STATE AUTHORITIES (DEVELOPMENT AND MANAGEMENT) ACT, 1993

Type Act

Publication 1993-02-18

Last updated 1996-03-06

State In force superseded text

Text As published

Source Irish Statute Book

articles 4

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.

1 amending act · 1996-03-06, COMMISSIONERS OF PUBLIC WORKS (FUNCTIONS AND POWERS) ACT, 1996

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AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE POWERS OF STATE AUTHORITIES. [18th February, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

1 Definitions.

“the Commissioners” means the Commissioners of Public Works in Ireland;

“the Minister” means the Minister for Finance;

“State authority” means any authority being—

(a) a Minister of the Government, or

(b) the Commissioners.

2 Powers of State authorities.

2.—(1) A State authority shall have, and be deemed always to have had, power—

(a) to carry out, or procure the carrying out of, development,

(b) to maintain, manage, repair, improve, alter, enlarge, reduce in size, remove or otherwise deal with buildings or structures or other works or property of, or provided under paragraph (a) of this subsection by, a State authority,

(c) to procure the maintenance, management, repair, improvement, alteration, enlargement, reduction, removal or dealing aforesaid,

(d) to supply goods, and to provide services, whether upon payment or free of charge.

(2) A State authority shall have, and be deemed always to have had, all such incidental, supplemental, ancillary and consequential powers as, in the opinion of the authority, are necessary or expedient for the purposes of the exercise by it of the powers aforesaid.

(3) If, because of any or all of its provisions, subsections (1) and (2) of this section would, but for the provisions of this subsection, conflict with the constitutional rights of any person, the provisions of those subsections shall be subject to such limitations as are necessary to secure that they do not so conflict but shall otherwise be of full force and effect.

(4) The powers referred to in subsections (1) and (2) of this section and conferred on a State authority (other than the Minister) shall be exercisable after the passing of this Act only with the consent (which may be general or particular) of the Minister.

(5) The powers referred to in subsections (1) and (2) of this section are not in substitution for any other powers standing conferred on a State authority immediately before the passing of this Act.

(6) In this section “development” means the carrying out of any works on, in or under land or the making of any material change in the use of any structures or other land.

3 Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas and the expenses incurred by a Minister of the Government other than the Minister shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

4 Short title.

4.—This Act may be cited as the State Authorities (Development and Management) Act, 1993.

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