S.I. No. 524/2023 - Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) (Amendment) Order 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd November, 2023.

I, PASCHAL DONOHOE, Minister for Public Expenditure, National Development Plan Delivery and Reform, in exercise of the powers conferred on me by section 7 (2) of the Protected Disclosures Act 2014 (No. 14 of 2014) (as adapted by the Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 ( S.I. No. 19 of 2023 )), hereby order as follows:

1. This Order may be cited as the Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) (Amendment) Order 2023.

2. The Schedule to the Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 ( S.I. No. 367 of 2020 ) is amended –

(a) by the substitution of the following for reference number 4:

“4

The chairperson of Coimisiún na Meán

(a) All matters relating to the licensing by Coimisiún na Meán of the broadcasting sector and the monitoring by Coimisiún na Meán of all licensed services to ensure that licence holders comply with their statutory obligations and the terms of their licences issued under the Broadcasting Act 2009 (No. 18 of 2009).

(b) All matters relating to the development by Coimisiún na Meán of media service codes and media service rules made under Part 3B of the Broadcasting Act 2009 (No. 18 of 2009).

(c) All matters relating to the development by Coimisiún na Meán of online safety codes made under Part 8A of the Broadcasting Act 2009 (No. 18 of 2009).

(d) All matters falling within the remit of Coimisiún na Meán under Part 8B of the Broadcasting Act 2009 (No. 18 of 2009).”,

(b) by the substitution of the following for reference number 11:

“11

The Commissioner for Railway Regulation

(a) All matters relating to the regulation of railway safety in the State including matters relating to railway and cableway safety on passenger carrying systems and freight carrying systems where those systems interface with public roads.

(b) All matters relating to the market surveillance for cableway subsystems and components.

(c) All matters within the remit of the Commission for Railway Regulation relating to the regulation of the transportation of dangerous goods by rail.”,

(c) in column (3) opposite reference number 13 by the substitution of “All matters falling within the remit of the Competition and Consumer Protection Commission relating to –

(a) the enforcement of consumer protection law,

(b) competition law,

(c) breaches of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022¹ on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), and

(d) the review of mergers or acquisitions notified to the Competition and Consumer Protection Commission.”

for

“All matters falling within the remit of the Commission relating to the enforcement of consumer protection law, competition law and the review of mergers or acquisitions notified to the Commission.”,

(d) by the substitution of the following for reference number 16:

“16

The Chief Executive Officer of the Corporate Enforcement Authority

All matters relating to the functions of the Corporate Enforcement Authority under section 944D of the Companies Act 2014 (No. 38 of 2014).”,

(e) in column (3) opposite reference number 28 by the substitution of

“(a) All matters relating to the planning and development of higher education and research in the State.

(b) All matters relating to funding for designated institutions of higher education within the meaning of section 53 (1)(a) of the Higher Education Authority Act 2022 (No. 31 of 2022).”

for

“(a) All matters relating to the planning and development of higher education and research in the State.

(b) All matters relating to funding for universities and certain institutions of higher education designated under the Higher Education Authority Act 1971 (No. 22 of 1971).”,

(f) by the deletion of reference number 40,

(g) by the substitution of the following for reference number 48:

“48

The Chief Executive Officer of the National Standards Authority of Ireland

(a) All matters relating to the development, publication and dissemination of national, European and international standards.

(b) All matters associated with product, practice and process certification carried out by the National Standards Authority of Ireland.

(c) All matters relating to implementation and enforcement by or under the Metrology Acts 1980 to 1998 and the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017).

(d) All matters relating to the functions of the Director of Legal Metrology conferred by or under the Metrology Act 1996 (No. 27 of 1996).

(e) All matters relating to certification and inspection functions conferred on the National Standards Authority of Ireland or the Director of Legal Metrology by regulations made under the European Communities Act 1972 (No. 27 of 1972).”,

(h) by the deletion of reference number 58,

(i) by the deletion of reference number 60,

(j) in column (2) opposite reference number 69 by the substitution of “The Chief Executive Officer of the Road Safety Authority” for “The Director of Corporate Services in the Road Safety Authority”, and

(k) by the insertion of the following reference number after reference number 80:

“81

The Chief Executive Officer of the Approved Housing Bodies Regulatory Authority

All matters relating to the regulation of approved housing bodies pursuant to the Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47 of 2019).”.

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GIVEN under my Official Seal,

26 October, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

1 OJ No. L265, 12.10.2022, p. 1