S.I. No. 398/2025 - European Communities (Free Movement of Persons) (Amendment) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 15th August, 2025. | ||
I, JIM O’CALLAGHAN, Minister for Justice, Home Affairs and Migration, 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 2004/38/EC of the European Parliament and of the Council of 29 April 20041 , as amended by Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 20112 , hereby make the following regulations: | ||
1. These Regulations may be cited as the European Communities (Free Movement of Persons) (Amendment) Regulations 2025. | ||
2. The European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ) are amended by the substitution of the following Regulation for Regulation 24: | ||
“Notices etc. | ||
24. (1) Notices, representations in writing or documents required or authorised by these Regulations to be sent or given to the Minister or a registration officer shall be deemed to have been duly sent or given if – | ||
(a) delivered to the Minister, where the person concerned has a receipt for delivery, | ||
(b) sent by prepaid registered post, or | ||
(c) sent by electronic means in accordance with paragraph (3). | ||
(2) Where a notification is required or authorised by these Regulations to be served on or given to a person, other than the Minister, it shall be addressed to him or her and shall be served or given to him or her, as the case may be, in one of the following ways – | ||
(a) by delivering it to him or her, | ||
(b) by sending it by prepaid registered post addressed to him or her at his or her last known address or, in the case of his or her solicitor, if any, at the address of the solicitor, or, in a case in which an address for service has been furnished, at that address, or | ||
(c) in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner, by sending it by electronic means in accordance with paragraph (3). | ||
(3) A notice is sent by electronic means in accordance with this Regulation – | ||
(a) if, for the purposes of paragraph (1)(c), it is sent to an email address furnished by the Minister or a registration officer for that purpose, | ||
(b) if, for the purposes of paragraph (2)(c), it is sent to an email address that the person has furnished to the Minister or a registration officer for that purpose, or | ||
(c) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface. | ||
(4) Where a notice under these Regulations has been sent to a person in accordance with- | ||
(a) paragraph (2)(b), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and | ||
(b) paragraph (1)(c) or (2)(c), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice or document by the electronic means used. | ||
(5) In this Regulation, ‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”. | ||
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GIVEN under my Official Seal, | ||
14 August, 2025. | ||
JIM O’CALLAGHAN, | ||
Minister for Justice, Home Affairs and Migration. | ||
