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DUBLIN METROPOLITAN STREETS COMMISSION ACT, 1986

Type Act
Publication 1986-11-27
Last updated 2013-12-25
State In force superseded text
Text As published
Source Irish Statute Book
articles 16

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

5 amending acts · 2013-12-25, Water Services (No. 2) Act 2013

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AN ACT TO ESTABLISH A BODY TO BE KNOWN AS THE DUBLIN METROPOLITAN STREETS COMMISSION, TO DEFINE ITS FUNCTIONS AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th November, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.— In this Act—

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;

“the Commission” means the Dublin Metropolitan Streets Commission established under section 3 of this Act;

“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

“functions” includes powers and duties;

“improvement scheme” has the meaning assigned to it by section 6 of this Act;

“the Minister” means the Minister for the Environment;

“statutory body” means—

2 Metropolitan Central Area.

2.—(1) The part of the County Borough of Dublin described in the First Schedule to this Act shall be known (and is referred to in this Act) as the Metropolitan Central Area.

3 Establishment of Dublin Metropolitan Streets Commission.

3.—(1) There shall be established, on such day as may be appointed for the purpose by the Minister by order, a body to be known as the Dublin Metropolitan Streets Commission (in this Act referred to as “the Commission”) to perform, in relation to the Metropolitan Central Area, the functions assigned to it by or under this Act.

4 Dissolution of Commission.

4.—(1) Not later than three years after the establishment of the Commission the Minister shall by order (in this section, other than subsection (5), referred to as a “dissolution order”) provide for the dissolution of the Commission.

5 General duty of Commission.

5.—It shall be the general duty of the Commission to secure in the Metropolitan Central Area by every practicable means an improvement in environmental conditions, in the level of civic amenity and in the standard of civic design, with special reference to the convenience and safety of pedestrians, the general appearance of streets and buildings (including standards of design, maintenance and cleanliness), the regulation of traffic and parking and the provision of further civic amenities.

6 Improvement schemes.

6.— (1) The Commission shall as soon as may be prepare one or more than one scheme (in this Act referred to as an “improvement scheme”) for the Metropolitan Central Area or (as may be specified in the improvement scheme) for a part of that Area.

7 Transfer of roads functions to Commission.

7.— (1) The functions of Dublin Corporation in relation to the construction, maintenance and improvement of a public road and any other functions incidental thereto under the Local Government Acts, 1925 to 1985, the Road Traffic Acts, 1961 to 1984, and under any other enactment shall stand transferred to the Commission in so far as they apply to the Metropolitan Central Area.

8 Transfer of traffic management functions to Commission.

8.—(1) In this section—

“the Act of 1961” means the Road Traffic Act, 1961;

“the Act of 1986” means the Dublin Transport Authority Act, 1986;

“the Authority” means the Dublin Transport Authority.

9 Control and prevention of litter, etc.

9.—(1) The Commission shall have, in the Metropolitan Central Area, the functions of—

10 Functions of Commission generally.

10.—(1) In addition to the functions assigned to it by sections 6 to 9 of this Act the Commission shall carry out works of amenity development and environmental improvement in order to encourage people to work, shop or otherwise to use the facilities provided in the Metropolitan Central Area.

11 Removal or alteration of structures, etc.

11.—(1) Without prejudice to the provisions of the Second Schedule to this Act, an improvement scheme under section 6 of this Act may, in the interests of the amenity and general improvement of the Metropolitan Central Area, provide for:—

12 Financial provisions.

12.—(1) Subject to subsection (2) of this section, the Minister may, in each financial year, after consultation with the Commission in relation to its programme of expenditure for the year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure of the Commission.

13 Repeal, adaptation, etc., of other enactments.

13.—(1) Where it appears to the Minister—

the Minister may, in relation to any such enactment or instrument, by order provide for—

14 Orders.

14.—The Minister may from time to time by order amend an order under this Act (including any order made under this section) and, in case the order to be so amended was made by the Minister with the consent of, or after consultation with, a Minister of the Government, the Minister shall, before making the order under this section, in addition, either (as may be appropriate) obtain the consent of or consult with that Minister of the Government.

15 Expenses.

15.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

16 Short title and commencement.

16.—(1) This Act may be cited as the Dublin Metropolitan Streets Commission Act, 1986.

FIRST SCHEDULE Description of Metropolitan Central Area

1.

In this Schedule—

“structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in or under which the structure is situate;

“thoroughfare” includes arcade, bridge, court, green, lane, place, quay, row, street, walk and yard.

2.

A reference in this Schedule to the junction of a thoroughfare with another thoroughfare shall be construed as a reference to the point at which a line drawn along the centre of the one would be intersected or joined by a line drawn along the centre of the other.

3.

The Metropolitan Central Area shall be those thoroughfares or parts of thoroughfares specified in the Table to this paragraph together with the structures and other land fronting on to those thoroughfares or parts of thoroughfares.

TABLE

Cavendish Row;

Parnell Street, from its junction with Parnell Square West to its junction with Parnell Place;

O'Connell Street Upper;

O'Connell Street Lower;

Cathal Brugha Street;

Findlater Place;

Cathedral Street;

Earl Street North;

Prince's Street North, from its junction with O'Connell Street Lower to its junction with the arcade at the rere of the General Post Office;

Sackville Place;

Abbey Street Middle, from its junction with O'Connell Street Lower to its junction with Williams Lane;

Abbey Street Lower, from its junction with O'Connell Street Lower to its junction with Marlborough Street;

Bachelors Walk, from its junction with O'Connell Street Lower to its junction with Litton Lane;

Eden Quay, from its junction with O'Connell Street Lower to its junction with Marlborough Street;

O'Connell Bridge;

Aston Quay, from its junction with Westmoreland Street to its junction with Aston Place;

Burgh Quay, from its junction with D'Olier Street to its junction with Hawkins Street;

Westmoreland Street;

D'Olier Street;

Fleet Street from its junction with Aston Place to its junction with D'Olier Street;

College Street;

College Green;

Foster Place South;

Church Lane;

Suffolk Street;

Grafton Street;

Nassau Street, from its junction with Grafton Street to its junction with Dawson Street;

Wicklow Street, from its junction with Grafton Street to its junction with Clarendon Street;

The arcade between number 13 and number 14 Grafton Street;

Duke Street;

Duke Lane;

Duke Lane Upper;

Lemon Street;

Anne Street South;

Anne's Lane;

Johnson Court;

Harry Street;

Swan Yard;

Balfe Street;

Chatham Lane;

Chatham Street, from its junction with Grafton Street to its junction with Clarendon Street; and

Tangier Lane.

SECOND SCHEDULE Provisions relating to an improvement scheme

1.

An improvement scheme shall consist of a written statement and visual display indicating the manner in which the Commission considers that the Metropolitan Central Area should be improved and renewed and, in particular, may indicate—

2.

An improvement scheme may contain in relation to the Metropolitan Central Area—

3.

In preparing an improvement scheme the Commission shall—

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