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Codes of practice
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9. (1) The Minister shall, as soon as practicable after the coming into operation of this section and having had regard to the matters specified in subsection (2)—
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(a) prepare and publish a code or codes of practice to set standards for the conduct of mediations, or
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(b) approve a code or codes of practice prepared by a person other than the Minister which purports to set standards for the conduct of mediations.
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(2) A code of practice referred to in subsection (1) may include provisions in relation to any of the following:
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(a) continuing professional development training requirements for mediators;
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(b) procedures to be followed by mediators in the conduct of a mediation;
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(c) procedures to be followed by mediators in the conduct of a mediation requiring consultation, by a mediator, with a child;
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(d) ethical standards to be observed by mediators during a mediation;
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(e) confidentiality of a mediation;
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(f) procedures to be followed by a party for redress in the event of dissatisfaction with the conduct of a mediation;
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(g) determination of the fees and costs of a mediation;
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(h) any other matters relevant to the conduct of mediation.
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(3) Before publishing or approving a code of practice under this section, the Minister shall—
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(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—
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(i) indicating that he or she proposes to publish or approve a code under this section,
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(ii) indicating that a draft of the code 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
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(iii) stating that submissions in relation to the draft code 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)),
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and
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(b) have regard to any submissions received pursuant to paragraph (a)(iii).
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(4) Where the Minister prepares or approves a code of practice under this section, he or she shall cause a notice of the preparation or approval to be published in Iris Oifigiúil and the notice shall specify the date from which the code shall come into operation.
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(5) Subject to subsection (6), the Minister may—
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(a) amend or revoke a code of practice prepared or approved under this section, or
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(b) withdraw approval in respect of any code of practice previously approved under this section.
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(6) The requirements of subsections (3) and (4) shall, with all necessary modifications, apply to a code of practice that the Minister intends to amend or revoke or in relation to which the Minister intends to withdraw his or her approval.
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(7) Where the Minister amends or revokes, or withdraws his or her approval in respect of, a code of practice under this section, he or she shall cause a notice to that effect to be published in Iris Oifigiúil specifying—
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(a) the code to which the amendment, revocation or withdrawal of approval, as the case may be, relates,
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(b) whether the code is to be amended or revoked or whether approval in relation to the code is to be withdrawn,
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(c) if the code is to be amended, particulars of the amendment, and
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(d) the date from which the amendment, revocation or withdrawal of approval, as the case may be, shall come into operation.
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(8) In this section “code of practice” includes part of a code of practice.
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