Authorisation Letter (Ireland)

An Authorisation Letter in Ireland gives written permission for a specific act and records the scope and limits of the consent provided.

Authorisation letters in Ireland operate within the general law of agency, which is derived from the common law and supplemented by statute. The general principle is that a principal may authorise an agent to act on their behalf, and the agent's acts within the scope of that authority bind the principal. The agent owes the principal duties of loyalty, care, and obedience, and must act within the limits of the authority granted. If the agent acts outside the scope of their authority, the principal is not bound by those acts — unless the third party dealing with the agent was reasonably entitled to assume the agent had the necessary authority (apparent authority).

An authorisation letter is appropriate for straightforward, limited-scope tasks and is a less formal instrument than a Power of Attorney. A Power of Attorney is a legal instrument formally conferring authority on an attorney-in-fact and, for an Enduring Power of Attorney (EPA), must comply with the formalities of the Assisted Decision-Making (Capacity) Act 2015 — including registration with the Decision Support Service (DSS). An authorisation letter, by contrast, does not require registration or specific legal formalities for most everyday purposes.

Common uses for an authorisation letter in Ireland include: authorising a family member or trusted friend to collect official documents from a government office (such as the Department of Social Protection, Revenue, or the Property Registration Authority); authorising a person to act on your behalf at a one-off meeting, appointment, or transaction; granting permission to a third party to access or receive information held by an institution (subject to GDPR and Data Protection Act requirements); authorising a person to sign for deliveries or parcels on your behalf; or granting limited authority to deal with a specific utility company, insurance company, or service provider.

For banking and financial matters, Irish financial institutions have their own specific requirements for third-party mandates, and a simple letter may not suffice. For medical decisions, the Assisted Decision-Making (Capacity) Act 2015 requires specific statutory instruments. An authorisation letter should always state the scope and duration of the authority clearly to avoid misuse or dispute.

In Irish practice, the scope of authority conferred by an authorisation letter is construed strictly — the authorised person can only do what the letter expressly permits, and the third party dealing with them is entitled to rely on the letter only to the extent of its express terms. Where the authorised person exceeds the scope of their authority, the principal (the authorising party) is not bound by those acts, unless the third party was reasonably entitled to assume the authority existed (the doctrine of apparent or ostensible authority under the common law of agency). It is therefore essential that the authorisation letter is drafted with sufficient precision to cover all the tasks the authorised person needs to perform, without being so broad as to create unintended authority.

An Irish Authorisation Letter is needed whenever you wish to formally delegate authority to another person to act on your behalf for a specific purpose, and a simple written letter is sufficient for the third party's requirements.

You need an Authorisation Letter when you are: unable to attend in person to collect documents, attend a government office, or complete a transaction, and wish to send a trusted person on your behalf; authorising a family member, friend, or colleague to deal with a specific organisation (such as a utility company, an insurance provider, or Revenue) on your behalf for a defined purpose; granting a business colleague or employee authority to collect, sign for, or deliver documents on your behalf; authorising a person to access information held about you by a third party (such as a medical record, a government record, or an account statement) in compliance with GDPR consent requirements under Article 6(1)(a) of the General Data Protection Regulation; travelling abroad and wishing to authorise someone to manage a specific task in Ireland in your absence; acting as a company officer and wishing to delegate authority to a specific employee or agent for a defined transaction; or authorising a parent, guardian, or carer to act on behalf of a child or other person in a routine, non-medical context.

An authorisation letter is most appropriate where the scope of authority is limited, the task is specific and time-bound, and the third party to whom the letter is addressed is willing to accept a letter (rather than a formal Power of Attorney or a bespoke mandate). Before preparing an authorisation letter, it is always advisable to check with the relevant institution or organisation what format they will accept — some bodies (including certain banks, court offices, and government departments) require specific forms or a more formal instrument.

For significant or ongoing authority — such as managing all financial affairs, making healthcare decisions, or representing a party in litigation — an Enduring Power of Attorney (EPA) under the Assisted Decision-Making (Capacity) Act 2015, which fully commenced on 26 April 2023, is more appropriate than a simple authorisation letter. EPAs under the 2015 Act must be registered with the Decision Support Service (DSS) to take effect, and the formalities include execution before a solicitor and a registered medical practitioner. For businesses, a formal mandate or board resolution under the Companies Act 2014 is the appropriate instrument for delegating significant corporate authority.

Practically speaking, many Irish government departments and agencies publish their own prescribed forms for authorising a third party to act on a person's behalf. Revenue has specific online agent authorisation procedures through the myAccount and ROS (Revenue Online Service) portals under the Taxes Consolidation Act 1997. The Department of Social Protection has specific consent forms for authorising access to records held under the Social Welfare Acts. The Property Registration Authority (PRA) has its own requirements for third-party authorisation in relation to Land Registry dealings under the Registration of Title Act 1964. Before drafting a general authorisation letter, always check whether the relevant institution has its own prescribed form, as using the correct form reduces the risk of rejection and confirms all required information is included. For use abroad, the authorisation letter may need to be apostilled by the Department of Foreign Affairs under the Hague Apostille Convention 1961, to which Ireland is a contracting state.

Under Irish law, the Data Protection Act 2018 and GDPR Article 6 govern personal data in this document. The Consumer Rights Act 2022 protects individuals in consumer transactions. Section 67 of the Land and Conveyancing Law Reform Act 2009 applies to personal property matters. The Circuit Court and District Court have jurisdiction over personal disputes under the Courts (Supplemental Provisions) Act 1961. The Commissioners of Irish Lights and Revenue Commissioners may have compliance roles depending on the transaction type.

The scope limitation clause specifies any restrictions on the authority granted — for example, limiting the authorised person to specific acts, specific time periods, or specific monetary limits. A clearly limited scope reduces the risk of the authorised person exceeding their authority and protects the principal from unintended liability. The revocation clause specifies how the authorisation can be revoked — typically by written notice to the authorised person and (where the authorisation has been registered or notified to third parties) to those third parties. For authorisations relating to financial transactions or property, the revocation should be made in writing and notified to all relevant third parties as soon as possible. The data protection clause addresses the GDPR implications — confirming that the principal consents to the authorised person collecting and processing personal data on their behalf for the stated purposes, and that any personal data accessed is processed only as necessary and in compliance with the GDPR and the Data Protection Acts 1988 to 2018. The liability clause addresses who bears responsibility if the authorised person acts outside the scope of their authority or causes loss to the principal or third parties through their actions. Under the general law of agency in Ireland, a principal is bound by acts done by an agent within the scope of their actual or apparent authority. The governing law clause confirms that the authorisation letter is governed by Irish law and that disputes are subject to the jurisdiction of the Irish courts. For authorisations intended to be used in other jurisdictions, it may be necessary to have the letter apostilled by the Department of Foreign Affairs in Ireland for use in Hague Convention countries, or legalised through the relevant embassy for countries that are not party to the Hague Apostille Convention.

The scope limitation clause specifies any restrictions on the authority granted — for example, limiting the authorised person to specific acts, specific time periods, or specific monetary limits. A clearly limited scope reduces the risk of the authorised person exceeding their authority and protects the principal from unintended liability. Under the general law of agency in Ireland, a principal is bound by acts done by an agent within the scope of their actual or apparent authority — so limiting the scope in writing is an important protection. The revocation clause specifies how the authorisation can be revoked — typically by written notice to the authorised person and (where the authorisation has been notified to third parties) to those third parties as well. The data protection clause addresses the GDPR implications — confirming that any personal data accessed by the authorised person on the principal's behalf is processed only as necessary and in compliance with the GDPR and the Data Protection Acts 1988 to 2018. The liability clause addresses who bears responsibility if the authorised person acts outside the scope of their authority or causes loss to the principal or third parties. The governing law clause confirms that the authorisation letter is governed by Irish law and that disputes are subject to the jurisdiction of the Irish courts. For authorisations intended to be used in other jurisdictions, it may be necessary to have the letter apostilled by the Department of Foreign Affairs in Ireland for use in Hague Convention countries. The forms-legal.com Authorisation Letter (Ireland) template covers the mandatory elements under Sale of Goods and Supply of Services Act 1980.