[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.2 S.7
respect of those elements referred to in that order, or
(b) where elements of the entity are excluded therefrom, shall not be an FOI body in
respect of elements referred to in that order.
(5) Where a dispute arises between the Commissioner and any prescribed body as to
whether this Act applies to an element of that body, the dispute shall be submitted to
the Minister whose determination shall be binding on the Information Commissioner
and the body.
(6) The Minister may prescribe for the purposes of subsection (1) any of the following:
(a) an entity, being—
(i) a company established under the Companies Acts in pursuance of powers
conferred by or under another enactment, or
(ii) any other entity, whether financed wholly or partly, or directly or indirectly,
by means of moneys provided, or loans made or guaranteed, by a Minister of
the Government or the issue of shares held by or on behalf of a Minister of
the Government;
(b) any other entity on which functions in relation to the general public or a class of
the general public stand conferred by any enactment (but only in respect of those
functions);
(c) a subsidiary (within the meaning of the Companies Acts) of, or any entity directly
or indirectly controlled by, an entity referred to in this subsection;
(d) an entity (being a body corporate) that directly or indirectly controls any entity
referred to in this subsection.
(7) The power of amendment or revocation under subsection (3) is without prejudice to
the application of section 22(3) of the Interpretation Act 2005 to other provisions of
this Act enabling the making of orders.
(8) Where an order is proposed to be made under this section, a draft of the order shall be
laid before each House of the Oireachtas and the order shall not be made until a
resolution approving of the draft has been passed by each such House.
(9) An order made under subsection (1) may specify a date, which shall not be a date later
than 6 months from the date of such order, on which the entity concerned shall
become a prescribed body.
(10) (a) Where an entity that is a prescribed body—
(i) changes its name,
(ii) merges with, takes over, or is taken over by, another entity, whether or not
the merger or takeover results in the creation of a new entity,
(iii) creates a subsidiary entity,
(iv) splits its functions into new entities or delegates functions to another entity,
or
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