National Tourism Development Authority Act 2003

PART 1 Preliminary and General

1. Short title, collective citation and collective construction.

1.—(1) This Act may be cited as the National Tourism Development Authority Act 2003.

(2) The Tourist Traffic Acts 1939 to 1998 and this Act may be cited together as the Tourist Traffic Acts 1939 to 2003, and shall be construed together as one Act.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Authority” has the meaning assigned to it by section 7;

“Companies Acts” means the Companies Acts 1963 to 2001;

“dissolved body” has the meaning assigned to it by section 37;

“establishment day” means the day appointed under section 6;

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

“material interest” shall be construed in accordance with section 2(3) of the Ethics in Public Office Act 1995;

“Minister” means the Minister for Arts, Sport and Tourism;

“subsidiary” means a subsidiary within the meaning of section 155 of the Companies Act 1963.

(2) In this Act—

(a) a reference to a Part, section or Schedule is a reference to a Part, section or Schedule of this Act, unless it is indicated that a 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 a reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended whether before or after the passing of this Act, by or under any subsequent enactment.

3. Orders.

3.—Every order (other than an order under section 5(2) or 6) under this Act shall be laid by the Minister 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 sits after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.—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.

5. Repeals.

5.—(1) The enactments specified in column (2) of Schedule 1 are hereby repealed to the extent specified in column (3) of that Schedule.

(2) The repeals effected by this section shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or enactment and different days may be so appointed for different purposes or enactments.

PART 2 National Tourism Development Authority

6. Establishment day.

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

7. National Tourism Development Authority.

7.—(1) There shall stand established, on the establishment day, a body which shall, subject to subsection (5), be known as an tÚdarás Náisiúnta Forbartha Turasóireachta or in the English language the National Tourism Development Authority (in this Act referred to as the “Authority”) to perform the functions assigned to it by this Act.

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

(3) The seal of the Authority shall be authenticated by—

(a) the signatures of 2 members of the Authority, or

(b) the signatures of both a member and a member of the staff of the Authority,

authorised by the Authority to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Authority and any document purporting to be an instrument made by, and to be sealed with the seal of, the Authority shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

(5) The Authority may, for operational purposes, describe itself as Fáilte Ireland.

8. Functions of Authority.

8.—(1) The general functions of the Authority shall be to—

(a) encourage, promote and support (either inside or outside the State)—

(i) the development of tourist traffic within and to the State,

(ii) the development and marketing of tourist facilities and services in the State,

(b) encourage, promote and support the recruitment, training, and education and development, of persons for the purposes of employment in connection with the tourism industry in the State,

(c) establish and maintain registers of hotels, guesthouses, holiday camps, holiday hostels, caravan sites, camping sites, approved holiday cottages, holiday apartments, motor hotels and youth hostels,

(d) promote and engage in research and planning in relation to any matter specified in paragraph (a), (b) or (c), either alone or in cooperation with other persons, and

(e) support, subject to section 25, such enterprises and projects relating to—

(i) the development of tourist traffic within or to the State, and

(ii) the development and marketing of tourist facilities and services in the State.

as it considers appropriate.

(2) Without prejudice to the generality of subsection (1), the Authority may—

(a) for the purposes of subsection (1)(a)—

(i) engage in advertising and sponsorship or any other form of publicity,

(ii) publish lists of registered and unregistered premises and such other tourist information as it considers appropriate, or

(iii) establish and operate tourist information offices,

(b) in relation to the recruitment, training, and education and development, of persons to whom subsection (1)(b) applies, provide financial aid (including the granting of money in respect of such recruitment, training, or education and development, to persons engaged therein),

(c) in relation to an enterprise or project to which subsection (1)(e) applies provide—

(i) financial aid (including the granting of money in respect of the enterprise or project concerned to persons engaged in the enterprise or project),

(ii) advisory or consultancy services in respect of the enterprise or project, and

(iii) training for persons employed in connection with the enterprise or project, or

(d) provide training to persons in connection with the tourism industry in the State.

(3) The Authority may provide (whether for reward or not)—

(a) advisory services in relation to tourism, or

(b) training to persons in connection with tourism,

other than tourism within or to the State.

(4) The Authority shall have all such powers as are necessary or expedient for the performance by it of its functions.

(5) The Authority shall, in the performance of its functions, have regard to policies of the Government (including policies of the Government relating to the Irish language and culture) for the time being extant.

(6) The Authority may perform any of its functions through or by any member of the staff of the Authority duly authorised in that behalf by the Authority.

9. Conferral of additional functions on Authority.

9.—(1) The Minister may, with the consent of the Minister for Finance, confer on the Authority, by order, such additional functions connected with the functions for the time being of the Authority as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.

(2) An order under this section may contain such incidental, supplemental and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

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

(b) An order under this subsection shall be made in the like manner, and its making shall be subject to the like consent, as the order that it amends or revokes.

10. Power to establish, or acquire, hold or dispose of shares in, companies.

10.—(1) For the purposes of performing any one or more of its functions, the Authority may, with the consent of the Minister and the Minister for Finance, either alone or jointly with another person, cause such one or more companies to be formed and registered under—

(a) the Companies Acts 1963 to 2001, or

(b) the laws of a place other than the State,

as it considers appropriate, whether or not the company is a subsidiary of the Authority.

(2) The Authority may, for the purposes specified in subsection (1), and with the consent of the Minister and the Minister for Finance, acquire or hold shares or any other interest in, or become a member of, a company formed and registered under—

(a) the Companies Acts 1963 to 2001, or

(b) the laws of a place other than the State.

(3) The memorandum and articles of association of a company to which subsection (1) or (2) applies shall be in such form consistent with this Act as may be determined by the Authority, with the consent of the Minister and the Minister for Finance.

(4) The Authority may dispose of shares or any other interest in a company to which this section applies.

11. Delegation of functions.

11.—(1) The Authority may, with the consent of the Minister, delegate such one or more of its functions, as it considers appropriate to—

(a) a subsidiary of the Authority,

(b) a company established and registered under the Companies Acts 1963 to 2001—

(i) that, by virtue of sections 38(1) and 42(3) and its memorandum of association, shall perform its functions in accordance with the policies and directions of the Authority,

(ii) in respect of which no alteration to its memorandum or articles of association shall, by virtue of those sections and its memorandum of association, have effect unless the Authority shall have given its prior approval thereto, and

(iii) that, by virtue of those sections and its articles of association, the members of the company shall resolve to wind up the company by special resolution where the Authority requests them to so do, or

(c) a committee established under section 23.

(2) The Authority shall, where the Minister so directs in writing, delegate such of its functions as are specified in the direction concerned to—

(a) a subsidiary of the Authority,

(b) a company to which subsection (1)(b) applies, or

(c) a committee established under section 23.

(3) The Authority may, with the consent of the Minister, delegate such of its functions under section 8(1)(a), as it considers appropriate, to Tourism Ireland Limited.

(4) The Authority shall, where the Minister so directs in writing, delegate to Tourism Ireland Limited such of its functions under section 8(1)(a) as are specified in the direction concerned.

(5) Where a delegation is made under this section—

(a) (i) the delegated person shall, in relation to a delegation other than a delegation under subsection (3) or (4), perform the function concerned under the general direction and control of the Authority, or

(ii) the delegated person shall, in relation to a delegation under subsection (3) or (4), perform the functions concerned under the general direction and control of such persons as may be specified in the delegation,

(b) the delegated person shall perform the function concerned in accordance with any limitations specified in the delegation as to the area, period in which, or extent to which he or she is to perform that function, and

(c) a provision of or under this Act or any other enactment (whether passed before or after the passing of this Act) that vests functions in the Authority or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the delegated person, with the substitution of the delegated person for the Authority.

(6) Notwithstanding subsection (5), where a delegation to a delegated person is made under this section—

(a) the Authority may, with the consent of the Minister, or

(b) the Authority shall, where the Minister so directs in writing,

in any particular case, inform the delegated person that it has decided to perform the function itself, and the function shall thereupon be performable in that case by the Authority and not the delegated person.

(7) The Authority may, with the consent of the Minister, revoke a delegation under this section.

(8) The Authority shall, where the Minister so directs in writing, revoke a delegation under this section.

(9) In this section “delegated person” means a person to whom a function of the Authority stands delegated for the time being under this section.

12. Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

(2) An agreement to which subsection (1) applies shall be subject to such terms and conditions as the Authority shall determine with the consent of the Minister.

(3) Where the Authority enters into an agreement to which subsection (1) applies references in the provisions specified in Schedule 2 that are, by virtue of section 38, to be construed as references to the Authority shall for the duration of the agreement be construed as references to the contractor.

(4) Where the Authority enters into an agreement to which subsection (1) applies references in the provisions specified in Schedule 2 that are, by virtue of section 38, to be construed as references to an officer of the Authority shall for the duration of the agreement be construed as references to a member of the staff of the contractor.

(5) The Authority may terminate an agreement under subsection (1) where the contractor concerned fails to comply with any of the terms or conditions to which the agreement is subject.

(6) Section 2 of the Tourist Traffic Act 1939 is hereby amended by the substitution of the following definition for the definition of “contractor” (inserted by section 7 of the Tourist Traffic Act 1995):

“ ‘contractor’ has the meaning assigned to it by section 12(1) of the National Tourism Development Authority Act 2003;”.

13. Directions of Minister.

13.—(1) The Minister may, in relation to the performance by the Authority of its functions, give a direction in writing to the Authority requiring it to comply with such policies of the Minister as are specified in the direction.

(2) The Minister may, by direction in writing, amend or revoke a direction under this section (including a direction under this subsection).

(3) The Authority shall comply with a direction under this section.

14. Membership of Authority.

14.—(1) The Authority shall consist of the following members that is to say—

(a) a chairperson, and

(b) 12 ordinary members.

(2) The members of the Authority shall be appointed by the Minister from among persons who in the opinion of the Minister have experience of, and expertise in relation to, matters connected with the functions of the Authority.

(3) Subject to subsection (5), the chairperson of the Authority shall hold office for such period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

(4) Subject to subsection (5), an ordinary member of the Authority shall hold office for such period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

(5) Of the members of the Authority first constituted under this section—

(a) such 4 members of the Authority as shall at a meeting held for the purposes of this subsection be selected—

(i) by unanimous agreement of the members of the Authority attending that meeting, or

(ii) where no such agreement can for whatever reason be reached, by the drawing of lots by the members of the Authority so attending,

shall hold office for a period of 3 years,

(b) such 4 members as shall at that meeting be selected in the manner specified in paragraph (a), shall hold office for a period of 4 years, and

(c) such 5 members as shall at that meeting be selected in the manner specified in paragraph (a), shall hold office for a period of 5 years.

(6) Subject to subsection (7), a member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment to the Authority.

(7) A member of the Authority who has served 2 terms of office shall not be eligible for reappointment to the Authority, and any period during which a person serves as a member of the Authority pursuant to an appointment under section 16 shall be deemed for the purposes of this subsection to be a term of office.

(8) The Minister shall, insofar as is practicable, endeavour to ensure that among the members of the Authority there is an equit able balance between men and women.

15. Conditions of office of members of Authority.

15.—(1) The Minister may at any time remove from office a member of the Authority.

(2) A member of the Authority may resign from office by notice in writing given to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

(3) A member of the Authority shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,