Part I, Section 3 · Organisation of Working Time Act 1997

Contents

3Non-application of Act or provisions thereof.#

—(1) Subject to subsection (4), this Act shall not apply to a member of the Garda Síochána .

(1A)Subject to subsection (4), this Act shall not apply to a member of the Defence Forces where the member is —

(a)on active service within the meaning of section 5 of the Defence Act 1954,

(b)deemed to be on active service in accordance with section 4 (1) of the Defence (Amendment) (No. 2) Act 1960,

(c)despatched for service outside the State under subsection (1) of section 3 of the Defence (Amendment) Act 2006 for any purpose referred to in paragraph (b), (d), (e) or (f) of that subsection,

(d)engaged in duties and tasks while on sailing orders,

(e)engaged in operations in aid to the civil power,

(f)in barracks during an assigned duty period relating to explosive ordnance duties, or deployed to perform such duties,

(g)engaged in fire crew duties at Casement Aerodrome, Baldonnel,

(h)engaged in operational activities as a member of the Army Ranger Wing,

(i)engaged in —

(i)induction training,

(ii)Special Operations Force Qualification,

(iii)essential training prior to a period of active service within the meaning of section 4 (1) of the Defence (Amendment) (No. 2) Act 1960, or

(iv)essential training prior to a period of despatch for service outside the State in accordance with section 3 (1) of the Defence (Amendment) Act 2006 for any purpose referred to in paragraph (b), (d), (e) or (f), or

(j)engaged in activities of a special nature on the direction of Government, or in support of a state body, that cannot, due to the nature of the activities in question, be performed in compliance with the provisions of this Act.

(1B)In subsection (1A), "state body" means —

(a)a Minister of the Government, or

(b)a person —

(i)established by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

(ii)established under the Companies Act 2014, or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment,and financed wholly or partly, whether 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.

(2)Subject to subsection (4), Part II shall not apply to—

(a)a person engaged in—

(i)sea fishing,

(ii)other work at sea, or

(iii)the activities of a doctor in training,

(b)a person—

(i)who is employed by a relative and is a member of that relative’s household or is employed by the person’s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, and

(ii)whose place of employment is a private dwelling house or a farm in or on which he or she and the relative or civil partner reside, or

(c)a person the duration of whose working time (saving any minimum period of such time that is stipulated by the employer) is determined by himself or herself, whether or not provision for the making of such determination by that person is made by his or her contract of employment.

(3)The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by regulations exempt from the application of a specified provision or provisions of this Act persons employed in any specified class or classes of activity—

(a)involving or connected with the transport (by whatever means) of goods or persons, or

(b)in the civil protection services where, in the opinion of the Minister and any other Minister of the Government in whom functions stand vested in relation to the service concerned, the inherent nature of the activity is such that, if the provision concerned were to apply to the said person, the efficient operation of the service concerned would be adversely affected.

(4)The Minister may, after consultation with any other Minister of the Government who, in the opinion of the Minister, might be concerned with the matter, by order provide that a specified provision or provisions of this Act or, as the case may be, of Part II shall apply to a specified class or classes of person referred to in subsection (1), paragraphs (a) to (j) of subsection (1A) or subsection (2) and for so long as such an order remains in force the said provision or provisions shall be construed and have effect in accordance with the order.

(5)The reference in subsection (4) to an order in force shall, as respects such an order that is amended by an order in force under section 7 (4), be construed as a reference to the first-mentioned order as so amended.

(6)In this section “relative”, in relation to a person, means his or her spouse, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother or half-sister.

Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.