Garda Sochna (Functions and Operational Areas) Act 2022

• Act Number: 7
• Enactment Date: 04 May 2022

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Number 7 of 2022

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GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 31 July 2023

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This Revised Act is an administrative consolidation of the Garda Síochána (Functions and Operational Areas) Act 2022. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 7 of 2022

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GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 31 July 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023)

• Sex Offenders (Amendment) Act 2023 (9/2023)

• Civil Law (Miscellaneous Provisions) Act 2022 (19/2022)

All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None

All statutory instruments up to and including Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this revision.

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Number 7 of 2022

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GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 31 July 2023

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Acts Referred to

Animals Act 1985 (No. 11)

Bail Act 1997 (No. 16)

Betting Act 1931 (No. 27)

Children Act 2001 (No. 24)

Control of Horses Act 1996 (No. 37)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (No. 21)

Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (No. 20)

Criminal Justice (Psychoactive Substances) Act 2010 (No. 22)

Criminal Justice Act 1951 (No. 2)

Criminal Justice Act 2006 (No. 26)

Criminal Justice Act 2007 (No. 29)

Firearms (Firearm Certificates For Non-Residents) Act 2000 (No. 20)

Firearms Act 1925 (No. 17)

Firearms Act 1964 (No. 1)

Firearms and Offensive Weapons Act 1990 (No. 12)

Gaming and Lotteries Act 1956 (No. 2)

Garda Síochána Act 2005 (No. 20)

Immigration Act 1999 (No. 22)

Immigration Act 2003 (No. 26)

Immigration Act 2004 (No. 1)

International Protection Act 2015 (No. 66)

Interpretation Act 2005 (No. 23)

Intoxicating Liquor Act 1953 (No. 30)

Intoxicating Liquor Act 1960 (No. 18)

Intoxicating Liquor Act 1988 (No. 16)

Intoxicating Liquor Act 2008 (No. 17)

Local Government Act 2001 (No. 37)

Misuse of Drugs Act 1977 (No. 12)

Parole Act 2019 (No. 28)

Pawnbrokers Act 1964 (No. 31)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Property Services (Regulation) Act 2011 (No. 40)

Public Dance Halls Act 1935 (No. 2)

Refugee Act 1996 (No. 17)

Registration of Clubs (Ireland) Act 1904 (4 Edw. 7, c. 9)

Roads Act 1993 (No. 14)

Seanad Electoral (Panel Members) Act 1947 (No. 42)

Sex Offenders Act 2001 (No. 18)

Taxes Consolidation Act 1997 (No. 39)

Taxi Regulation Act 2013 (No. 37)

Wildlife Act 1976 (No. 39)

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Number 7 of 2022

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GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 31 July 2023

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An Act to amend certain enactments, consequent upon changes in the manner in which the Garda Síochána are to be distributed and stationed throughout the State; to provide that references in certain enactments to Garda districts are to be, or to be construed as, references to Garda Síochána divisions; to provide that specified functions of members of the Garda Síochána under certain enactments may be performed by members of a different rank; to amend certain enactments to provide that references to a district be references to an area; to amend the Firearms Act 1925 to provide for the delegation of specified functions of a superintendent under that Act to an Inspector; to provide that notifications under the Sex Offenders Act 2001 and the Criminal Justice Act 2006 can take place at Garda Síochána stations designated by the Commissioner of the Garda Síochána; to empower the Minister to make regulations to amend statutory instruments in order to give effect to a determination of the Commissioner of the Garda Síochána under section 33(1) of the Garda Síochána Act 2005; to make transitional arrangements in respect of the aforementioned changes; to provide for the revocation of the Garda Siochana (Designations, Appointments and Discipline) Regulations 1924; to amend the Garda Síochána Act 2005 by amending Schedule 5 and by creating regulation-making powers in order to make provision for a testing regime of members and certain other persons to detect the presence of controlled drugs or psychoactive substances in samples provided, to prohibit their presence in specified concentrations other than where exposure in the course of functions or employment occurs and to make provision for disciplinary sanctions relating to these matters; and to provide for related matters.

[4th May, 2022]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1

Short title and commencement

1. (1) This Act may be cited as the Garda Síochána (Functions and Operational Areas) Act 2022.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2

Definitions

2. In this Act—

“Act” has the same meaning as it has in section 2(1) of the Interpretation Act 2005;

“Act of 1925” means the Firearms Act 1925;

“Act of 2005” means the Garda Síochána Act 2005;

“Commissioner of the Garda Síochána” means the person for the time being appointed as the Commissioner of the Garda Síochána in accordance with section 9 of the Act of 2005, or a person performing the functions of the Commissioner of the Garda Síochána pursuant to an authorisation under section 32 of that Act;

“county of Dublin” means the area comprising the local government areas (within the meaning of the Local Government Act 2001) of—

(a) Dún Laoghaire-Rathdown,

(b) Fingal,

(c) South Dublin, and

(d) Dublin City;

“Dublin Metropolitan Region” means the operational area of the Garda Síochána known by that name that comprises the county of Dublin, whether or not it also comprises an area of any other county, as determined by the Commissioner of the Garda Síochána under section 33(1) of the Act of 2005;

“enactment” has the same meaning as it has in section 2(1) of the Interpretation Act 2005;

“equivalent division” means, in relation to a Garda district in being immediately before the date on which this section comes into operation, the Garda Síochána division that contains the geographical area of which the district comprised;

“Garda Síochána division” means a division of the Garda Síochána in being that was—

(a) created under a determination under section 33(1) of the Act of 2005 on or after the date on which this section comes into operation,

(b) continued in being on that date by virtue of a determination under section 33(1) of the Act of 2005, or

(c) continued in being on that date by virtue of section 3(2) ;

“Minister” means the Minister for Justice;

“operational area” means an area in which the Garda Síochána are distributed and stationed in the State as may be determined from time to time by the Commissioner of the Garda Síochána;

“statutory instrument” has the same meaning as it has in...