Mediation Act 2017

Council

12. (1) Subject to subsections (2) to (4) and (7), the Minister may, by order, declare that such body as is specified in the order shall be recognised for the purposes of this Act, and a body standing so recognised for the time being shall be known as the Mediation Council of Ireland (in this Act referred to as the “Council”).

(2) Not more than one body shall stand recognised under this section for the time being.

(3) Before making an order under subsection (1), the Minister shall—

(a) publish a notice on the website of the Department of Justice and Equality and in at least one daily newspaper circulating generally in the State—

(i) indicating that he or she intends to make an order under subsection (1),

(ii) indicating that a draft of the order is available for inspection on that website for a period specified in the notice (being not less than 30 days from the date of the publication of the notice in the newspaper), and

(iii) stating that submissions in relation to the draft order may be made in writing to the Minister before a date specified in the notice (which shall be not less than 30 days after the end of the period referred to in subparagraph (ii)),

and

(b) have regard to any submissions received pursuant to paragraph (a)(iii).

(4) The Minister shall not make an order under subsection (1) unless he or she is satisfied that the body in respect of which he or she proposes to make the order—

(a) complies with the minimum requirements specified in the Schedule , and

(b) is sufficiently representative of mediation interests involved in the mediation sector.

(5) Subject to subsection (7), if the Minister is of the opinion that the body for the time being standing recognised by order under subsection (1) no longer complies with the minimum requirements specified in the Schedule , he or she may, by order, revoke that order.

(6) The Minister shall, before revoking an order under subsection (5), allow the body for the time being standing recognised under this section to make representations to him or her.

(7) Whenever an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(8) No person, other than a body that stands recognised under this section for the time being, may be known, or describe itself, as the Mediation Council of Ireland (including any variant of that name).