S.I. No. 368 of 2009

DISABLED DRIVERS AND DISABLED PASSENGERS (TAX CONCESSIONS) (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 15th September, 2009.

I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by section 92 (as amended by section 17 of the Finance (No. 2) Act 1992 (No. 28 of 1992)) of the Finance Act 1989 (No. 10 of 1989), after consultation with the Minister for Health and Children (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )) and the Minister for the Environment, Heritage and Local Government (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )), hereby make the following regulations:

1. These Regulations may be cited as the Disabled Drivers and DisabledPassengers (Tax Concessions) (Amendment) Regulations 2009.

2. Regulation 6 (as amended by the Disabled Drivers and Disabled Passengers (Tax Concessions) (Amendment) (No. 2) Regulations 2005 ( S.I. No. 566 of 2005 )) of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 ( S.I. No. 353 of 1994 ) is amended in paragraph (1)-

(a) by inserting after subparagraph (b) the following:

"(ba) Where the chairperson of the Board is temporarily unable to perform his or her duties, whether because of absence, ill-health or for any other reason, the Minister for Finance may appoint one of the medical practitioners appointed under subparagraph (a) to be an acting chairperson to assume the duties of the chairperson for a specified period not exceeding the remainder of the period of the chairperson's appointment.",

and

(b) by substituting the following subparagraph for subparagraph (d):

"(d) At a meeting of the Board-

(i) the chairperson shall, if present, be the chairperson of the meeting,

(ii) where an acting chairperson has been appointed under subparagraph (ba), the acting chairperson shall, if present, be the chairperson of the meeting, or

(iii) if neither the chairperson nor the acting chairperson appointed under subparagraph (ba) is present, the members who are present shall choose one of their number to be chairperson of the meeting.".

GIVEN under my Official Seal,

11 September 2009

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

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

The purpose of the new Regulations is to amend the existing legislation relating to the appointment of a Chairperson of the Disabled Drivers Medical Board of Appeal, in order to provide specifically for the appointment of an acting Chairperson to assume the duties of the Chairperson for a specified period not exceeding the remainder of the period of the Chairperson's appointment, where the Chairperson is unable to perform his or her duties.