S.I. No. 544/2022 - Payment of Wages Act 1991 (Application of Sections 4B to 4F) Regulations 2022

1. The sale of beverages (including intoxicating liquor) or food for consumption on the premises at which such beverage or food is sold.

2. The sale of beverages (including intoxicating liquor) or food by means of casual trading (within the meaning of

section 2

of the

Casual Trading Act 1995

(No. 19 of 1995)).

3. The accommodation of overnight guests on a commercial basis in a hotel, guesthouse, hostel, bed and breakfast, self-catering accommodation facility or any similar accommodation facility.

4. Providing guided tours.

5. Carrying out non-surgical cosmetic procedures including the following

(a) cosmetic nail care;

(b) nail styling;

(c) hair care;

(d) hair styling;

(e) tattoo services;

(f) piercing services;

(g) skin care services.

6. The provision of services relating to gaming in a manner authorised by the

Gaming and Lotteries Act 1956

(No. 2 of 1956) at a premises that is used primarily for the provision of such services.

7. The provision of services as a licensed bookmakers (within the meaning of the Betting Act 1931 (No. 27 of 1931)).

8. Providing transport services by means of a public service vehicle other than the following

(a) services provided under a public transport services contract entered into under

section 48

of the

Dublin Transport Authority Act 2008

(No. 15 of 2008);

(b) services provided under a public bus passenger service licence granted under

section 7

of the

Public Transport Regulation Act 2009

(No. 37 of 2009);

(c) services provided exclusively for carrying children to or from a school.

Regulation 5

Part 2

9. Ordering beverages (including intoxicating liquor) or food for delivery to a place other than the premises at which such beverage or such food is prepared or stocked.

10. Providing transport by means of a public service vehicle.

GIVEN under my Official Seal,

28 October, 2022.

LEO VARADKAR,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation

).

These Regulations prescribe the employer or class of employer to whom sections 4B to 4E of the

Payment of Wages Act 1991

(No. 25 of 1991) (inserted by section 3 of the

Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

(No. 23 of 2022) shall apply. Where an employee’s responsibilities relate, in whole or in part, to at least one of the services referred to in Part 1 of the Schedule to the Regulations, the employer is prescribed as an employer to which sections 4B to 4E of the Principal Act apply. A person who controls, manages, directs or is otherwise responsible, directly or indirectly, for an online digital platform service referred to in Part 2 of the Schedule is prescribed as a person to whom section 4F of the

Payment of Wages Act 1991

(No. 25 of 1991) applies.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st November,

2022.

I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by

section 4

A (inserted by

section 3

of the

Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

(No. 23 of 2022)) of the

Payment of Wages Act 1991

(No. 25 of 1991), having regard to the matters specified in subsections (3)(a) and (4)(a) of that section and having complied with subsections (3)(b) and (4)(b) of that section, hereby make the following regulations