Ordnance Survey Ireland Act 2001

1 Interpretation.

1.—(1) In this Act—

“Board” means Board of Ordnance Survey Ireland;

“company” means a company established under the Companies Acts, 1963 to 2001;

“establishment day” means the day appointed by the Minister under section 2 to be the establishment day;

“functions” includes powers and duties, and references to the performance of functions includes, as respects powers and duties, reference to the exercise of the powers and the performance of the duties;

“local authority” has the meaning assigned to it by the Local Government Act, 1941;

“Minister” means Minister for Finance;

“OSI” means Ordnance Survey Ireland established by section 3;

“subsidiary” means a company established under section 7;

“superannuation benefits” means pensions, gratuities and other allowances payable on or in respect of resignation, retirement or death.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

2 Establishment day.

2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Ordnance Survey Ireland.

3.—(1) There shall stand established on the establishment day a body to be known as Ordnance Survey Ireland, or in the Irish language as Suirbhéireacht Oidanáis Éireann, and in this Act referred to as OSI.

(2) OSI shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

4 Functions of OSI.

4.—(1) The general function of OSI is to provide a national mapping service in the State. In this regard it shall operate in the public interest by creating and maintaining the definitive national mapping and related geographic records of the State.

(2) OSI's functions shall include all such tasks as are necessary to fulfil its general function including, but without prejudice to the foregoing, the following:

(a) to maintain and develop the underlying physical infrastructure which is needed to support mapping applications, including to maintain a national grid and the national geodetic and height frameworks and to link these to international systems,

(b) to create and maintain for the entire State mapping and related geographic databases which have national consistency of content, currency, style and manner including those areas which do not provide a commercial return on the activity,

(c) to provide mapping and related geographic information to the public and private sectors in support of social, economic, legislative, educational, security, business and administrative functions and requirements,

(d) to encourage and promote the benefits of the use of the national mapping and related databases and the development of products, services and markets to meet national and user needs,

(e) to advise the Government, a Minister of the Government, a body established by or under statute and other public sector organisations on matters relating to the policy and practice of survey, mapping and geographic information and on the development of national spatial data infrastructures,

(f) to represent the State at international level on matters relating to mapping and geographic information,

(g) to provide the necessary technical support to the Chief Boundary Surveyor in the performance of his or her duties in delimiting statutory boundaries and the delineation of such boundaries on maps,

(h) to depict place-names and ancient features in the national mapping and related records and databases including the Irish language equivalent of place-names as advised by An Coimisiún Logainmneacha and declared in place-names orders made under section 2 of the Place-Names (Irish Forms) Act, 1973,

(i) to protect the Government copyright on OSI records, databases, products and published material including copyright on OSI records, databases, products and published material made prior to the establishment day.

(3) OSI shall—

(a) conduct its affairs so as to ensure that revenues (including moneys provided by the Oireachtas) of OSI are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate its capital, pay interest on and repay borrowings,

and

(b) conduct its business at all times in a cost effective and efficient manner.

(4) OSI shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

5 Ministerial directions.

5.—(1) The Minister may give in writing to OSI general policy directions in respect of the performance of its functions under this Act.

(2) OSI shall comply with any direction given to it under subsection (1).

6 Conferring of additional functions on OSI.

6.—(1) The Minister may, after consultation with OSI and any other Minister of the Government who in the opinion of the Minister is concerned, by order—

(a) confer on OSI, such additional functions connected with the functions for the time being of OSI or the services or activities that OSI is authorised to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities or other international convention or agreement to which the State is or becomes a party, in relation to mapping) as the Minister considers appropriate, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on OSI of functions under this section or the performance by OSI of functions so conferred (including provision for the transfer to OSI of any property held by the Minister for the purposes of functions conferred on OSI under this section).

(2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

7 Establishment of companies by OSI.

7.—(1) OSI may, either by itself or with another person, with the consent of the Minister, and subject to any conditions of the Minister, promote and take part in the formation or establishment of a company (referred to in this section as a “subsidiary”) to perform any of the functions conferred upon it by this Act.

(2) OSI may exercise total or partial control of the board of directors, by whatever name called, of a company that controls or manages the subsidiary.

(3) The memorandum and articles of association of a subsidiary shall be in such form consistent with this Act as may be approved of by OSI.

(4) A subsidiary shall make such reports and in such manner to OSI as it may require.

(5) A subsidiary may enter into joint ventures with other persons.

(6) The chief officer of a subsidiary shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the board of directors (or other authority, by whatever name called, that controls any such company).

8 OSI may acquire, etc., shares in, and become member of, company.

8.—OSI may, with the consent of the Minister, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

9 Borrowing by OSI.

9.—(1) Subject to the consent of the Minister, OSI or any subsidiary may, whether by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes, including working capital, from persons other than the Minister.

(2) OSI or any subsidiary may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate at any one time of such borrowings shall not exceed such amount as has been approved by the Minister.

(3) For the purposes of this section moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange at the time of the borrowing for that currency and the currency of the State.

10 Powers of OSI to enter lands.

10.—(1) A member of the staff of OSI may, at all reasonable times, enter on any land or premises and there make such inquiries, investigations and examinations as he or she thinks proper for the purpose of the performance of any of the functions conferred on OSI by this Act.

(2) A member of the staff of OSI shall not, other than with the consent of the occupier, enter a private dwelling or its curtilage, unless he or she has obtained a warrant from the District Court under subsection (6) authorising such entry.

(3) Where a member of the staff of OSI in the exercise of his or her powers under this section is prevented from entering any land or premises an application may be made under subsection (6) authorising such entry.

(4) For the purpose of the exercise or performance of any of the functions conferred on it under this Act, OSI may place or cause to be placed on any land or premises survey marks for the purpose of supporting the national grid and geodetic and height frameworks.

(5) A member of the staff of OSI, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any functions conferred on him or her by this Act.

(6) If a judge of the District Court is satisfied on the sworn information of a member of the staff of OSI that OSI requires to make such inquiries, investigations and examinations, as it thinks proper, for the purpose of the performance of any of the functions conferred on OSI by this Act, on any land or premises (including the curtilage of any premises), the judge may issue a warrant authorising a member of the staff of OSI accompanied by other persons at any reasonable time or times, within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the land (if needs be through any premises) or premises and carry out such inquiries, investigations and examinations.

(7) An application under subsection (6) shall be made to a judge of the District Court for the district court area in which the land or premises is situated.

(8) A person who obstructs or impedes a member of the staff of OSI in the exercise of his or her powers under this section is guilty of an offence.

(9) A person who intentionally destroys or removes a survey mark of OSI is guilty of an offence.

(10) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13).

11 Membership of Board of OSI and term of office of members.

11.—(1) There shall be a Board of OSI.

(2) Members of the Board shall be appointed by the Minister.

(3) The Board shall consist of a chairperson and not less than 4 and not more than 9 ordinary members.

(4) A member of the Board shall not be eligible for re-appointment if he or she has served two consecutive terms as a member of the Board.

(5) The Minister, when appointing an ordinary member of the Board, shall fix such member's period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister determines.

(6) Such number, as decided by the Minister, of the first ordinary members of the Board appointed under subsection (2) shall hold office for a period not exceeding 4 years from the date of their appointment as determined by the Minister by lot.

(7) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

(8) A member of the Board shall be paid out of funds at the disposal of OSI—

(a) such remuneration (if any) as may be fixed from time to time by the Minister, and

(b) such amounts in respect of expenses (if any) as the Minister may determine.

(9) A member of the Board may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(10) (a)If a member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy.

(b)Subject to the other provisions of this section, a person appointed to be a member of the Board by virtue of paragraph (a) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment for one further consecutive term as a member of the Board.

(11) A member of the Board shall cease to hold and shall be disqualified from holding office if he or she is—

(a) adjudged bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company.

12 Chairperson of Board.

12.—(1) The Minister shall designate one member of the Board as chairperson.

(2) The term of office of the chairperson of the Board shall be 5 years.

(3) Where the chairperson of the Board ceases during his or her term of office as chairperson to be a member of the Board, he or she shall also then cease to be chairperson of the Board.

(4) The chairperson of the Board may at any time resign his or her office as chairperson by letter sent to the Minister, and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Board held next after the Board has been informed by the Minister of the resignation.

(5) The chairperson of the Board shall, unless he or she sooner dies, resigns office of chairperson, or ceases to be chairperson under subsection (3) or (4), hold office until the expiration of his or her period as a member of the Board.

13 Meetings and procedures of Board.

13.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of the Board.

(3) At a meeting of the Board—

(a) the chairperson of the Board shall, if present, be chairperson of the meeting, and

(b) if and so long as the chairperson of the Board is not present or if the office of the chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting.

(4) At a meeting of the Board, each member of the Board present shall have a vote and every question shall be determined by a majority of votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(5) The Board may act notwithstanding one or more vacancies among its members.

(6) Subject to this Act, the Board shall regulate by standing orders or otherwise, the procedure and business of the Board.

(7) The quorum of the Board shall be fixed by the rules made under the foregoing subsection, but—

(a) it shall not be less than 5, and

(b) until it is so fixed, it shall be 5.

14 Chief executive officer.

14.—(1) The Board shall appoint a chief executive officer of OSI subject to the approval of the Minister.

(2) The chief executive officer shall be known, and in this Act referred to, as the chief executive officer.

(3) The chief executive officer shall manager and control generally the staff, administration and business of OSI and perform such other functions as may be conferred on him or her by or under this Act or determined by the Board. He or she shall advise the Board in relation to the performance of the functions of OSI and shall make any proper proposals to the Board on any matter relating to the activities of OSI.

(4) The chief executive officer shall be responsible to the Board for the performance of his or her functions and the implementation of the Board's policies.

(5) The chief executive officer shall provide the Board with such information, including financial information, in relation to the performance of his or her functions as the Board may from time to time require.

(6) Such of the functions of the chief executive officer as from time to time may be specified by him or her may, with the consent of the Board, be performed by such member of the staff of OSI as may be authorised by the chief executive officer.

(7) The functions of the chief executive officer may be performed in his or her absence or when the position of chief executive officer is vacant by such member of the staff of OSI as may from time to time be designated for that purpose by the Board.

(8) The chief executive officer shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Board with the consent of the Minister. The chief executive officer may be removed from his or her position at any time by the Board, with the consent of the Minister.