National Sports Campus Development Authority Act 2006

PART 1 Preliminary and General

1. Short title.

1.— This Act may be cited as the National Sports Campus Development Authority Act 2006.

2. Interpretation.

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

“Authority” means National Sports Campus Development Authority established by section6;

“Chief Executive” has the meaning assigned to it by section13;

“a committee” means a committee established under section11;

“company” has the meaning it has in the Companies Act 1963;

“the Company” means Campus and Stadium Ireland Development Limited;

“the establishment day” means the day appointed under section5;

“financial year of the Authority” means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Authority, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

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

“National Aquatic Centre” means the land owned by the Company commonly known as the National Aquatic Centre situated at Deanstown, in the county of Dublin;

“the site” means—

(a) the National Aquatic Centre,

(b) the land owned by the Minister for Agriculture and Food and described in Schedule 1, and

(c) any land acquired by the Authority under section6or31;

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

(2) In this Act, references to a member, or the members, of the staff of the Authority shall, except in sections14,15 and 18, include references to the Chief Executive.

3. Orders and regulations.

3.— Every order (other than an order made under section5 or an acquisition order, or a vesting order, within the meaning of Schedule 2) and regulation made by the Minister under this Act 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 or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation 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 and the expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

PART 2 National Sports Campus Development Authority

5. Establishment day.

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

6. Establishment of Authority.

6.— (1) On the establishment day there shall stand established a body, to be known as Údarás Forbartha an Champais Náisiúnta Spórt or, in the English language, the National Sports Campus Development Authority, to perform the functions conferred on 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, with the approval of the Minister given with the consent of the Minister for Finance, shall have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

7. Functions of Authority.

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

(a) develop a sports campus on the site,

(b) furnish and equip the sports campus with such plant, machinery, equipment and apparatus as it considers appropriate,

(c) manage, operate and maintain the sports campus, and

(d) encourage and promote the use of the sports campus by persons participating in sport at professional and amateur levels and by members of the public generally.

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

(a) develop and provide on the site such facilities and services of a commercial nature complementary to the sports campus, including residential accommodation, as it considers appropriate,

(b) arrange with any educational institution or other body that is interested in the development of medical and research facilities for sport on the site and, if appropriate, elsewhere for the development of such facilities on such terms and conditions as the Authority considers appropriate,

(c) arrange with a body involved in the promotion of sport at a national level for the use by the body, on such terms and conditions as the Authority considers appropriate, of the site, or a part of it, for a purpose connected with sport including the location of the body’s headquarters there, and

(d) make arrangements with any person, on such terms and conditions as it considers appropriate, for the provision to it by that person of financial assistance (whether by way of the provision of funds or the undertaking of works) for the development or provision of any facilities or services or both in the sports campus and the use by that person of those facilities and services.

(3) The Authority shall prepare and submit to the Minister for his or her approval a plan for the development of a sports campus on the site which shall specify particulars of the following:

(a) the facilities and services to be developed on the site;

(b) the reasons for including each facility and service in the plan;

(c) the cost and timetable for the development of those facilities and services; and

(d) the phases of development of the sports campus.

(4) The Authority may amend the plan prepared by it under subsection(3) from time to time during the development of the sports campus on the site and shall submit the plan as so amended for approval by the Minister.

(5) The Authority shall, before the commencement of each phase of development of the sports campus on the site specified in the plan approved by the Minister under subsection(3) or (4), prepare and submit to the Minister for his or her approval a detailed plan in respect of that phase of development specifying particulars of the following:

(a) the facilities and services to be developed on the site during that phase;

(b) the cost of that phase; and

(c) the timetable for the development of that phase.

(6) The Authority shall, in preparing or amending a plan for submission to the Minister for his or her approval under subsection(3), (4) or (5), consult with the Irish Sports Council and such bodies involved in the promotion of sport at a national level as it considers appropriate.

(7) The Minister may approve, with such modifications (if any) as he or she considers appropriate, a plan submitted to him or her by the Authority under subsection(3), (4) or (5).

(8) The Minister for Agriculture and Food shall, when so directed by the Government, convey all the estate and interest of that Minister of the Government in the land described in Schedule 1, or the part of it specified in the direction, to the Authority but subject to all trusts and equities affecting that land subsisting and capable of being performed and, pending such conveyance, that Minister of the Government consents to the development of that land, or that part of it, by the Authority in accordance with this Act.

(9) In this section “sports campus” means a campus of facilities for sporting activities, whether indoor or outdoor, and facilities and services to support such activities, which includes the National Aquatic Centre and may include an indoor arena, playing pitches, sports training facilities, a football stadium, administrative facilities for sport and medical and research facilities for sport.

8. Powers of Authority.

8.— (1) Subject to this Act, the Authority shall have all such powers as are necessary or expedient for the performance of its functions.

(2) The Authority may, with the approval of the Minister, enter into agreements with other persons in order to perform the functions of the Authority whether by means of a lease, concession or any other means.

(3) The Authority may accept gifts of money, land or other property on such trusts, terms and conditions (if any) as may be specified by the donor so long as such trusts, terms or conditions relating to such gifts are not inconsistent with the functions of the Authority and are consistent with Government accounting procedures.

(4) The Authority may make such charges as it considers appropriate, to any person other than the Minister, in consideration of the performance of its functions, for services rendered by it and the carrying on by it of activities and shall record receipts from such charges as income.

(5) The Authority may recover as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable any amount due and owing to it under this section.

(6) The Authority may, subject to any direction that may be given to it by the Minister from time to time, engage consultants or advisers.

9. Membership of Authority and terms and conditions of membership.

9.— (1) The Authority shall consist of the following members:

(a) a chairperson; and

(b) 12 ordinary members.

(2) A member of the Authority shall be appointed by the Minister and shall be a person who, in the opinion of the Minister, has experience of or shown capacity in matters relevant to the functions of the Authority.

(3) The Minister shall, insofar as practicable and having regard to the relevant experience of the persons concerned, ensure an equitable balance between men and women in the composition of the Authority.

(4) The chairperson shall hold office for a period of 5 years from the date of his or her appointment.

(5) The persons who are first appointed to be ordinary members of the Authority shall hold office as follows:

(a) four of such members shall hold office for the period of 3 years from the date of their appointment;

(b) four of such members shall hold office for the period of 4 years from the date of their appointment; and

(c) the remaining members shall hold office for the period of 5 years from the date of their appointment.

(6) The members of the Authority who are to hold office for the periods specified in paragraphs(a) and (b) of subsection(5) shall be decided by lot to be drawn in such manner as may be decided by the Minister.

(7) Subject to subsection(5), a person who is appointed pursuant to this section to be an ordinary member of the Authority shall hold office for the period of 5 years from the date of his or her appointment.

(8) Notwithstanding subsections(5) to (7), an ordinary member of the Authority appointed under subsection (2) shall, unless he or she sooner dies, becomes disqualified for, resigns or is removed from office, hold office until the Minister appoints a person to replace that person as such a member of the Authority.

(9) Subject to section12, a member of the Authority shall hold office on such other terms and conditions as the Minister may determine.

(10) A person shall be disqualified for holding and shall cease to hold office as a member of the Authority or a committee if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted of an offence involving fraud or dishonesty, whether or not in connection with a company,

(d) is convicted of an indictable offence in relation to a company,

(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act, or

(f) has a conflict of interest of such significance that, in the opinion of the Minister, requires that he or she should not hold or should cease to hold such office.

(11) A member of the Authority may at any time resign from office by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Minister whichever is later.

(12) The Minister may at any time remove a member of the Authority from office if, in the opinion of the Minister—

(a) the member has become incapable through ill health of effectively performing the duties of the office,

(b) the member has committed stated misbehaviour, or

(c) the removal appears to be necessary for the effective performance of the functions of the Authority.

(13) If a member of the Authority dies, becomes disqualified for, resigns or is removed from office, the Minister may appoint a person to be a member of the Authority to fill the resultant casual vacancy.

(14) A person appointed to be a member of the Authority under subsection(13)shall hold office for the remainder of the term of office of the member of it who occasioned the casual vacancy.

(15) A member of the Authority who has served 2 consecutive terms as such a member shall not be eligible for reappointment.

(16) For the purposes of subsection(15), a person who occasions or fills a casual vacancy shall be considered to have served a term as a member of the Authority even though he or she held office for part only of the term.

(17) Subject to section10(3), the Authority may act notwithstanding one or more vacancies in its membership.

10. Meetings and procedure.

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

(2) The Minister may, in consultation with the chairperson of the Authority, fix the date, time and place of the first meeting of the Authority.

(3) The quorum for a meeting of the Authority is 5.

(4) At a meeting of the Authority—

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

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

(5) Each member of the Authority (including the chairperson of it) present at a meeting of the Authority shall have a vote.

(6) At a meeting of the Authority, a question on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a casting vote.

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

11. Committees.

11.— (1) The Authority may establish committees to assist and advise it on matters relating to any of its functions.

(2) A committee shall consist of a chairperson and such number of other members as the Authority may determine and may include persons who are not members of the Authority or its staff.

(3) The chairperson and other members of a committee shall be appointed by the Authority.

(4) A member of a committee may be removed at any time from membership of the committee by the Authority.

(5) The Authority may at any time dissolve a committee.

(6) The Authority may regulate the procedure and business of a committee but, subject to any such regulation, a committee may regulate its own procedure and business.

(7) A committee may act notwithstanding one or more vacancies in its membership.

12. Remuneration and expenses of members of Authority and committees.

12.— A member of the Authority or a committee shall be paid by the Authority, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may from time to time, with the consent of the Minister for Finance, determine.

13. Chief Executive.

13.— (1) There shall be a chief executive officer of the Authority who shall be known, and is referred to in this Act, as the Chief Executive.

(2) The Chief Executive shall be appointed by the Authority with the approval of the Minister and may, with the approval of the Minister, be removed from office for stated reasons by the Authority.

(3) The Chief Executive shall carry on, manage and control generally the administration and business of the Authority and shall perform such other functions (if any) as may be determined by the Authority.

(4) The Chief Executive—

(a) shall hold office under a contract of service in writing for such period as may be specified in the contract and subject to such other terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined from time to time by the Authority with the approval of the Minister given with the consent of the Minister for Finance and are so specified, and

(b) shall be paid out of moneys at the disposal of the Authority.

(5) The Chief Executive shall not be a member of the Authority or a committee, but he or she may, in accordance with procedures established by the Authority or a committee, as the case may be, attend meetings of the Authority or a committee and shall be entitled to speak at and advise such meetings.

(6) The Chief Executive shall not hold any office or occupy any other position in respect of which emoluments are payable, or carry on any business, without the consent of the Authority and the approval of the Minister.

(7) A person who was the Chief Executive shall not, for a period of 12 months following his or her resignation, removal or retirement from office, hold any office or employment or act as a consultant where he or she is likely to use or disclose information acquired by him or her in the performance of his or her functions as Chief Executive.

14. Staff of Authority.

14.— (1) Subject to section33, the Authority may, with the approval of the Minister given with the consent of the Minister for Finance—