(LRC Revised)

Number 7 of 2022

GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 7 February 2024

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

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

Policing, Security and Community Safety Act 2024

(1/2024), enacted 7 February 2024, and all statutory instruments up to

and including

Circular Economy and Miscellaneous Provisions Act 2022 (Commencement of Certain Provisions)

Order 2024

(S.I. No. 40 of 2024), made 9 February 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

7

of

2022

GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 7 February 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and

commencement

2. Definitions

3. Revocation

PART 2

Amendments

4. Amendment of enactments relating to functions and operational areas of Garda Síochána

5. Amendment of certain enactments by substitution of “area” for “district”

6. Amendment of Act of 1925

7. Amendment of

section 10 of Sex Offenders Act 2001

(repealed)

8. Amendment of section 92 of Criminal Justice Act 2006

9. Power to amend certain statutory instruments

10. Construction of references in certain enactments

11. Construction of references to Garda division in certain enactments

12. Construction of references to Royal Irish Constabulary or Civic Guard districts

in certain enactments

PART 3

Transitional Provisions

13. General transitional provisions relating to amendment of certain enactments by

sections 4 and 10

14. Additional transitional provision relating to amendment of Petty Sessions (Ireland)

Act 1851 by section 4(1)

15. Additional transitional provisions relating to amendment of Act of 1925 by section

4(1)

16. Additional transitional provisions relating to amendment of Betting Act 1931 by

section 4(1)

17. Additional transitional provisions relating to amendment of Gaming and Lotteries

Act 1956 by section 4(1)

18. Additional transitional provision relating to amendment of Firearms Act 1964 by

section 4(1)

19. Additional transitional provision relating to amendment of Firearms and Offensive

Weapons Act 1990 by section 4(1)

20. Additional transitional provisions relating to amendment of Control of Horses

Act 1996 by section 4(1)

21. Additional transitional provisions relating to amendment of Criminal Justice (Money

Laundering and Terrorist Financing) Act 2010 by section 4(1)

22. Additional transitional provisions relating to amendment of Criminal Justice (Forensic

Evidence and DNA Database System) Act 2014 by section 4(1)

23. Additional transitional provisions relating to amendment of European Union (Making

Available on the Market and Supervision of Explosives for Civil Uses) Regulations

2016 by section 4(2)

24. General transitional provisions relating to amendment of certain enactments by

section 5

25. Transitional provisions relating to amendment of section 10 of Sex Offenders Act

2001 by section 7 and amendment of section 92 of Criminal Justice Act 2006 by section

8

26. Transitional provisions relating to later amalgamation of Garda Síochána divisions by determination under section 33(1) of Act of 2005

PART 4

Amendment of Act of 2005

27. Amendment of section 3(1) of Act of 2005

28. Amendment of section 26 of Act of 2005

29. Amendment of section 122 of Act of 2005

30. Amendment of section 123 of Act of 2005

31. Amendment of Schedule 5 to Act of 2005

SCHEDULE 1

Amendment of Acts by section 4(1)

SCHEDULE 2

Amendment of statutory instruments by section 4(2)

SCHEDULE 3

Amendment of Acts by section 5(1)

SCHEDULE 4

Amendment of statutory instruments by section 5(2)

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)

Number

7

of

2022

GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

REVISED

Updated to 7 February 2024

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.

[4

th May

, 2022]

Be it enacted by the Oireachtas

as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and

commencement

2. Definitions

3. Revocation

PART 2

Amendments

4. Amendment of enactments relating to functions and operational areas of Garda Síochána

5. Amendment of certain enactments by substitution of “area” for “district”

6. Amendment of Act of 1925

7. Amendment of

section 10 of Sex Offenders Act 2001

(repealed)

8. Amendment of section 92 of Criminal Justice Act 2006

9. Power to amend certain statutory instruments

10. Construction of references in certain enactments

11. Construction of references to Garda division in certain enactments

12. Construction of references to Royal Irish Constabulary or Civic Guard districts

in certain enactments

PART 3

Transitional Provisions

13. General transitional provisions relating to amendment of certain enactments by

sections 4 and 10

14. Additional transitional provision relating to amendment of Petty Sessions (Ireland)

Act 1851 by section 4(1)

15. Additional transitional provisions relating to amendment of Act of 1925 by section

4(1)

16. Additional transitional provisions relating to amendment of Betting Act 1931 by

section 4(1)

17. Additional transitional provisions relating to amendment of Gaming and Lotteries

Act 1956 by section 4(1)

18. Additional transitional provision relating to amendment of Firearms Act 1964 by

section 4(1)

19. Additional transitional provision relating to amendment of Firearms and Offensive

Weapons Act 1990 by section 4(1)

20. Additional transitional provisions relating to amendment of Control of Horses

Act 1996 by section 4(1)

21. Additional transitional provisions relating to amendment of Criminal Justice (Money

Laundering and Terrorist Financing) Act 2010 by section 4(1)

22. Additional transitional provisions relating to amendment of Criminal Justice (Forensic

Evidence and DNA Database System) Act 2014 by section 4(1)

23. Additional transitional provisions relating to amendment of European Union (Making

Available on the Market and Supervision of Explosives for Civil Uses) Regulations

2016 by section 4(2)

24. General transitional provisions relating to amendment of certain enactments by

section 5

25. Transitional provisions relating to amendment of section 10 of Sex Offenders Act

2001 by section 7 and amendment of section 92 of Criminal Justice Act 2006 by section

8

26. Transitional provisions relating to later amalgamation of Garda Síochána divisions by determination under section 33(1) of Act of 2005

PART 4

Amendment of Act of 2005

27. Amendment of section 3(1) of Act of 2005

28. Amendment of section 26 of Act of 2005

29. Amendment of section 122 of Act of 2005

30. Amendment of section 123 of Act of 2005

31. Amendment of Schedule 5 to Act of 2005

SCHEDULE 1

Amendment of Acts by section 4(1)

SCHEDULE 2

Amendment of statutory instruments by section 4(2)

SCHEDULE 3

Amendment of Acts by section 5(1)

SCHEDULE 4

Amendment of statutory instruments by section 5(2)

Number

7

of

2022