S.I. No. 304/1974:

PROSECUTION OF OFFENCES ACT, (SECTION 2) REGULATIONS, 1974.

PROSECUTION OF OFFENCES ACT, (SECTION 2) REGULATIONS, 1974.

I, LIAM MAC COSGAIR, Taoiseach, in exercise of the powers conferred on me by section 2 (7) (d) of the Prosecution of Offences Act, 1974 (No. 22 of 1974), and after consultation with the Attorney General, hereby make the following regulations :

1. These Regulations may be cited as the Prosecution of Offences Act (Section 2) Regulations, 1974.

2. In these Regulations--

"the Act" means the Prosecution of Offences Act, 1974 (No. 22 of 1974);

"the committee" means the committee established under section 2 (7) of the Act.

3. (1) Whenever a request is made to the committee under section 2 (7) (b) of the Act--

( a ) the committee shall meet on a date and at a time and place determined by the Chief Justice,

( b ) the Chief Justice shall cause to be communicated to the other members of the committee the date, time and place of the meeting, and

( c ) the committee shall, before selecting candidates for appointment to the office of Director pursuant to the request, cause an advertisement to be published inviting applications for appointment to such office.

(2) If, through illness or other incapacity, the Chief Justice is unable to perform the functions assigned to him by paragraph (1) of this Regulation, those functions shall be performed by the Secretary to the Government or by another member of the committee authorised by the committee to do so.

4. Decisions by the committee in relation to the selection of candidates for appointment to the office of Director shall be made in such manner as the committee consider appropriate. Other decisions by the committee shall require votes in their favour by not less than three of the members of the committee.

5. (1) The Chief Justice shall preside at meetings of the committee at which he is present.

(2) If the Chief Justice is not present at a meeting of the committee, a member of the committee selected by the committee shall preside at the meeting.

6. Subject to Regulations 4 and 5 of these Regulations, the committee shall regulate its own procedure.

7. An officer of the Taoiseach designated by the Secretary of the Department of the Taoiseach shall act as secretary to the committee.

8. (1) Unwillingness or inability of a person mentioned in section 2 (7) (a) (i) of the Act to act for any period as a member of the committee shall be conveyed in writing to the Taoiseach.

(2) Where an appointment is made under section 2 (7) (a) (ii) of the Act, the Taoiseach shall cause the committee and the person acting as secretary of the committee to be informed of the appointment and its duration and of the name of the person appointed.

9. Any expenses incurred by the committee in pursuance of the Act shall be paid by the Taoiseach out of moneys provided by the Oireachtas.

GIVEN under my Official Seal, this 15th day of October, 1974.

LIAM MAC COSGAIR,

Taoiseach.

EXPLANATORY NOTE.

These Regulations set out the procedures to be adopted by the Committee which has been established to select candidates for appointment to the Office of Director of Public Prosecutions and deal with related matters.