S.I. No. 127 of 2001

Freedom of Information Act, 1997 (Prescribed Bodies) (No. 2) Regulations, 2001

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act, 1997 ( No. 13 of 1997 ), and to the extent that these Regulations relate to the functions of the Minister for Enterprise, Trade and Employment, with the consent of that Minister, hereby make the following regulations with respect to which, pursuant to section 3(3) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1.       These Regulations may be cited as the Freedom of Information Act, 1997 (Prescribed Bodies) (No. 2) Regulations, 2001.

2.       These Regulations shall come into operation with effect from 21st January, 2001.

3.       In these Regulations, ‘certification’ means the certification or consideration for certification, of any commodity, process or practice as conforming with any standard or specification and such other activities as are necessary or ancillary to such certification, including -

(a)      the performance of tests, analysis, audits or enquiries prior to the making of a decision on such certification, and

(b)      such activities, including tests, analysis, audits or enquiries, as are necessary to ensure that any such commodity, process or practice continues to meet any such standard or specification,

where these matters are performed at the request of a client in return for a payment or consideration.

4.       (1)      Subject to paragraphs (2) and (3) of this Regulation, The National Standards Authority of Ireland shall stand prescribed for the purposes of paragraph 1(5) of the First Schedule to the Freedom of Information Act, 1997 (No. 13 of 1997) .

(2)      Subject to paragraph (3) of this Regulation, the Freedom of Information Act, 1997 , shall apply to The National Standards Authority of Ireland only as respects the functions of the body which are specified in the Schedule.

(3)      For the purposes of these Regulations the function of certification specified in the Schedule shall apply only as respects a client of The National Standards Authority of Ireland which is a public body within the meaning of the Freedom of Information Act, 1997 .

SCHEDULE

The Minister for Enterprise, Trade and Employment consents to the making of these Regulations.

EXPLANATORY NOTE

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

These Regulations prescribe The National Standards Authority of Ireland as a public body for the purposes of the Freedom of Information Act, 1997 (No. 13 of 1997) by its inclusion in subparagraph (5) of paragraph 1 of the First Schedule to that Act.

In accordance with section 3 subparagraph 5 of that Act, these Regulations provide that the Freedom of Information Act, 1997 shall apply to The National Standards Authority of Ireland only as respects specified functions of the body.