OFFICIAL LANGUAGES ACT 2003

FIRST SCHEDULE Public Bodies

Public Bodies

Section 2.

1. Each of the following shall be a public body for the purposes of this Act

(1) Department of Agriculture and Food

Department of Arts, Sport and Tourism

Department of Communications, Marine and Natural Resources

Department of Community, Rural and Gaeltacht Affairs

Department of Defence

Department of Education and Science

Department of Enterprise, Trade and Employment

Department of Finance

Department of Foreign Affairs

Department of Health and Children

Department of Justice, Equality and Law Reform

Department of Public Enterprise

Department of Social and Family Affairs

Department of the Environment and Local Government

Department of the Taoiseach

Department of Transport

Office of the Director of Consumer Affairs

Central Statistics Office

Chief State Solicitor's Office

Office of the Civil Service and Local Appointments Commissioners

Office of the Attorney General

Office of the Comptroller and Auditor General

Office of the Director of Public Prosecutions

Office of the Houses of the Oireachtas

Office of the President

Office of the Revenue Commissioners

(2) Agencies, Boards, State Companies (commercial and non-commercial)

a regional assembly

the Eastern Regional Health Authority and an area health board

a regional authority

a university or other third level institution

a vocational education committee

Advisory Committee on Cultural Relations

Aer Lingus Group plc

Aer Rianta cpt

An Bord Altranais

An Bord Bia

An Bord Glas

An Bord Pleanála

An Bord Uchtála

An Chomhairle Leabharlanna

An Chomhairle um Oideachas Gaeltachta agus Gael scolaíochta

An Coimisiún Logainmneacha

An Foras Áiseanna Saothair (FÁS)

An Implementation Body established under the British-Irish

Agreement Act 1999

An Post

An tÚdarás um Ard-Oideachas

APSO (Agency for Personal Service Overseas)

Area Development Management Limited

Area Partnership Boards

Arramara Teoranta

Bioresearch Ireland

Bord Fáilte Éireann

Bord Gáis Éireann

Bord Iascaigh Mhara

Bord na gCon

Bord na Leabhar Gaeilge

Bord na Móna

Bord na Radharcmhastóirí

Bord Scannán na hÉireann

Broadcasting Commission of Ireland

Broadcasting Complaints Commission

Bus Átha Cliath

Bus Éireann

C.E.R.T. Limited

Central and Regional Fisheries Boards

Central Bank and Financial Services Authority of Ireland

Chester Beatty Library

Coillte Teoranta

Coiste an Asgard

Comhairle

Comhairle na Nimheanna

Comhairle na nOspidéal

Comhar — The National Sustainable Development

Partnership

Commission for Aviation Regulation

Commission for Communications Regulation

Commission for Energy Regulation

Córas Iompair Éireann

County Enterprise Boards

Crafts Council of Ireland

Crisis Pregnancy Agency

Data Protection Commissioner

Defence Forces Canteen Board

Dental Council

District Registrars of Marriages appointed under the terms of section 57 of the Marriages (Ireland) Act 1844

Drug Treatment Centre Board

Dublin Dental Hospital Board

Dublin Docklands Development Authority

Dublin Institute for Advanced Studies

Dublin Transportation Office

Economic and Social Research Institute

Electricity Supply Board

Energy Advisory Board

Enterprise Ireland

Fire Services Council

Food Safety Authority of Ireland

Forfás

Further Education and Training Awards Council

General Medical Services Payment Board

General Register Office

Government Information Services

Harbour Authorities within the meaning of the Harbours Act 1946

Harbour Companies referred to in section 7 of the Harbours Act 1996

Health and Safety Authority

Health Research Board

Health Service Employers Agency

Higher Education and Training Awards Council

Horse Racing Ireland

Hospital Bodies Administrative Bureau

Hospitals Trust Board

Housing Finance Agency plc

I.D.A. Ireland

Iarnród Éireann

Institiúid Teangeolaíochta Éireann

Institute of Public Administration

International Development Ireland Limited

Irish Aid Advisory Committee

Irish Aviation Authority

Irish Blood Transfusion Service

Irish Council for Science, Technology and Innovation

Irish Fertiliser Industries Limited

Irish Financial Services Appeals Tribunal

Irish Financial Services Regulatory Authority

Irish Museum of Modern Art

Irish National Petroleum Corporation Limited

Irish National Stud Company Limited

Irish Productivity Centre

Irish Red Cross Society

Irish Telecommunications Investments plc

LEADER Groups

Leopardstown Park Hospital Board

Levy Appeals Tribunal

Local Employment Service Boards

Local Government Computer Services Board

Local Government Management Services Board

Marine Institute

Medical Bureau of Road Safety

Mental Health Commission

National Authority for Occupational Safety and Health

National Building Agency Limited

National Cancer Registry Board

National Centre for Partnership and Performance

National Committee for Development Education

National Concert Hall

National Council on Ageing and Older People

National Council for Professional Development of Nursing and Midwifery

National Council for Special Education

National Disability Authority

National Economic and Social Council

National Economic and Social Forum

National Gallery of Ireland

National Library of Ireland

National Microelectronics Applications Centre Ltd.

National Milk Agency

National Museum of Ireland

National Qualifications Authority of Ireland

National Rehabilitation Board

National Roads Authority

National Safety Council

National Social Work Qualification Board

National Standards Authority of Ireland

National Statistics Board

National Technology Park Plassey Ltd.

National Theatre Society Limited (Abbey Theatre)

National Treasury Management Agency

Nítrigin Éireann Teoranta

Office for Health Management

Office of the Director of Corporate Enforcement

Office of the Director of Equality Investigations

Office of the Paymaster General

Office of the Refugee Applications Commissioner

Office of Tobacco Control

Ordnance Survey Ireland

Patents Office

Pharmaceutical Society of Ireland

Postgraduate Medical and Dental Board

Public Voluntary Hospitals

Radiological Protection Institute of Ireland

Radio Telefís Éireann

Raidió na Gaeltachta

Refugee Agency

Refugee Appeals Tribunal

Registrars of Births, Deaths and Roman Catholic Marriages

Registration Council for Secondary Teachers

Registry of Deeds

Rights Commissioners

Shannon Free Airport Development Company Limited (SFADCo)

Standards in Public Office Commission

State Laboratory

Sustainable Energy Ireland

Teagasc

TEASTAS

Teilifís na Gaeilge

Temple Bar Properties Limited

Temple Bar Renewal Limited

the Aquaculture Licences Appeals Board

the Army Pensions Board

the Arts Council (An Chomhairle Ealaíon)

the Censorship of Films Appeals Board

the Censorship of Publications Appeals Board

the Censorship of Publications Board

the Combat Poverty Agency

the Commissioners of Charitable Donations and Bequests for Ireland

the Commissioners of Public Works

the Companies Registration Office

the Competition Authority

the Courts Service

the Criminal Injuries Compensation Tribunal

the Defence Forces

the Employment Appeals Tribunal

the Environmental Protection Agency

the Equality Authority

the Garda Síochána

the Garda Síochána Complaints Appeals Board

the Garda Síochána Complaints Board

the Health Insurance Authority

the Heritage Council

the Human Rights Commission

the Information Society Commission

the Ireland-United States Commission for Educational Exchange

the Irish Manuscripts Commission

the Irish Medicines Board

the Irish Prison Service

the Irish Sports Council

the Irish Water Safety Association

the Labour Court

the Labour Relations Commission

the Land Registry

the Law Reform Commission

the Legal Aid Board

the Medical Council

the Mining Board

the National Archives

the National Archives Advisory Council

the National Centre for Guidance in Education

the National Competitiveness Council

the National Council for Curriculum and Assessment

the National Council for Forest Research and Development (COFORD)

the National Council for Vocational Awards

the National Lottery

the Office of the Appeal Commissioners for the purposes of the Tax Acts

the Office of the Chief Medical Officer for the Civil Service

the Office of the Information Commissioner

the Office of the Official Censor of Films

the Office of the Ombudsman

the Office of the Registrar of Friendly Societies

the Pensions Board

the Probation and Welfare Service

the Referendum Commission

the Rent Tribunal

the Social Welfare Tribunal

the State Examinations Commission

the Valuation Office

the Valuation Tribunal

Údarás na Gaeltachta

Veterinary Council

Voluntary Health Insurance Board

Western Development Commission

Women's Health Council

(3) a local authority,

(4) a health board,

(5) any body, organisation or group standing prescribed for the time being, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, and being—

(a) a body, organisation or group that receives moneys directly from a Minister of the Government, a Department of State, the Central Fund or a public body specified in subparagraph (2), (3) or (4) of this paragraph in circumstances where the amount or aggregate of the amounts so received constitutes 50 per cent or more of the current expenditure of that body, organisation or group in a financial year,

(b) a body, organisation or group that at the date of the coming into operation of this Schedule is a public body but subsequently comes under private ownership and control,

(c) a body, organisation or group performing functions which previously stood vested in a body, organisation or group under public ownership or control, or

(d) any other body, organisation or group on which functions in relation to the general public or a class of the general public stand conferred or permitted by any enactment or by any licence or authority given under any enactment.

2. A body, organisation or group standing prescribed pursuant to regulations for the purposes of clause (b) of paragraph 1(5) shall be a public body only as respects functions referred to in that clause.

3. The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, by regulations amend subparagraph (2) of paragraph 1 by the insertion or deletion of a reference to any public body.

4. A reference in paragraph 1 to any particular Department of State shall be construed as—

(a) including a reference to a body, organisation or group specified in relation to that Department of State in the Schedule to the Ministers and Secretaries Act 1924 (not being another public body specified in that paragraph), and

(b) not including any other body, organisation or group.

SECOND SCHEDULE An Coimisinéir Teanga

An Coimisinéir Teanga

Section 20.

1. Subject to the provisions of this Schedule, a person appointed to be the Commissioner shall hold the office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.

2. A person appointed to be the Commissioner—

(a) may at his or her request be relieved of office by the President,

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his or her removal, and

(c) shall in any case vacate the office on attaining the age of 67 years.

3. (1) Where a person who holds the office of Commissioner is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or a local authority or to the European Parliament, or

(c) regarded, pursuant to section 15 (inserted by the European Parliament Elections Act 1993) of the European Assembly Elections Act 1977 as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be the Commissioner.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for being appointed to be the Commissioner.

4. A person who holds the office of Commissioner shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force.

5. The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

6. (1) The Minister may make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or allowances on retirement or death to, or in respect of, persons who have held the office of Commissioner.

(2) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this paragraph.

(3) A scheme under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

7. (1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may, with the consent of the Minister for Finance, determine from time to time.

(2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act 1956).

(3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996 as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then so long as the delegation remains in force—

(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and

(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.

8. (1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.

(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner in the following year on a date not later than a date specified by the Minister to the Comptroller and Auditor General for audit and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Commissioner to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.

9. The Commissioner may delegate to a member of the staff of the Commissioner any of the functions of the Commissioner (other than those under this paragraph or section 26) and references in this Act to the Commissioner shall be construed, where appropriate having regard to any delegation under this paragraph, as including references to any person to whom functions stand delegated by the delegation.