S.I. No. 52/2021 - European Communities (Reception Conditions) (Amendment) Regulations 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th February, 2021.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2013/33/EU of 26 June 20131 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Reception Conditions) (Amendment) Regulations 2021.

(2) These Regulations and the Regulations of 2018 shall be construed together as one and may be cited together as the European Communities (Reception Conditions) Regulations 2018 to 2021.

2. In these Regulations, “Regulations of 2018” means the European Communities (Reception Conditions) Regulations 2018 ( S.I. No. 230 of 2018 ).

3. Regulation 11 of the Regulations of 2018 is amended -

(a) in paragraph (3)(b), by the substitution of “5 months” for “8 months”,

(b) in paragraph (4)(a), by the substitution of “6 months” for “9 months”,

(c) in paragraph (5)(b)(i), by the substitution of “12 months” for “6 months”,

(d) in paragraph (6), by the substitution of “6 months” for “9 months”, and

(e) in paragraph (16), by the substitution of “paragraph (17)” for “paragraph (16)”.

4. Schedule 3 of the Regulations of 2018 is amended in section 3 of Form LMA 3 by the substitution of “My application for International Protection is 5 months old or more (the permission will not become valid until 6 months)” for “My application for International Protection is 8 months old or more (the permission will not become valid until 9 months)”.

5. Where, before the date on which these Regulations come into operation-

(a) an application for labour market access permission under Regulation 11(3) of the Regulations of 2018, or

(b) an application for renewal of a permission referred to in paragraph (a) under Regulation 11(7) of the Regulations of 2018,

has been made to the Minister and has not been determined by the Minister, the amendments of the Regulations of 2018 effected by Regulation 3 shall apply to the application concerned.

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GIVEN under my Official Seal,

9 February, 2021.

HELEN MCENTEE,

Minister for Justice.

EXPLANATORY NOTE

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

These Regulations amend the labour market access permission provisions of the European Communities (Reception Conditions) Regulations ( S.I. No. 230 of 2018 ), to reduce the timeframe for labour market access from 9 to 6 months, and to extend the validity of a labour market permission from 6 to 12 months.

1 OJ No. L.180, 29.06.2013, p.96