies Act 2004 ;

(q) the Property Services Appeal Board, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to the specification of qualification and other requirements for property service providers under that Act;

(r) the Property Services Regulatory Authority, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of licensed property service providers under the Property Services (Regulation) Act 2011 and to its role relating to the specification of qualification and other requirements for property service providers under that Act;

(s) the Radiological Protection Institute of Ireland, except as it relates to an action taken in the performance of administrative functions under section 7 of the Radiological Protection (Amendment) Act 2002 ;

(t) the Veterinary Council of Ireland, except as it relates to an action taken in the performance of administrative functions relating to the establishment and maintenance of a register of veterinary practitioners and a register of veterinary nurses under the Veterinary Practice Act 2005 and to its role as the competent authority for the purposes of the mutual recognition of veterinary qualifications obtained in or recognised by a Member State.”.

PART 2

Schedule Replacing Second Schedule to Principal Act

“SECOND SCHEDULE

Exempt Agencies

1. Abbey Theatre

2. Aer Lingus

3. An Bord Pleanála

4. An Post

5. Army Pensions Board

6. Arramara Teoranta

7. Bantry Bay Harbour Commissioners

8. Bord Gais Éireann

9. Bord na gCon

10. Bord na Móna

11. Broadcasting Authority of Ireland

12. Bus ?tha Cliath — Dublin Bus

13. Bus Éireann

14. Central Bank of Ireland

15. Coillte Teoranta

16. Coimisinéir Teanga

17. Commission for Aviation Regulation

18. Commission for Communications Regulation

19. Commission for Energy Regulation

20. Commission for Public Service Appointments

21. Commission to Inquire into Child Abuse

22. Commissioners of Irish Lights

23. Comptroller and Auditor General

24. Córas Iompair Éireann

25. Cork Airport Authority plc.

26. Coroners appointed under the Coroners Act 1962

27. Criminal Assets Bureau

28. Data Protection Commissioner

29. Defence Forces

30. Director of Public Prosecutions

31. Drogheda Port Company

32. Dublin Airport Authority plc.

33. Dublin Port Company

34. Dun Laoghaire Harbour Company

35. EirGrid plc.

36. Electricity Supply Board

37. Employment Appeals Tribunal

38. Environmental Protection Agency

39. Equality Tribunal

40. Financial Services Ombudsman

41. Galway Harbour Company

42. Garda Síochána Inspectorate

43. Garda Síochána

44. Garda Síochána Ombudsman Commission

45. Health Insurance Authority

46. Horse Racing Ireland

47. Housing Finance Agency plc.

48. Human Rights Commission

49. Iarnród Éireann — Irish Rail

50. Irish Auditing and Accounting Supervisory Authority

51. Irish Aviation Authority

52. Irish Bank Resolution Corporation Limited

53. Irish Film Board

54. Irish Financial Services Appeals Tribunal

55. Irish National Petroleum Corporation Limited

56. Irish National Stud Company Limited

57. Judge Advocate-General

58. Judicial Appointments Advisory Board

59. Judicial Studies Institute

60. Labour Court

61. Labour Relations Commission

62. Law Reform Commission

63. Marine Casualty Investigation Board

64. Medical Bureau of Road Safety

65. Mental Health (Criminal Law) Review Board

66. Mental Health Commission

67. Mining Board

68. National Advisory Committee on Drugs

69. National Asset Management Agency

70. National Concert Hall

71. National Development Finance Agency

72. National Disability Authority

73. National Economic and Social Development Office

74. National Lottery Company (within the meaning of the National Lottery Act 1986 )

75. National Oil Reserves Agency

76. National Pensions Reserve Fund Commission

77. National Tourism Development Authority

78. National Treasury Management Agency

79. New Ross Port Company

80. Office of the Attorney General

81. Office of the Confidential Recipient

82. Office of the Director of Corporate Enforcement

83. Office of the Information Commissioner

84. Office of the Inspector of Prisons

85. Office of the Ombudsman

86. Office of the Ombudsman for Children

87. Office of the Ombudsman for the Defence Forces

88. Office of the President

89. Pensions Ombudsman

90. Poisons Council

91. Port of Cork Company

92. Port of Waterford Company

93. Private Security Authority

94. Private Security Appeal Board

95. Raidió Teilifís Éireann

96. Railway Procurement Agency

97. Referendum Commission

98. Refugee Appeals Tribunal

99. Refugee Applications Commissioner

100. Residential Institutions Redress Board

101. Rights Commissioners

102. Shannon Airport Authority plc.

103. Shannon Foynes Port Company

104. Social Welfare Tribunal

105. Standards in Public Office Commission

106. State Pathologist

107. Teilifís na Gaeilge

108. Valuation Tribunal

109. Voluntary Health Insurance Board

110. Wicklow Port Company”.