(LRC Revised)

Number 31 of 2001

STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 1 January 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Standards in Public Office Act 2001

. 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

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory instruments up to and

including the

European Union (Mercury) (Amendment) Regulations 2024

(S.I. No. 754 of 2024), made

19 December 2024, 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.

Number

31

of

2001

STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 1 January 2025

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Establishment and membership of Commission.

3.

Additional functions of Commission.

4.

Complaints to Commission.

5.

Immunity etc., for complainants.

6.

Inquiry officers.

7.

Investigations by Commission.

8.

Identity of Persons making complaints.

9.

Costs of persons appearing before Commission or a Committee.

10.

Codes of conduct.

11.

Provisions in relation to statements under sections 17 and 18 of

Principal Act.

12.

Registration date.

13.

Consequential and minor amendments of Principal Act.

14.

Transitional and saver.

15.

Adaptation of references in Principal Act and Act of 1997.

16.

Admissibility of certain evidence.

17.

Obstruction.

18.

Discovery of documents.

19.

Preservation of documents, etc.

20.

Provisions in relation to forms under section 5 of Principal Act and

section 24 of Act of 1997.

21.

Evidence of compliance with Acts by members.

22.

Evidence of compliance with Acts before appointment to judicial

office.

23.

Evidence of compliance with Acts by holders of senior office.

24.

Evidence of subsequent compliance with Acts by persons who contravene

section

21

or

23

.

25.

Tax clearance certificates for purposes of

section 21

, 22, 23

or

24

.

26.

Amendment of Statutory Declarations Act, 1938.

27.

Removal of difficulties.

28.

Repeals and revocations.

29.

Short title, commencement, construction and collective

citations.

SCHEDULE 1

Amendment of Principal

Act

SCHEDULE 2

Repeals

Acts

Referred to

Capital

Acquisitions Tax Act, 1976

1976, No. 8

Capital Gains

Tax Acts

Civil Service

Regulation Act, 1956

1956, No. 46

Courts and

Court Officers Act, 1995

1995, No. 31

Electoral Act,

1997

1997, No. 25

Electoral

Acts, 1992 to 1999

Ethics in

Public Office Act, 1995

1995, No. 22

European

Parliament Elections Act, 1999

1999, No. 2

Freedom of

Information Act, 1997

1997, No. 13

Oireachtas

(Allowances to Members) Act, 1938

1938, No. 34

Statutory

Declarations Act, 1938

1938, No. 37

Tax

Acts

Taxes

Consolidation Act, 1997

1997, No. 39

Unfair

Dismissals Act, 1977

1977, No. 10

Value-Added

Tax Act, 1972

1972, No. 22

Number

31

of

2001

STANDARDS IN PUBLIC OFFICE ACT 2001

REVISED

Updated to 1 January 2025

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A COMMISSION, TO BE

KNOWN AS THE STANDARDS IN PUBLIC OFFICE COMMISSION, TO CONFER ON IT THE FUNCTIONS

OF THE PUBLIC OFFICES COMMISSION AND

CERTAIN OTHER FUNCTIONS, TO PROVIDE FOR THE FURNISHING OF TAX CLEARANCE CERTIFICATES

TO THAT COMMISSION BY PERSONS

UPON ELECTION TO EITHER HOUSE OF THE OIREACHTAS OR APPOINTMENT TO JUDICIAL OFFICE

OR SENIOR OFFICE, TO AMEND THE

STATUTORY DECLARATIONS ACT, 1938, THE ETHICS IN PUBLIC OFFICE ACT, 1995, AND THE ELECTORAL

ACT, 1997, AND TO PROVIDE

FOR CONNECTED MATTERS. [14

th July

, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and references to "Department

of Public Expenditure, National Development Plan Delivery and Reform" and “Minister

for Public Expenditure

and Reform” construed (1.03.2023) by

Standards in Public Office (Transfer of Departmental

Administration and Ministerial Functions) Order 2023

(S.I. No. 89 of 2023), arts. 2, 3 and sch. in

effect as per art. 1(2), subject to transitional provisions in arts. 4-6. This applies

to the whole Act,

other than s. 9.

2. (1) The administration and business in connection with

the exercise, performance or execution of any functions transferred by Article 3 are

transferred to the

Department of Finance.

(2) References to the Department of Public Expenditure,

National Development Plan Delivery and Reform contained in any Act or any instrument

made under an Act and

relating to the administration and business transferred by paragraph (1) shall, from

the commencement of

this Order, be construed as references to the Department of Finance.

3. (1) The functions vested in the Minister for Public

Expenditure, National Development Plan Delivery and Reform by or under the provisions

of an Act specified

in column (1) of the Schedule are transferred to the Minister for Finance to the extent

specified in

column (2) of the Schedule opposite the mention of the Act so specified.

(2) References to the Minister for Public Expenditure,

National Development Plan Delivery and Reform contained in any Act or instrument made

under an Act and

relating to any functions transferred by paragraph (1) shall, from the commencement

of this Order, be

construed as references to the Minister for Finance.

...

Schedule

Short Title of Act and Number

Provision

(1)

(2)

...

...

Standards in Public Office Act 2001 (No.

31 of 2001)

The whole Act, other than section 9.

...

...

C2

Functions transferred and references to “Department of Finance” and “Minister for

Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and

Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with

the performance of any functions transferred by this Order are transferred to the

Department of Public

Expenditure and Reform.

(2) References to the Department of Finance contained in

any Act or instrument made thereunder and relating to the administration and business

transferred by

paragraph (1) shall, on and after the commencement of this Order, be construed as

references to the

Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by

or under the provisions of —

(

a

) the enactments specified in Schedule 1, and

(

b

) the statutory instruments specified in Schedule

2,

are transferred to the Minister for Public Expenditure and

Reform.

...

5. References to the Minister for Finance contained in any

Act or instrument under an Act and relating to any functions transferred by this Order

shall, from the

commencement of this Order, be construed as references to the Minister for Public

Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 31 of 2001

Standards in Public Office Act 2001

The whole Act

...

...

...

C3

Application of collectively cited

Ethics in Public Office Acts 1995 and 2001

restricted

(27.09.2006) by

Aer Lingus Act 2004

(10/2004), s. 12(1), S.I. No. 475 of 2006.

Certain Acts not to apply to Company.

12.

—(1) With effect from the coming

into operation of this subsection, the Ethics in Public Office Acts 1995 and 2001,

shall cease to apply to

the Company.

Annotations

Modifications (not altering text)

C1

Functions transferred and references to "Department

of Public Expenditure, National Development Plan Delivery and Reform" and “Minister

for Public Expenditure

and Reform” construed (1.03.2023) by

Standards in Public Office (Transfer of Departmental

Administration and Ministerial Functions) Order 2023

(S.I. No. 89 of 2023), arts. 2, 3 and sch. in

effect as per art. 1(2), subject to transitional provisions in arts. 4-6. This applies

to the whole Act,

other than s. 9.

2. (1) The administration and business in connection with

the exercise, performance or execution of any functions transferred by Article 3 are

transferred to the

Department of Finance.

(2) References to the Department of Public Expenditure,

National Development Plan Delivery and Reform contained in any Act or any instrument

made under an Act and

relating to the administration and business transferred by paragraph (1) shall, from

the commencement of

this Order, be construed as references to the Department of Finance.

3. (1) The functions vested in the Minister for Public

Expenditure, National Development Plan Delivery and Reform by or under the provisions

of an Act specified

in column (1) of the Schedule are transferred to the Minister for Finance to the extent

specified in

column (2) of the Schedule opposite the mention of the Act so specified.

(2) References to the Minister for Public Expenditure,

National Development Plan Delivery and Reform contained in any Act or instrument made

under an Act and

relating to any functions transferred by paragraph (1) shall, from the commencement

of this Order, be

construed as references to the Minister for Finance.

...

Schedule

Short Title of Act and Number

Provision

(1)

(2)

...

...

Standards in Public Office Act 2001 (No.

31 of 2001)

The whole Act, other than section 9.

...

...

C2

Functions transferred and references to “Department of Finance” and “Minister for

Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and

Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with

the performance of any functions transferred by this Order are transferred to the

Department of Public

Expenditure and Reform.

(2) References to the Department of Finance contained in

any Act or instrument made thereunder and relating to the administration and business

transferred by

paragraph (1) shall, on and after the commencement of this Order, be construed as

references to the

Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by

or under the provisions of —

(

a

) the enactments specified in Schedule 1, and

(

b

) the statutory instruments specified in Schedule

2,

are transferred to the Minister for Public Expenditure and

Reform.

...

5. References to the Minister for Finance contained in any

Act or instrument under an Act and relating to any functions transferred by this Order

shall, from the

commencement of this Order, be construed as references to the Minister for Public

Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 31 of 2001

Standards in Public Office Act 2001

The whole Act

...

...

...

C3

Application of collectively cited

Ethics in Public Office Acts 1995 and 2001

restricted

(27.09.2006) by

Aer Lingus Act 2004

(10/2004), s. 12(1), S.I. No. 475 of 2006.

Certain Acts not to apply to Company.

12.

—(1) With effect from the coming

into operation of this subsection, the Ethics in Public Office Acts 1995 and 2001,

shall cease to apply to

the Company.