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Appendix 1: Definitions

The list below contains a selection of the definitions provided in section 2 of the 1995 Act as amended by the 2001 Act and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. Office holders may wish to refer to that section for a more comprehensive list of definitions. The definition of "shadow directorship" is provided in the Second Schedule to the 1995 Act.

"actual knowledge" means actual, direct and personal knowledge as distinct from constructive, implied or imputed knowledge and includes, in relation to a fact, belief in its existence the grounds for which are such that a reasonable person who is aware of them could not doubt or disbelieve that the fact exists;

"benefit" includes-
(a) a right, privilege, office or dignity and any forbearance to demand money or money's worth or a valuable thing,
(b) any aid, vote, consent or influence or pretended aid, vote, consent or influence,
(c) any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward or other thing aforesaid,
or other advantage and the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage;

"civil partner" in relation to a person, means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 but does not include a civil partner who is living separately and apart from the person;          "For the purposes of this Act a civil partner is either of two persons of the same sex who are (a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or (b) parties to a legal relationship of a class that is subject of an order made under section 5 that has not been dissolved or the subject of a decree of nullity" (Section 3, Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)

"Clerk" means, in relation to members of Dáil Éireann, the Clerk of Dáil Éireann and, in relation to members of Seanad Éireann, the Clerk of Seanad Éireann;

"commercial price", in relation to the supply of property, whether real or personal, or the supply of a service, and "commercial consideration", in relation to the lending of property, means -

(a) where the person by whom the property is supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or the supply of a service, the lowest price or consideration charged by him or her for the supply or lending in the normal course of business of an equivalent amount of property of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by him or
her in respect of the supply or lending of property of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or the first-mentioned supply of a service, and

(b) where the person by whom the property is supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or the first-mentioned supply of a service from a person who carries on such a business;

"the Commission", for the period from 22 July 1995 to 9 December 2001, meant the Public Offices Commission. With effect from 10 December 2001, it means the Standards in Public Office Commission;

"the Committee", in relation to Dáil Éireann or members of Dáil Éireann, means the Committee on Members' Interests of Dáil Éireann appointed under Section 8 of the 1995 Act. In relation to Seanad Éireann, or members of Seanad Éireann, it means the Committee on Members' Interests of Seanad Éireann appointed under Section 8 of the 1995 Act and "a Committee" means, as the context may require, each or either of these committees;

"company" means any body corporate;

"connected person", any question whether a person is connected with another shall be determined in accordance with the following provisions (any provision that one person is connected with another person being taken to mean also that that other person is connected with the first-mentioned person):
(i) a person is connected with an individual if that person is a relative of the individual,
(ii) a person, in his or her capacity as a trustee of a trust, is connected with an individual who or any of whose children or as respects whom any body corporate which he or she controls is a beneficiary
of the trust,
(iii) a person is connected with any person with whom he or she is in partnership,
(iv) a company is connected with another person if that person has control of it or if that person and persons connected with that person together have control of it,
(v) any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company as connected with one another and with any person acting on the directions of any of them to secure or exercise control of the company;

For the purposes of determining matters concerning ethics and conflicts of interests under any rule of law or enactment -

     (a) with respect to a person, a reference to a "connected person" or a "connected relative" of that person shall be construed as including the person's civil partner who is ordinarily resident with the person and the civil partner, and

     (b) a declaration that must be made in relation to a spouse of a person shall also be made in relation to a civil partner of a person.

"control" has the meaning assigned to it by Section 157 of the Corporation Tax Act, 1976, and any cognate words shall be construed accordingly;

"functions" includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties, and in relation to an office holder, includes functions conferred on him or her by the Government or in pursuance of a decision of the Government and functions of the office holder as a member of the Government;

"gift" means a gift of money or other property, excluding a donation (within the meaning of the Electoral Act, 1997);

"House" means House of the Oireachtas and, in relation to a person who is an office holder or member, means the House of the Oireachtas of which he or she is a member, and any cognate words shall be construed accordingly;

"lend" includes lease or let and any cognate words shall be construed accordingly;

"material interest", a person or a connected person has a material interest in a matter if the consequence or effect (a) of the performance by the person of a function of his or her office, or
(b) of any decision made in relation to or in the course or as a result of the performance of such a function by the person,
concerning that matter may be to confer on or withhold from the person or the connected person a significant
benefit or impose on the person a significant loss, liability, penalty, forfeiture, punishment or other disadvantage without also conferring it on, withholding it from or imposing it on persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person or the connected person is a member;

"the Minister" means the Minister for Public Expenditure and Reform;

"prescribed" means prescribed by regulations made by the Minister;

"property" means real or personal property. A person shall be deemed to have an interest in property if the person would be regarded as having, for the purposes of the Capital Acquisitions Tax Act, 1976, the power to make a disposition of that interest;

"registration date" means-
(a) in relation to Dáil Éireann and its members and Clerk -
(i) 31 December 2001, or, if on that date Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Dáil Éireann after the first-mentioned date, and
(ii) the date of each anniversary of the first registration date or, if on any such date, Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Dáil Éireann after the first-mentioned date, and

(b) in relation to Seanad Éireann and its members and Clerk -
(i) 31 December 2001, or, if on that date Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Seanad Éireann after the first general election for members of Seanad Éireann after that dissolution, and
(ii) the date of each anniversary of the first registration date or, if on any such date, Dáil Éireann stands dissolved, the date that is 30 days after the date of the first meeting of Seanad Éireann after the first general election for members of Seanad Éireann after that dissolution;

"relative", in relation to a person means a brother, sister, parent or spouse of the person or a child of the person or of the spouse;

"shadow directorship" means the position held by a person who is a shadow director within the meaning of
the Companies Acts, 1963 to 1990, or, in the case of a public body that is not a company (within the meaning of the Companies Act, 1963) and is specified in subparagraph (8), (9), (10), (11) or (12), or stands prescribed for the purposes of subparagraph (13), of paragraph 1 of the First Schedule, the position held by a person in
accordance with whose instructions or directions the members of the body or the members of the board or other body that controls, manages or administers that body are accustomed to act;

"special adviser" has the meaning assigned to it by section 19 (1) of the 1995 Act, namely a person who -

(a) occupies or occupied a position to which section 7(1)(e) of the Public Service Management (Recruitment and Appointments) Act 2004 relates having been selected for appointment to that position by an office holder personally otherwise than by means of a competitive procedure,
or
(b) is or was employed under a contract for services by an office holder, having been selected for the award of the contract by an office holder personally otherwise than by means of a competitive procedure,

and whose function or principal function as such a person is or was to provide advice or other assistance to or for the office holder;

[A special adviser also includes a person appointed, by order of the Government, pursuant to section 11 of the Public Service Management Act, 1997.]

spouse", in relation to a person, does not include a spouse who is living separately and apart from the person;

"value", in relation to a gift, means the price which the property the subject of the gift would fetch if it were sold on the open market on the date on which the gift was given in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the property, and any cognate words shall be construed accordingly.