Garda Síochána (Functions and Operational Areas) Act 2022

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PART 3

Transitional Provisions

General transitional provisions relating to amendment of certain enactments by sections 4 and 10

13. (1) A register that, immediately before the date on which this section comes into operation, was kept by a Superintendent of a Garda district under a relevant provision shall, on and after that date, be kept by the relevant person in the equivalent division.

(2) Where, before the date on which this section comes into operation, a certificate, licence, notice or other document has been granted, made or given by a person under a relevant enactment and is effective immediately before that date—

(a) if the Superintendent of a Garda district granted, made or gave the certificate, licence, notice or other document under a relevant provision, the document shall, on or after that date, be taken to have been granted, made or given by a relevant person in the equivalent division,

(b) a reference in the certificate, licence, notice or other document to the Superintendent of a Garda district (whether by rank or name) in accordance with a relevant provision shall, on or after that date, be taken to be a reference to a relevant person in the equivalent division, and

(c) a reference in the certificate, licence, notice or other document to a Garda district in accordance with a relevant provision shall, on or after that date, be taken to be a reference to the equivalent division.

(3) A document provided, or a notice or notification given, before the date on which this section comes into operation, in accordance with a relevant provision, by a person other than a member of the Garda Síochána, or by a court, to the Superintendent of a Garda district and that is effective immediately before that date, shall, on or after that date, be taken to have been provided or given to a relevant person in the equivalent division.

(4) If an order of a court has been made under a relevant enactment before the date on which this section comes into operation and is in effect immediately before that date, a reference in the order, under a relevant provision, to a Garda district or to the Superintendent of a Garda district shall, on or after that date, be taken to be a reference to the equivalent division or, as the case may be, to a relevant person in the equivalent division.

(5) Where, immediately before the date on which this section comes into operation, any legal proceedings relating to any act or decision of the Superintendent of a Garda district under a relevant provision or to which a relevant provision refers are pending or in being (including proceedings where an appeal of a decision may be made), the relevant person in the equivalent division shall be substituted in the proceedings for that of the Superintendent of the Garda district and the proceedings shall not abate by reason of such substitution.

(6) Where a relevant enactment is amended by this Act, any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under, or an offence against or contravention of, the relevant enactment before the date on which this section comes into operation may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, and for those purposes—

(a) any step in the proceedings in accordance with a relevant provision may be taken with reference to the equivalent division or taken by or with reference to the relevant person, as the case may be, and

(b) the proceedings shall not abate by reason of the operation of this Act.

(7) Where a process (including any type of application process) provided for in a relevant enactment is ongoing at the date on which this section comes into operation and one or more steps in the process was taken in accordance with the relevant enactment before that date—

(a) if any step in the process was taken by or with reference to the Superintendent of a Garda district before that date in accordance with a relevant provision, it shall, on or after that date, be taken to have been made by or with reference to the relevant person in the equivalent division,

(b) if any step in the process was taken with reference to a Garda district before that date in accordance with a relevant provision, it shall, on or after that date, be taken to have been taken with reference to the equivalent division,

(c) other steps in the process may be taken on or after that date in accordance with the relevant enactment as amended by this Act, and

(d) any right of appeal may be exercised in accordance with the relevant enactment concerned as amended by this Act.

(8) Where, before the date on which this section comes into operation, the Superintendent of a Garda district does an act or performs a function that is in effect immediately before that date under a relevant provision, then, on or after that date, the act shall be deemed to have been done, or the function performed, by the relevant person in the equivalent division.

(9) This section is without prejudice to sections 14 to 23 .

(10) In this section—

“relevant enactment” means—

(a) an enactment specified in column (3) of Schedule 1 ,

(b) a statutory instrument specified in column (3) of Schedule 2 , or

(c) an enactment to which section 10 applies;

“relevant person” means the member of the Garda Síochána referred to in a relevant provision as amended—

(a) in column (5) of Schedule 1 ,

(b) in column (5) of Schedule 2 , or

(c) by section 10 ;

“relevant provision” means a provision—

(a) listed in column (4) of Schedule 1 or column (4) of Schedule 2 , as the case may be, of a relevant enactment, or

(b) that contains a reference to which paragraph (a) or (b) of section 10 (1) applies, and is a provision of an enactment referred to in paragraph (c) of the definition of “relevant enactment”.