S.I. No. 339/2014 - Protected Disclosures Act 2014 (Section 7(2)) Order 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 25th July, 2014.
I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 7 (2) of the Protected Disclosures Act 2014 (No. 14 of 2014), hereby order as follows:
1. This Order may be cited as the Protected Disclosures Act 2014 (Section 7(2)) Order 2014.
2. Each person specified in column (2) of the Schedule is hereby prescribed to be the recipient of disclosures of relevant wrongdoings falling within the description of matters specified in column (3) of the Schedule in relation to the person.
Reference Number (1)
Prescribed Person (2)
Description of matters in respect of which the person is prescribed(3)
Chief Executive Officer of the Adoption Authority of Ireland
(a) All matters relating to registration and supervision of the Adoption Societies registered in accordance with the Adoption Act 2010 (No.21 of 2010) and the maintenance of the Adoption Societies Register.
(b) All matters relating to the granting of declarations of eligibility and suitability to prospective adopters in advance of their adopting abroadand for maintaining the Register of Foreign Adoptions under the Adoption Act of 1991 (No. 14 of 1991).
Chief Executive officer of An tSeirbhís Oideachais Leanúnaigh agus Scileanna
All matters relating to the regulation, registration, employment and education of apprentices as provided for in the Industrial Training Act 1967 (No. 5 of 1967) and the Further Education and Training Act 2013 (No. 25 of 2013).
Registrar of Bord na Radharcmhastóirí — The Opticians Board
All matters relating to the training and registration of optometrists and dispensing opticians, control of the practice of optics and ophthalmic treatment and the making of rules for the practice of optics and ophthalmic treatment, as provided for by the Opticians Acts of 1956 and 2003.
Chief Executive of the Broadcasting Authority of Ireland
(a) All matters relating to the licensing by the Authority of the broadcasting sector and the monitoring by the Authority of all licensed services to ensure that licence holders comply with their statutory obligations and the terms of their licences.
(b) All matters relating to the development by the Authority of codes and rules in relation to programming and advertising standards on television and radio.
Chief Executive of Bord na gCon
All matters relating to the management and development by Bord na gCon of the greyhound industry as provided for by the Greyhound Industry Act 1958 (No. 12 of 1958), the Greyhound Industry (Amendment) Act 1993 (No. 37 of 1993), the Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 (N0. 24 of 1999) and the Horse and Greyhound Racing Act 2001 (No. 20 of 2001).
Any of the persons falling within the meaning of the term “appropriate person” in section 37 (1) of the Central Bank (Supervision and Enforcement) Act 2013 (No.26 of 2013)
All matters relating to contraventions of provisions of financial services legislation as defined in the Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013).
Any of the Commissioners of Charitable Donations and Bequests for Ireland
All matters relating to the Commissioners mandate in relation to the provision of services to trustees of charities and the carrying out of the intentions of persons making donations and bequests to charities pursuant to the Charities Act 1961 (No. 17 of 1961).
The Comptroller and Auditor General
All matters relating to improper use of public funds and resources or matters concerning value for money in respect of entities that fall within the remit of the Comptroller and Auditor General
Human Resources Manager of the Commissioners of Irish Lights
All matters relating to the superintendence, provision and management of aids to navigation and allied services for the safety of persons and infrastructure at sea, the protection of the marine environment and the provision of support to the marine industry and coastal communities of the State and adjacent seas and islands.
The Commissioner in the Commission for Aviation Regulation
(a) All matters relating to the setting of the maximum level of airport and aviation terminal services charges.
(b) All matters relating to the licensing of the travel trade in the State, including the granting of licences to tour operators and travel agents.
(c) All matters relating to the licensing of airlines and approval of ground-handling services providers.
(d) All matters relating to the discharge of State’s responsibilities for schedule co-ordination and slot allocation and the appointment of a schedules facilitator and slot co-ordinator.
(e) All matters relating to the monitoring and enforcement in the State of acts adopted by an institution of the European Union regarding air passenger rights and the provision of assistance to passengers with reduced mobility.
The Commissioner in the Commission forCommunications Regulation, or where there is more than one such Commissioner, the chairperson of the Commission forCommunications Regulation
(a) All matters (within the remit of the Commission) relating to the regulation of the electronic communications sector and the postal sector.
(b) All matters relating to the regulation of access to and use of the radio spectrum.
(c) All matters relating to the performance of the Commission’s consumer protection function (within the foregoing remit) in respect of the communications and postal sectors.
Any of the Commissioners in the Commission for EnergyRegulation
(a) All matters relating to the regulation of the natural gas and electricity markets in the State in accordance with the provisions of the Electricity Regulation Act 1999 (No. 23 of 1999), the Gas (Interim) (Regulation) Act 2002 (No.10 of 2002) and associated enactments.
(b) All matters relating to the regulation of the State’s public water system in accordance with the provisions of the Water Services Act 2013 (No. 6 of 2013) and the Water Services (No. 2) Act 2013 (No. 50 of 2013).
Registrar of Companies
All matters relating to the registration of companies and business names and the enforcement of the filing obligations of companies under the Companies Acts.
Chairperson or any other Member of the Competition Authority
All matters relating to the enforcement of competition law under the Competition Acts 2002 to 2012 and the review of mergers or acquisitions that are notified to the Authority under those Acts.
Manager of Personnel and Ancillary Services in Coras Iompar Éireann
All matters relating to the operation of public transport services provided by Iarnród Éireann, Bus Átha Cliath and Bus Éireann and the making of relevant bye-laws.
The Data Protection Commissioner
All matters relating to compliance with the Data Protection Acts 1988 and 2003.
Registrar of the Dental Council
All matters relating to the establishment and maintenance of the Register of Dentists and the Register of Dental Specialists, the adequacy, suitability and standards of dental education in the State and the investigation of complaints against dentists, as provided for by the Dentists Act 1985 (No. 9 of 1985).
Secretary General of the Department of Education and Skills
(a) All matters relating to the operation and development of the education system in the State including the administration of relevant enactments, the formulation of policy, the setting of standards and the monitoring and evaluation of education programmes.
(b) All matters relating to the functions of the Inspectorate under section 13 of the Education Act 1998 (No. 51 of 1998) in relation to the evaluation of the quality and effectiveness of the provision of education in primary and second level schools in the State.
Director of Corporate Enforcement
All matters relating to the enforcement by the Director (to the extent provided in the Company Law Enforcement Act 2001 (No. 28 of 2001) of provisions of the Companies Acts.
Chief Executive Officer of the Dublin Docklands Development Authority.
All matters relating to the preparation of the master plan and planning schemes and certificates issued under section 25 of the Dublin Docklands Development Authority Act 1997 (No. 7 of 1997).
Director General of the Environmental Protection Agency
All matters relating to the protection of the environment in the State.
Chief Executive of Fáilte Ireland
(a) All matters relating to the registration, regulation and classification of tourist accommodation.
(b) All matters relating to appeals regarding cancellations and refusal of applications for registration of tourist accommodation under the Tourist Traffic Acts 1939 to 2011.
Chief Executive Officer of the Food Safety Authority of Ireland
All matters relating to the regulation, enforcement and monitoring of food safety in the State under the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998).
Members of the Garda Síochána Ombudsman Commission
All matters relating to the functions performable by the Commission under Part 3 of the Garda Síochána Act 2005 (No. 20 of 2005).
Chief Executive Officer of the Health and Safety Authority
All matters associated with legislation enforced by the Health and Safety Authority, and accreditation of laboratories, certification bodies and inspection bodies through the Irish National Accreditation Board within the Health and Safety Authority.
Chief Executive Officer of the Health and Social Care Professional Council
All matters relating to the protection of the public by the promotion of high standards of professional conduct, education, training and competence through the registration of health and social care professionals, as provided for by the Health and Social Care Professionals Act 2005 (No. 27 of 2005).
Chief Executive Officer of the Health Information Quality Authority
All matters relating to the standards of safety and care of persons receiving health and social care services in the public and voluntary health care sectors and social care services in the case of the private health care sector, as provided for by the Health Act, 2007 (No. 23 of 2007).
Chief Executive of the Health Insurance Authority
All matters relating to the monitoring of the operation of the Health Insurance Acts 1994 to 2013, the carrying on of a health insurance business in the State, operation of the Risk Equalisation Fund and the provision of advice and information to consumers.
Chief Executive Officer of the Health Products Regulatory Authority
All matters relating to the protection and enhancement of public and animal health through the regulation of human and veterinary medicinal products under the Irish Medicines Board Acts 1995 and 2006 and the implementation of—
(a) acts adopted by an institution of the European Union; and
(b) legislation relating to blood and blood components, organ transplantation, tissues and cells.
Chief Executive of the Higher Education Authority
(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).
Chief Executive of Horse Racing Ireland
All matters relating to the control of the operation by Horse Racing Ireland of authorised bookmakers, the totalisator and the Registry Office.
Chief Executive of Inland Fisheries Ireland
All matters relating to the protection, management and conservation of the inland fisheries resource and enforcement of the Fisheries Acts 1959 to 2010.
Director of the Insolvency Service of Ireland (in respect of the matters specified in paragraph (a) of column (3)) Official Assignee in Bankruptcy in the Insolvency Service of Ireland (in respect of the matters specified in paragraph (b) of column (3).
(a) All matters relating to the regulation and supervision of personal insolvency practitioners, approved intermediaries and persons authorised to perform the functions of an approved intermediary in accordance with section 47 of the Personal Insolvency Act 2012 (No. 44 of 2012).
(b) All matters relating to the administration of bankruptcy estates under the Bankruptcy Act 1988 (No.27 of 1988).
Chief Executive of the Irish Auditing and Accounting Supervisory Authority
All matters relating to the regulation by the prescribed accountancy bodies as set out in section 9 of the Companies (Auditing and Accounting) Act 2003 (No. 44 of 2003).
Company Secretary of the Irish Aviation Authority
All matters relating to the management of Irish controlled airspace,the safety regulation of Irish civil aviation and the oversight of civil aviation security in the State.
Chief Executive of the Irish Coursing Club
All matters relating to the regulation by the Irish Coursing Club of coursing in the State under the Greyhound Industry Act 1958 (No. 12 of 1958).
Director of Film Classification in the Irish Film Classification Office
All matters relating to the classification of films under the Censorship of Films Act 1923 (No. 23 of 1923) and videos and the licensing to sell or rent videos under the Video Recordings Act 1989 (No. 22 of 1989).
Director General of the Irish Takeover Panel
All matters relating to the supervision of takeovers of relevant companies under the Irish Takeover Panel Act 1997 (No. 5 of 1997).
Chief Executive of the Irish Turf Club
All matters relating to the administration by the Irish Turf Club of the rules of racing for all horse meetings in the State.
Director of Legal Metrology in the Legal Metrology Service
All matters relating to the implementation and enforcement of the Metrology Acts 1980 to 1998 and regulations made under those Acts.
The Chief Executive of each of the following local authorities—
Carlow County Council
Cavan County Council
Clare County Council
Cork City Council
Cork County Council
Donegal County Council
Dublin City Council
Dún Laoghaire–Rathdown County Council
Fingal County Council
Galway City Council
Galway County Council
All matters relating to the functions of a local authority as provided for in the Local Government Act 2001 (No.37 of 2001) or any other enactment.
Kerry County Council
Kildare County Council
Kilkenny County Council
Laois County Council
Leitrim County Council
Limerick City and County Council
Longford County Council
Louth County Council
Mayo County Council
Meath County Council
Monaghan County Council
Offaly County Council
Roscommon County Council
Sligo County Council
South Dublin County Council
Tipperary County Council
Waterford City and County Council
Westmeath County Council
Wexford County Council
Wicklow County Council
Chief Executive of the Marine Institute
All matters relating to co-ordination and promotion of, and assistance in, marine research and development by the Institute.
Chief Executive Officer of the Medical Council
All matters relating to the regulation of the medical profession in the State, including the quality of undergraduate education of doctors and of postgraduate training of specialists, the registration of doctors and disciplinary procedures and guidance on professional standards and ethical conduct, as provided for by the Medical Practitioners Acts 1978 to 2002.
Chief Executive Officer of the Mental Health Commission
All matters relating to compliance with the Mental Health Act 2001 (No. 25 of 2001) and codes of practice developed by the Commission for persons working in the mental health services; the establishment and maintenance of high standards in the delivery of mental health services and the protection of the interests of persons detained in approved centres under that Act.
Chairperson of the National Consumer AgencyChief Executive of the National Consumer Agency
All matters relating to the enforcement of consumer protection law by the Agency.
Deputy Director of the National Employment Rights Authority
All matters relating to compliance with, and enforcement of, enactments imposing or conferring obligations or rights on employers and employees.
Chief Executive of the National Milk Agency
All matters relating to regulation by the Agency of the supply of milk for liquid consumption.
Chief Executive Officer of the National Roads Authority
All matters relating to the planning and supervision of construction and maintenance of national roads, including preparing and arranging for the preparation of road designs, maintenance programmes, schemes for the provision of traffic signs on national roads, securing construction, improvement and maintenance works on national roads, allocating and paying grants for national roads and training, research or testing activities relating to any of the Authority’s functions.
Director of Finance of the National Transport Authority
(a) All matters relating to the regulation of public transport services in the State, including the licensing of bus routes, entering into contracts for the provision of bus, light rail and rail services and the regulation of fares.
(b) All matters relating to the regulation of small public service vehicles.
Chief Executive Officer of the Nursing and Midwifery Board of Ireland
All matters relating to the establishment and maintenance of registers of nurses and midwives, the provision of education and training of student nurses and midwives and the investigation of complaints against registered nurses and midwives as provided for by the Nurses and Midwives Act 2011 (No. 41 of 2011).
Director of Internal Audit in the Office of the Revenue Commissioners
All matters relating to the assessment, collection and management of taxes and duties and the implementation of customs controls.
An Coimisinéir Teanga in Oifig Choimisinéir na dTeangacha Oifigiúla
All matters relating to the monitoring of compliance by public bodies with the provisions of the Official Languages Act 2003 (No. 32 of 2003).
Controller of Patents, Designs and Trade Marks in the Patents Office
All matters relating to the granting of patents, the registration of industrial designs, trademarks and copyright licensing bodies and the resolution of disputes regarding copyright licensing schemes.
Pensions Regulator in the Pensions Authority
All matters relating to the monitoring and supervision of the operation of the Pensions Act 1990 (No. 25 of 1990) (other than investigations by, and decisions of, the Pensions Ombudsman), including the activities of Personal Retirement Savings Account (PRSA) providers, the provision of PRSA products and the operation of PRSAs and the issue of guidelines and codes of practice for trustees of occupational pensions and providers of PRSAs.
Registrar in the Pharmaceutical Society of Ireland
All matters relating to the regulation of pharmacists and pharmacies in the State, including the Society’s responsibility for supervising compliance with the Pharmacy Act 2007 (No. 20 of 2007).
Director of the Pre-Hospital Emergency Care Council
All matters relating to standards, accreditation, education, and training in relation to pre-hospital emergency care as provided for by the Pre — Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 ).
Secretary to the Board of the National Standards Authority of Ireland
All matters related to the development, publication and dissemination of national, European and international standards, and all matters associated with product, process or practice certification carried out by the National Standards Authority of Ireland.
The Press Ombudsman of the Press Council
All matters relating to complaints made to the Press Council in accordance with Schedule 2 to the Defamation Act 2009 (No. 31 of 2009).
Director of the Private Residential Tenancies Board.
All matters relating to the determination of disputes between landlords and tenants and the operation of the private residential tenancies register under the Residential Tenancies Act 2004 (No. 27 of 2004).
Chief Executive Officer of the Private Security Authority
All matters relating to the licensing and regulation of the providers of private security services under the Private Security Services Act 2004 (No. 12 of 2004).
Chief Executive Officer of the Property Services Regulatory Authority
All matters relating to the licensing, control and regulation of, and the investigation of complaints against, property service providers.
Chief Executive of Quality and Qualifications Ireland
All matters relating to quality assurance, validation of programmes of education and training, the making of awards, the delegation of authority to make awards, the establishment of the Code of Practice for the provision of programmes of education and training to international learners and the authorisation to use the International Education Mark, as provided for by the Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012).
Company Secretary of the Railway Procurement Agency
All matters relating to the procurement of the provision of the light rail and metro infrastructure in the State including the making of relevant bye-laws and the prosecution of related offences.
Head of Administration in the Railway Safety Commission
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.
Registrar of the Registry of Friendly Societies
All matters relating to the registration and general regulation of friendly societies, industrial and provident societies and trade unions.
Director of Corporate Services in the Road Safety Authority
All matters relating to the promotion of road safety, accident and road safety research, driver testing and licensing, vehicle standards, the enforcement of statutory provisions relating to road haulage, the registration of driving instructors, driver vocational training and compulsory basic training for motorcyclists.
Members of the Sea Fisheries Protection Authority
All matters relating to the Authority’s functions regarding the application of sea fisheries law and food safety law (both within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006)).
Secretary to the Standards in Public Office Commission
(a) All matters relating to the supervision of the Ethics in Public Office Acts 1995 and 2001 insofar as they apply to office holders including investigations and reports in relation to possible contraventions of those Acts.
(b) All matters relating to overseeing of the disclosure of donations to political parties and the monitoring of limitations on political party expenditure as set out in the Electoral Acts 1992 to 2014.
Chief Executive Officer of the State Examinations Commission
All matters relating to the operation of the Leaving Certificate, Leaving Certificate Vocational Programme, Leaving Certificate Applied and Junior Certificate examinations.
Director of the Teaching Council
(a) All matters relating to the regulation of the teaching profession and the professional conduct of teachers.
(b) All matters relating to the establishment, promotion, maintenance and improvement of standards of programmes of teacher education and training, teaching, knowledge, skills and competencies of teachers in recognised primary and post-primary schools, and the professional conduct of teachers.
(c) All matters relating to the promotion of continuing education and training and professional development of teachers.
Chief Executive of Waterways Ireland
All matters in relation to Waterways Ireland’s functions as the regulatory authority for the management, maintenance and development of the Barrow Navigation, Grand Canal, Royal Canal, Shannon Navigation, Shannon Erne Waterways, Erne system and Lower Bann Navigation in accordance with the British —Irish Agreement Act 1999 (No. 1 of 1999) and with bye law making powers under the Shannon Navigation Acts 1990 and 2005 and the Canals Acts 1986 and 2005.
Registrar of the Veterinary Council of Ireland
All matters relating to the regulation and management by the Council of the practice of veterinary medicine and nursing.
Given under my Official Seal,
23 July 2014.
Minister for Public Expenditure and Reform.