Legalize / Ireland / Act

Dublin Transport Authority Act 2008

Type Act

Publication 2008-07-16

Last updated 2023-07-17

State In force

Source Irish Statute Book

articles 122

Reform history JSON API

PART 1 Preliminary and General

1. Short title.

1.— This Act may be cited as the Dublin Transport Authority Act 2008.

2. Definitions.

2.— In this Act—

“Act of 1950” means Transport Act 1950;

“Act of 1958” means Transport Act 1958;

“Act of 1961” means Road Traffic Act 1961;

“Act of 1986” means Transport (Re-organisation of Córas Iompair Éireann) Act 1986;

“Act of 1993” means Roads Act 1993;

“Act of 1997” means Dublin Docklands Development Authority Act 1997;

“Act of 2000” means Planning and Development Act 2000;

“Act of 2001” means Transport (Railway Infrastructure) Act 2001;

“Act of 2002” means Planning and Development (Amendment) Act 2002;

“Act of 2005” means Grangegorman Development Agency Act 2005;

F1["Act of 2009" meansPublic Transport Regulation Act 2009;

"ancillary public passenger transport service" means passenger transport services of general economic interest provided to the public on a non-discriminatory and continuous basis that are not either a rail passenger service or a public bus service;]

“authorised officer” means a person appointed under section 78 as an authorised officer of the Authority;

“Authority” means Dublin Transport Authority established under section 9;

“bus” means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver);

“Bus Éireann” means Bus Éireann-Irish Bus;

“bus stop” means a designated stopping place at which passengers may board or alight from buses;

“busway” has the meaning assigned to it by section 44(1) of the Act of 1993;

“car” means a mechanically propelled vehicle which is not an omnibus (within the meaning of the Act of 1961) bus or a bicycle or tricycle;

“CIÉ” means Córas Iompair Éireann;

“Commissioner” means Commissioner of the Garda Síochána;

“company” means company (within the meaning of the Companies Acts);

“cycleway” has the meaning assigned to it by section 68(1) of the Act of 1993;

“DTO” means Dublin Transportation Office;

“Dublin Bus” means Bus Átha Cliath-Dublin Bus;

“GDA” means Greater Dublin Area;

“Greater Dublin Area” has the meaning assigned to it by section 3;

“integrated implementation plan” is to be read in accordance with section 13;

“interchange facilities” means infrastructure or premises which facilitate transport users using different modes of transport, including but not limited to park and ride facilities and facilities that allow for the stopping, parking or standing of taxis, cycles, motor cycles, buses, trains and cars in order to facilitate users of one mode of transport transferring to another mode;

“Irish Rail” means Iarnród Éireann-Irish Rail;

“land” has the meaning assigned to it by the Act of 2000;

“light railway” means a railway designated as a light railway in a railway order made under the Act of 2001;

F2["local authority" has the meaning assigned to it by theLocal Government Act 2001, other than in the context of the exercise of functions under the Act of 2003 where it has the meaning in section 2(1) of that Act.]

“mechanically propelled vehicle” has the meaning assigned to it by the Act of 1961;

“metro” means a railway designated as a metro in a railway order made under the Act of 2001;

“Minister” means Minister for Transport;

F3[…]

“NRA” means National Roads Authority;

“prescribe” means prescribe by regulations;

“private car” means a car which is not used for reward or to ply for hire;

“public bus service” means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that—

(a) the service is provided on a regular and scheduled basis,

(b) each journey is open to use by members of the public,

(c) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and

(d) a charge or charges are paid in respect of each passenger, and

is not a bus service solely for carrying children to or from school;

F4["public passenger transport service" means—

(a) a rail passenger service,

(b) a public bus service, or

“public road” has the meaning assigned to it by the Act of 1993;

“public transport authority” means CIÉ, Irish Rail, Bus Éireann, Dublin Bus, the RPA or a road authority;

F5["public transport infrastructure" means infrastructure constructed or provided, or proposed to be constructed or provided, in connection with the provision of public passenger transport services, which includes but is not limited to railway infrastructure, metro railway infrastructure, light railway infrastructure, bus infrastructure, rolling stock, buses, busways, bus lanes, bus garages, cycleways, cycle and pedestrian facilities, interchange facilities or such other class of infrastructure, facility, building or vehicle, whether of the same kind as the aforementioned or not, which the Authority has prescribed to be public transport infrastructure undersection 44(13);]

F4["public transport operator" means—

(a) Irish Rail, BusÉireann, Dublin Bus or the RPA,

(b) a person providing public passenger transport services under a contract with the RPA,

(d) a person operating a passenger road service in accordance with a passenger licence granted under theRoad Transport Act 1932, or

F5[(e) a person providing a public bus passenger service in accordance with a licence granted under the Act of 2009;]]

“rail passenger service” means a passenger transport service of general economic interest provided by rail to the public on a non-discriminatory and scheduled basis;

“railway infrastructure” has the meaning assigned to it by the Act of 2001;

“regional authority” means a body established in accordance with section 43 of the Local Government Act 1991;

“road” has the meaning assigned to it by the Act of 1993;

“road authority” has the meaning assigned to it by the Act of 1993 and, except where otherwise specified, refers only to road authorities in the GDA;

“RPA” means Railway Procurement Agency;

F6["statutory body" means a body established by or under statute;]

“subsidiary” in sections 24, 32 and 36 to 40 means subsidiary (within the meaning of section 155 of the Companies Act 1963) of the Authority;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“traffic management” means the regulatory, administrative and other measures necessary for the purposes of facilitating, managing, regulating and controlling—

(a) the movement of persons and goods on public roads, or

(b) the parking of vehicles in public or other non-residential places;

“transport strategy” is to be read in accordance with section 12;

“Transport 21” means the capital investment framework published by the Minister in November 2005.

3. Greater Dublin Area.

3.— The Greater Dublin Area comprises—

(a) the city of Dublin,

(b) the administrative counties of South Dublin, Fingal, Dún Laoghaire-Rathdown, Kildare, Wicklow and Meath, and

4. Commencement.

4.— This Act, other than Parts 2 and 6, comes into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

5. Expenses.

5.— 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.

6. General power to make regulations.

6.— (1) The Minister or the Authority, as the case may be, may make regulations for—

(a) any purpose in relation to which regulations are provided for in this Act, or

(b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister or the Authority, as the case may be, considers necessary or expedient.

7. Laying of orders and regulations before Houses of Oireachtas.

7.— (1) Every order (other than an order under section 4, 8, 17 or 102) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(2) Every regulation made by the Authority under section 44(13) or 58(4) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(4) The annulment of a regulation or order under subsection (3) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.

PART 2 Dublin Transport Authority

Chapter 1

8. Establishment day.

8.— The Minister may appoint by order a day to be the establishment day for the purposes of this Part.

9. Establishment of Dublin Transport Authority.

9.— (1) There stands established on the establishment day a body to be known in the English language as the Dublin Transport Authority or in the Irish language, Údarás Iompair Bhaile Átha Cliath, and in this Act referred to as the Authority, to perform the functions assigned to it by or under this Act.

F8[(2) The functional area of the Authority (other than to the extent provided by this Act) is the State.]

(3) The Authority is a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or any other property or any other interest in land or any other property (freehold or leasehold).

(4) The Authority shall, as soon as may be after its establishment, provide itself with a seal, which shall be authenticated by the signature of a member of the Authority or of another person authorised by the Authority to act in that behalf.

(5) All courts shall take judicial notice of the seal of the Authority and every instrument purporting to be an instrument made by the Authority and to be sealed with its seal (purporting to be authenticated in accordance with subsection (4)) shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is shown.

10. General objectives of Authority.

F9[10.—In exercising its functions the Authority shall seek to achieve the following objectives—

(a) the development of an integrated transport system which contributes to environmental sustainability and social cohesion and promotes economic progress,

(b) the provision of a well-functioning, attractive, integrated and safe public transport system of services and networks for all users,

(c) improved access to the transport system and, in particular, to public passenger transport services by persons with disabilities,

(d) increased use of the public transport system,

F10[(e) regulated competition in the provision of licensed public bus passenger services in the public interest,

(f) the objectives set out in section 9 of the Act of 2003,]

(g) increased recourse to cycling and walking as means of transport, and

(h) value for money.]

11. Principal functions of Authority.

11.— (1) The principal functions of the Authority are to—

(a) undertake strategic planning of transport,

(b) promote the development of an integrated, accessible public transport network,

F11[(ca) license public bus passenger services that are not subject to a public transport services contract undersection 48,]

F12[(cb) develop and maintain a regulatory framework for the control and operation of small public service vehicles and their drivers in accordance with the provisions of the Act of 2003,]

(d) promote increased recourse to cycling and walking as a means of transport, and

(e) secure the—

(i) provision of public passenger transport services,

(ii) provision of public transport infrastructure,

(iii) provision of integrated ticketing and information systems for public transport,

(iv) effective management of traffic,

(v) effective management of transport demand,

(vi) development and implementation of a single public transport brand,

(vii) collection of statistical data and information on transport, and

(viii) conduct of research into transport.

(2) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.

(3) The Minister may, with the consent of the Minister for Finance, by order confer on the Authority such additional functions in relation to transport as, from time to time, he or she considers appropriate.

12. Transport strategy.

12.— (1) (a) The Authority shall make a strategic transport plan (“transport strategy”) in accordance with this section.

(b) The Authority’s first transport strategy shall incorporate the work done on a new transport strategy by the DTO (until such time as it is dissolved under section 102).

(c) Should the DTO complete its new transport strategy before it is dissolved under section 102, that strategy shall be considered to be the Authority’s first transport strategy for the purposes of this section.

(2) The Authority shall endeavour to ensure that the first transport strategy shall be published not later than one year following the review of the regional planning guidelines for the GDA in accordance with section 26 of the Act of 2000.

(3) The objective of the transport strategy shall be to provide a long-term strategic planning framework for the integrated development of transport infrastructure and services in the GDA.

(4) A transport strategy shall consider the future development of the transport system in the GDA for a period of not less than 12 years and not more than 20 years.

(5) When preparing a transport strategy the Authority shall have regard to—

(a) the F14[National Planning Framework],

F15[(b)the regional spatial and economic strategy (within the meaning of the Act of 2000) in force for the GDA, including any regional planning guidelines to which section 21(4) of that Act relates,]

(c) the development plans in force in the GDA, the Dublin Docklands Development Authority’s master plan and the Grangegorman Development Agency’s strategic plan,

(d) Transport 21 or any subsequent capital investment framework for transport published by the Minister or Government,

(e) the Department of Transport’s sectoral plan under the Disability Act 2005 or any subsequent sectoral plan under that Act,

(f) demographic, economic, social, travel and transport trends in the GDA,

(g) existing, planned and projected land use developments,

(h) trends and requirements of persons travelling from outside the GDA into the GDA, and vice versa, and the demand for such travel,

(i) any proposals received from public transport authorities and operators, and

(j) such other matters as may be prescribed by the Minister or as the Authority considers appropriate.

F15[(6) The Authority shall ensure that the transport strategy is consistent with relevant regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA prepared in accordance with Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates.]

(7) A transport strategy shall be prepared in such form and manner as may be directed by the Minister.

(8) The Authority shall—

(a) in the course of preparing a transport strategy, and

(b) after publishing a preliminary draft of the strategy,

consult with and consider the views of F16[the Minister for Housing, Planning and Local Government, the Office of the Planning Regulator], the regional authorities within the GDA, the NRA, the Dublin Docklands Development Authority, the Grangegorman Development Agency, local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite and consider written public submissions.

(9) The Authority shall, after completing the consultation required under subsection (8), submit a draft of its transport strategy to the Minister for his or her approval.

(10) When submitting a draft of its transport strategy to the Minister under subsection (9), F16[the Authority shall send a copy of that draft to the regional authorities within the GDA and to the Office of the Planning Regulator and those regional authorities and that Office shall], within 4 weeks of their receipt of the draft, issue a notice to the Authority, the Minister and the Minister for the Environment, Heritage and Local Government stating whether, in their view, the draft strategy is—

F15[(a)consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates, or

(b)not consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates and where not so consistent what amendments to the draft transport strategy they consider necessary to achieve such consistency.]

(11) (a) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the Joint Oireachtas Committee.

(b) Whenever so requested, the chairperson and the chief executive shall appear before the Joint Oireachtas Committee to discuss the draft strategy.

(c) The Joint Oireachtas Committee may, within 4 weeks of its receipt of the draft transport strategy, submit a report to the Minister containing recommendations on it.

(d) In this section “Joint Oireachtas Committee” means a Joint Committee of the Houses of the Oireachtas to which the Oireachtas has assigned the role of examining matters relating to transport.

(12) Where a notice received by the Minister from the regional authorities within the GDA under subsection (10) F17[or from the Office of the Planning Regulator under that subsection,] contains a statement of the type referred to in subsection (10)(b) the Minister may, after consulting with the Minister for the Environment, Heritage and Local Government, take any of the actions specified in subsection (13) and where he or she does not accept, or does not fully accept, the advice of the regional authorities given under subsection (10), F17[or of the Office of the Planning Regulator so given,] he or she F16[shall inform in writing the regional authorities or that Office, as appropriate,] of the reasons for such decision.

(13) Following the expiry of the period of 4 weeks referred to in subsection (10), the Minister may, having considered any notice or report received under subsections (10) or (11), in relation to a draft transport strategy submitted to him or her—

(a) approve the draft,

(b) approve it with modifications,

(d) refuse to approve it.

(14) The Minister shall, as soon as practicable after he or she has approved (with or without modifications) a transport strategy under subsection (13), cause a copy of it to be laid before each House of the Oireachtas.

(15) As soon as practicable after the Minister has notified the Authority that he or she has approved a transport strategy, the Authority shall publish it and take all reasonably practical steps to implement it.

(16) Where the Authority has made a transport strategy, it shall not later than 6 years after the making of the strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy and make a new strategy.

(17) Where the Authority makes a new transport strategy, it must do so in accordance with this section and the new strategy supersedes any previous strategy.

13. Integrated implementation plan.

13.— (1) As soon as practicable after the establishment day, and thereafter within 9 months of the approval by the Minister of a transport strategy, the Authority shall make a plan (“integrated implementation plan”) for the ensuing 6 year period in accordance with this section.

(2) An integrated implementation plan shall comprise—

(a) an infrastructure investment programme, identifying the key objectives and outputs to be pursued by the Authority over the period of the plan,

(b) the actions to be taken by the Authority to ensure the effective integration of public transport infrastructure over the period of the plan,

(c) an integrated service plan, identifying the key objectives and outputs to be pursued by the Authority in relation to the procurement of public passenger transport services over the period of the plan,

F18[(ca)actions to be taken relating to the objectives of the Authority undersection 19(2) of the Taxi Regulation Act 2013,]

(d) the actions to be taken by the Authority to ensure the effective integration of public passenger transport services over the period of the plan, and

(e) such other matters as the Authority considers appropriate or as may be prescribed by the Minister.

(3) An integrated implementation plan shall be prepared in such form and manner as may be directed by the Minister and have regard to—

(a) any proposals received from public transport authorities and operators, and

(b) the need to ensure the most beneficial, effective and efficient use of Exchequer resources.

(4) The Minister, in consultation with the Minister for Finance, shall provide to the Authority written guidance on multi-annual funding arrangements and the Authority shall have regard to such guidance in preparing an integrated implementation plan.

(5) The Authority shall, in the course of preparing an integrated implementation plan, consult with and consider the views of local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite written public submissions on the plan.

(6) The Authority shall submit a draft of its integrated implementation plan to the Minister for his or her approval.

(7) The Minister may, in relation to a draft integrated implementation plan submitted to him or her—

(a) approve the draft,

(b) approve it with modifications,

(d) refuse to approve it.

(8) The Minister shall as soon as practicable after he or she has approved (with or without modifications) an integrated implementation plan under subsection (7), cause a copy of it to be laid before each House of the Oireachtas.

(9) As soon as practicable after the Minister has notified the Authority that he or she has approved an integrated implementation plan, the Authority shall publish it and take all reasonably practical steps to implement it.

Chapter 2

14. Membership of Authority.

14.— (1) The Authority shall consist of a chairperson and F19[11] ordinary members who shall perform and carry out the functions of the Authority in accordance with this Act.

(2) The chairperson and ordinary members of the Authority shall be appointed by the Minister as follows:

(a) the chief executive of the Authority as an ordinary member, for as long as he or she continues to be the chief executive,

(b) the holder of the office of Dublin City Manager as an ordinary member, for as long as he or she continues to hold that office,

(c) an ordinary member being the holder of the position of a senior management post in the Authority to be specified by the chairperson with the consent of the Minister, for as long as he or she continues to hold that post, and

(d) the chairperson and F20[8] ordinary members, from persons who in the opinion of the Minister have wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration.

(3) A member of the Authority shall be paid out of funds at the disposal of the Authority—

(a) such remuneration (if any) as may be fixed from time to time by the Minister, with the consent of the Minister for Finance, and

(b) such amount in respect of expenses (if any) as the Minister, with the consent of the Minister for Finance, may determine.

(4) A member of the Authority appointed in accordance with subsection (2)(d) including the chairperson—

(a) shall be appointed for a period of not more than 5 years,

(b) whose term of office expires by the passage of time, is eligible for re-appointment. However, he or she shall not serve for more than 10 years in total, and

(i) resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of the receipt of the letter, whichever is later, or

(ii) be removed from membership of the Authority 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 Authority of its functions.

(5) A member of the Authority ceases to hold and is disqualified from holding office if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with creditors,

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

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

(b) Subject to the other provisions of this section, a person appointed to be a member of the Authority under 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 is eligible for re-appointment subject to a maximum term of 10 years.

(7) The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Authority.

15. Chairperson of Authority.

15.— (1) The Minister shall appoint the chairperson of the Authority on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance.

(2) Where the chairperson of the Authority ceases during his or her term of office as chair to be a member of the Authority, he or she also then ceases to be chairperson of the Authority.

(3) Where the chairperson is unavailable to perform his or her duties, he or she, or, if he or she is unable to do so, the Minister, shall appoint another member appointed under section 14(2)(d) to be an acting chairperson to assume the duties of the chairperson, in the absence of the chairperson, for a specified period not exceeding 12 months.

16. Meetings and procedures of Authority.

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

(2) The quorum for a meeting of the Authority shall be 5 or such other number as may from time to time be fixed by the Minister.

(3) At a meeting of the Authority—

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

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

(4) At a meeting of the Authority, each member of the Authority 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 Authority may act notwithstanding one or more vacancies among its members.

(6) Except as otherwise provided by this Act, the Authority shall regulate its own procedure and business.

(7) The Authority may perform or exercise any of its functions through or by the chairperson or any of its members or any other person who has been duly authorised by the Authority in that behalf.

17. Advisory Council.

17.— (1) There is established on the appointed day a body to be known as, in the English language, the Dublin Transport Authority Advisory Council, or in the Irish language, Comhairle Chomhairleach Údarás Iompair Bhaile Átha Cliath, in this Act referred to as the Council, to perform the functions assigned to it by or under this Act.

(2) The Council shall consist of a chairperson and 23 ordinary members.

(3) The Minister shall appoint a person who in his or her opinion has wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration, to be chairperson of the Council.

(4) The ordinary members of the Council shall be appointed by the Minister as follows:

F21[(a) 3 local authority chief executives or officers as follows:

(i) the Chief Executive of Dublin City Council,

(ii) one from the chief executives for the County Councils of Dún Laoghaire-Rathdown, Fingal and South Dublin, as decided by those chief executives, and

(iii) one from the chief executives for the County Councils of Kildare, Meath and Wicklow, as decided by those chief executives,

or an officer of those Councils as nominated by the relevant chief executive,]

(b) a member of the Garda Síochána (not below the rank of Chief Superintendent) nominated by the Commissioner,

(d) a member of the Dublin Regional Authority and a member of the Mid-East Regional Authority nominated by the authorities concerned,

(e) 2 members nominated by the Irish Congress of Trade Unions,

(f) 2 members representative of the interests of business,

(g) 2 members representative of the interests of community development in the GDA or concerned with the promotion of the social, economic, environmental or general interests of communities in that Area, and

(h) 4 members representative of the public interest.

(5) The Minister may prescribe organisations (“prescribed organisations”) which shall be invited to nominate candidates for membership of the Council under subsection (4)(f) to (h).

(6) The prescribed organisations for the purposes of subsection (4)(h) may include organisations which, in the opinion of the Minister, are representative of—

(a) the interests of transport users,

(b) the interests of people with disabilities, or

(c) persons whose professions or occupations relate to transport, land use planning, urban design, architecture or civil engineering.

(7) A prescribed organisation shall, whenever so requested by the Minister, select such number (not being less than 2 and always being an even number) of candidates as the Minister may specify for appointment and shall inform the Minister, within such period as the Minister shall specify when making the request, of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(8) (a) In making nominations under subsection (4)(e) or selections under subsection (7), the organisations concerned shall, having regard to relevant experience, nominate or select an equal number of men and women.

(b) In considering persons for appointment under subsection (4), the Minister shall have regard, in so far as is practicable, to relevant experience and ensuring an equitable balance between men and women in the composition of the Council.

(9) Subject to subsection (10), in the case of an appointment under subsection (4)(f) to (h) the Minister shall not appoint a person to be an ordinary member of the Council unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment.

(10) Notwithstanding subsection (7) or (9), if—

(a) a prescribed organisation refuses or fails to select any candidate pursuant to a particular request under subsection (7), or

(b) the Minister decides not to appoint as an ordinary member of the Council any of the candidates selected by such organisations pursuant to the request,

then the Minister shall either—

(i) appoint as an ordinary member of the Council a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) make a further such request and shall appoint as an ordinary member of the Council a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(11) Where a request is made under subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as an ordinary member of the Council of a person who was selected in relation to that appointment by any of the aforesaid organisations.

(12) The chairperson of the Council shall chair the meetings of the Council and, in the event of the chairperson being unable to attend a meeting of the Council or of the office of chairperson being vacant, the ordinary members who are present shall choose one of their number to chair the meeting.

(13) An appointment under this section, including the appointment of the chairperson, shall be for a period not exceeding 5 years as may be specified by the Minister when making the appointment and on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Finance.

(14) Where an ordinary member of the Council appointed under—

(a) subsection (4)(a) ceases to be the manager or an officer of the city or county council concerned,

(b) subsection (4)(b) ceases to be a member of the Garda Síochána, or

(c) subsection (4)(c) or (d) ceases to be a member of the city or county council or the regional authority concerned,

during the term of office specified by the Minister under subsection (13) in relation to that ordinary member, the person’s appointment as such member is terminated with effect from the date of the cessation.

(15) A member of the Council, including the chairperson, shall be paid, out of moneys at the disposal of the Authority, such allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

(16) A member of the Council, including the chairperson, whose term of office expires by the passage of time shall be eligible for re-appointment, subject to subsection (14).

(17) Subject to this section, the Council shall regulate its own procedure and business.

(18) The Authority shall provide all reasonable facilities and services as may be required by the Council for the carrying out of its functions.

(19) The Council may act notwithstanding a vacancy or vacancies in its membership.

(20) The Minister shall fix the date, time and place of the first meeting of the Advisory Council and the members of the Council shall decide on the frequency of all further meetings, subject to its meeting at least 4 times a year.

(21) The chairperson or an ordinary member of the Council may at any time—

(a) resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of receipt of the letter, whichever is later, or

(b) be removed from membership of the Council 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 Council of its functions.

(22) The Minister shall by order appoint a day to be the appointed day for the purposes of this section.

18. Functions of Advisory Council.

18.— (1) The functions of the Council are to—

(a) consider and make recommendations to the Authority on a—

(i) draft transport strategy, and

(ii) draft integrated implementation plan,

(b) monitor the implementation of the transport strategy and the integrated implementation plan and make any recommendations it considers appropriate to the Authority,

(d) monitor the implementation of the strategic traffic management plan and make any recommendations it considers appropriate to the Authority, and

(e) make recommendations to the Authority in relation to the discharge of any of its functions.

(2) The Authority shall consider the recommendations of the Council under this section and may accept or reject in whole or in part a recommendation of the Council.

(3) Where the Authority rejects a recommendation of the Council in whole or in part, it shall state the reasons for such rejection to the Council.

(4) (a) The Authority shall publish any recommendations made by the Council under subsection (1) and any reasons stated by it under subsection (3).

(b) Publication by the Authority on its website shall constitute compliance with paragraph (a).

(5) The Minister or the Authority may consult with or seek the advice of the Council on any matter arising in relation to the exercise of the functions of the Authority.

(6) The Council shall be entitled to be informed at each of its meetings about the work of the Authority, provided that disclosure of such information shall not, in the opinion of the Authority—

(a) relate to matters which the Authority consider to be of a commercially sensitive nature,

(b) could impede the present or future performance of its functions, or

19. Chief executive officer.

19.— (1) There shall be a chief executive officer of the Authority (“chief executive”).

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

(3) The chief executive—

(a) shall be appointed by the Authority in accordance with procedures determined by the Authority, and

(b) may be removed from office at any time for stated reasons by the Authority,

with the consent of the Minister.

(4) The chief executive shall hold office for such term and upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority with the consent of the Minister given with the approval of the Minister for Finance.

(5) The chief executive shall not hold any other office or position without the consent of the Authority.

(6) Where a competition to appoint a chief executive is held prior to the establishment day the successful candidate may be appointed by the Minister as the chief executive designate of the Authority.

(7) Notwithstanding subsection (3)(a), the chief executive designate shall be appointed chief executive on the establishment of the Authority.

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

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

20. Staff of Authority.

20.— (1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the approval of the Minister and the Minister for Finance.

(2) A member of the staff of the Authority (other than the chief executive) shall—

(a) be paid such remuneration (including allowances for expenses) as the Authority may determine with the approval of the Minister and the Minister for Finance, and

(b) hold his or her office or employment on such other terms and conditions as the Authority may determine.

(3) The categories of the staff of the Authority and the numbers of staff in each category shall be determined by the Authority.

(4) The chairperson of the Authority shall report to the Minister each year regarding the exercise of its responsibilities under subsections (1), (2) and (3).

(5) A member of the staff of the Authority shall not be a civil servant within the meaning of the Civil Service Regulation Acts 1956 to 2005.

(6) Notwithstanding subsection (5), officers of the Minister may be seconded to the Authority, at its request and at the discretion of the Minister, for a period not exceeding 2 years.

(7) The Authority may at any time remove any member of the staff of the Authority from being a member of its staff where that person fails to perform his or her functions satisfactorily.

(8) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any member of the staff of the Authority arising from a failure to perform or to comply with any of the functions conferred on the Authority by this Act.

21. Superannuation for staff of Authority.

21.— (1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) A scheme made under this section shall make provision for appeals.

(6) No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such benefit to a member of the staff of the Authority, otherwise than in accordance with a scheme under this section, or otherwise as may be approved of by the Minister, with the consent of the Minister for Finance.

(7) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons transferred under section 110 F22[and sections39and40of the Public Transport Regulation Act 2009] shall not be less favourable than those to which they were entitled immediately before the dissolution day F22[or the dissolution day for the Commission for Taxi Regulation, or on the day or days specified by the Minister undersection 110(1)(e), as appropriate].

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person transferred under section 110 F22[and sections39and40of the Public Transport Regulation Act 2009], the benefit shall be calculated by the Authority in accordance with such scheme as applied to the person immediately before the dissolution day F22[or the dissolution day for the Commission for Taxi Regulation, or on the day or days specified by the Minister undersection 110(1)(e), as appropriate] and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and any benefit payable shall take account of both periods of service.

(9) A scheme 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 scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

22. Engagement of consultants and advisers.

22.— (1) The Authority may, from time to time, engage such consultants or advisers, as it may consider necessary to assist it in the discharge of its functions.

(2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Authority.

23. State authorities.

23.— (1) The Schedule to the State Authorities (Public Private Partnership Arrangements) Act 2002 is amended by inserting “Dublin Transport Authority.” at the end of it.

(2) The Schedule (inserted by section 11 of the National Development Finance Agency (Amendment) Act 2007) to the National Development Finance Agency Act 2002 is amended by inserting after reference 15 “15A. Dublin Transport Authority.”.

24. Subsidiaries.

24.— (1) Such functions of the Authority as it may determine may be performed by a subsidiary and, accordingly, the Authority may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and establish one or more subsidiaries.

(2) The Authority or a subsidiary may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, promote and take part in the formation or establishment of a company, or enter into joint ventures or partnerships for the purpose of fulfilling any of its functions.

(3) The Authority may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

(4) The memorandum and articles of association of a subsidiary 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.

25. Resources made available by Minister.

25.— (1) The Minister may make available to the Authority, on a request being made by the Authority, such staff, premises, equipment, services or other resources, as the Minister may determine from time to time in consultation with the Minister for Finance.

(2) The Authority shall, on request from the Minister, pay to the Minister such sum or sums as the Minister may specify to be the expenses incurred by the Minister in making available to the Authority such staff, premises, equipment, services or other resources under subsection (1).

(3) Where the Minister makes available to the Authority under subsection (1) any officer of the Minister, that officer remains an officer of the Minister and shall not be considered to be a member of the staff of the Authority.

26. Ministerial policy directions.

26.— (1) The Minister may, from time to time, give policy directions in writing to the Authority regarding any of its functions under this Act F23[and the Taxi Regulation Act 2013]. The Authority shall comply with any such direction in the performance of its functions.

(2) The Minister may give a policy direction in writing to a subsidiary of the Authority. The subsidiary shall comply with any such direction.

(3) Where the Minister gives a direction under this section a notice of the giving of the direction and the details of it shall be—

(a) laid before each House of the Oireachtas, as soon as may be, after it is given, and

(b) published in the Iris Oifigiúil within 28 days of giving it and in such other manner as the Minister considers appropriate (including on the internet).

27. Ministerial guidelines.

27.— (1) The Minister may, at any time, issue guidelines in writing to the Authority regarding any of its functions under this Act. The Authority shall have regard to such guidelines in the performance of its functions.

(2) The Minister may issue guidelines in writing to a subsidiary of the Authority. The subsidiary shall have regard to such guidelines.

(3) Where the Minister issues a guideline under this section a notice of the issuing of the guideline and the details of it shall be—

(a) laid before each House of the Oireachtas, as soon as may be, after it is given, and

(b) published in the Iris Oifigiúil within 28 days of giving it and in such other manner as the Minister considers appropriate (including on the internet).

28. Advice and services.

28.— (1) The Authority shall, on receipt of a request from the Minister, provide—

(a) advice (including advice in relation to transport outside the functional area of the Authority), or

(b) services (including services of staff),

to the Minister on such terms and conditions (including payment for such advice or services) as may be agreed and the Minister may avail of such advice or services.

(2) The Authority may provide services (including services of staff) to a local authority or other persons on such terms and conditions (including payment for such services) as may be agreed.

(3) The Authority may fix, require, take and recover such charges as it thinks fit for services provided by or on behalf of it.

29. Exchequer allocations to Authority.

29.— (1) The Minister may, subject to such conditions as he or she sees fit, in each financial year make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the capital and current expenditure, including administrative expenditure, of the Authority.

(2) Conditions attaching to grants made under subsection (1) may include terms governing repayment of a grant, interest and such other matters as may be determined by the Minister, with the consent of the Minister for Finance.

30. Borrowings by Authority.

30.— (1) The Authority or a subsidiary of the Authority may, from time to time, borrow money for the purpose of carrying out its functions but shall not do so without the consent of the Minister and the Minister for Finance.

(2) The Authority shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Authority, inclusive of any borrowings by subsidiaries of the Authority, may at any time be liable to repay on foot of any liability or liabilities incurred under this section does not, or do not in their aggregate, exceed €1,000,000,000.

(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 for that currency and the currency of the State at the time such moneys were borrowed.

31. Guarantee by Minister for Finance of borrowings by Authority.

31.— (1) Without prejudice to section 6 of the Borrowing Powers of Certain Bodies Act 1996, the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and on such terms and conditions as he or she thinks fit, the due repayment of any moneys (including moneys in a currency other than the currency of the State, or the payment of interest on such moneys) borrowed by the Authority.

(2) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and

(3) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him or her (with interest thereon at such rate or rates as he or she appoints) by the Authority within such period from the date of the advance of the moneys out of the Central Fund as may be specified by that Minister after consultation with the Authority.

(4) Where the whole or any part of moneys required by subsection (3) to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister for Finance shall determine, to the Central Fund out of moneys provided by the Oireachtas.

(5) Notwithstanding the provision of moneys under subsection (4) to repay the amount to the Central Fund, the Authority shall remain liable to the Minister for Finance in respect of that amount, and that amount (with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to him or her by the Authority at such times and in such instalments as he or she appoints.

(6) Moneys paid by the Authority under subsection (3) or (5) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.

32. Accounts and annual report of Authority.

32.— (1) The Authority shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet.

(2) By the end of the third month after the end of each financial year the Authority shall submit accounts for the preceding financial year kept in pursuance of subsection (1) to the Comptroller and Auditor General for audit.

(3) The Authority shall, in writing, produce a report (“annual report”) to the Minister each year in relation to the performance of its functions in the preceding financial year.

(4) The annual report shall—

(a) include a copy of the income and expenditure account, the balance sheet and of such other (if any) accounts kept under subsection (1) as the Minister, after consultation with the Minister for Finance, may direct together with a copy of the Comptroller and Auditor General’s report on the accounts,

(b) include such other information regarding the performance of the functions of the Authority as the Minister may from time to time require, and

(c) be made to the Minister within 15 working days after the receipt by the Authority of the Comptroller and Auditor General’s report on the accounts.

(5) The annual report, in every second year, shall include a statement regarding the continued necessity of any subsidiary.

(6) The Minister shall cause copies of the annual report to be laid before each House of the Oireachtas as soon as may be after its receipt by him or her.

(7) The financial year of the Authority shall be the period of 12 months ending on 31 December in any year and, for the purposes of this section and section 29, the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.

33. Gifts.

33.— (1) The Authority may accept gifts of money, land or other property upon such trusts, terms or conditions, if any, as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts, terms or conditions attached to it would be inconsistent with or prejudice the operational independence and effective performance of the functions of the Authority.

(3) The Authority shall include details of any gift that exceeds, in its opinion, such amount as may be directed by the Minister, with the consent of the Minister for Finance, in the annual report for the year in which the gift is accepted.

(4) In subsection (3) “details” includes—

(a) the name of the donor of the gift,

(b) a description of the gift, and

34. Code of conduct.

34.— (1) The Authority shall draw up, and may from time to time revise, a code of conduct that is based on best practices so as to ensure good corporate governance in the performance of its functions under this Act.

(2) Where a code of conduct has been drawn up or revised under subsection (1), it shall be submitted by the Authority to the Minister for approval.

(3) The Authority shall publish any code of conduct drawn up or revised under subsection (1) and approved by the Minister under subsection (2).

35. Disclosure of interests by members of Authority.

35.— (1) A member of the Authority who has—

(a) any interest in any body or concerns with which the Authority has made a contract or proposes to make a contract, or

(b) any interest in any contract which the Authority has made or proposes to make,

shall disclose to the Authority the fact of such interest and the nature thereof, and shall not be present at any deliberation or decision of the Authority relating to the contract.

(2) Where at a meeting of the Authority any of the following matters arise, namely—

(a) an arrangement to which the Authority is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Authority or a proposed such contract or other agreement,

then any Authority member present at the meeting who otherwise than in his or her capacity as such an Authority member is in any way, whether directly or indirectly, interested in the matter—

(i) shall at the meeting disclose to the Authority the fact of such interest and the nature thereof,

(ii) shall take no part in any deliberations of the Authority relating to such matter save to such extent as the chairperson of the meeting at which such deliberations take place may permit, and

(iii) shall not vote on a decision relating to the matter.

(3) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where, at a meeting of the Authority, a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would be a failure by him or her to comply with the requirements of subsection (1) or (2), the question may be determined by the chairperson of the meeting whose decision shall be final and where such a question is so determined particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where the Minister is satisfied that a member of the Authority has failed to comply with a requirement of subsection (1) or (2) he or she may, if he or she thinks fit, remove that member of the Authority from office or take such other action as he or she considers appropriate. Where a person is removed from office under this subsection he or she is disqualified from being a member of the Authority or a director of a subsidiary of the Authority.

36. Disclosure of interests by directors of subsidiary.

36.— (1) A director of a subsidiary who has—

(a) any interest in any body or concerns with which the subsidiary has made a contract or proposes to make a contract, or

(b) any interest in any contract which the subsidiary has made or proposes to make,

shall disclose to the subsidiary the fact of such interest and the nature thereof, and shall not be present at any deliberation or decision of the subsidiary relating to the contract.

(2) Where at a meeting of the directors of a subsidiary any of the following matters arise, namely—

(a) an arrangement to which the subsidiary is a party or a proposed such arrangement, or

(b) a contract or other agreement with the subsidiary or a proposed such contract or other agreement,

then any director present at the meeting who otherwise than in his or her capacity as such a director is in any way, whether directly or indirectly, interested in the matter—

(i) shall at the meeting disclose the fact of such interest and the nature thereof,

(ii) shall take no part in any deliberations of the directors relating to such matter save to such extent as the chairperson of the meeting at which such deliberations take place may permit, and

(iii) shall not vote on a decision relating to the matter.

(3) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where, at a meeting of the directors of a subsidiary, a question arises as to whether or not a course of conduct, if pursued by a director, would be a failure by him or her to comply with the requirements of subsection (1) or (2), the question may be determined by the chairperson of the meeting whose decision shall be final and where such a question is so determined particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where the Authority is satisfied that a director of a subsidiary has failed to comply with a requirement of subsection (1) or (2) the Authority may, if it thinks fit, remove that director from office or take such other action as it considers appropriate. Where a person is removed from office under this subsection he or she is disqualified from being a member of the Authority or director of a subsidiary.

(6) Section 194 of the Companies Act 1963 does not apply to a director of a subsidiary.

37. Disclosure of interests by members of staff.

37.— (1) Where a member of staff of the Authority or a subsidiary or any other person engaged by the Authority or by a subsidiary has an interest, otherwise than in his or her capacity as such a member, or under their terms of engagement, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Authority or the subsidiary is a party, he or she shall—

(a) disclose to the Authority or the subsidiary, as the case may be, his or her interest and the nature thereof,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members, or members of the staff, of the Authority or the subsidiary in relation thereto, and

(2) Subsection (1) does not apply to contracts, or proposed contracts, of employment of members of the staff of the Authority with the Authority or of members of staff of a subsidiary with a subsidiary.

(3) Where a person to whom subsection (1) applies fails to comply with a requirement of that subsection then—

(a) the Authority, where the person is a member of the staff of the Authority or any other person engaged by the Authority, or

(b) the board of a subsidiary, where the person is a member of the staff of the subsidiary or any other person engaged by it,

shall decide the appropriate action (including removal from office or termination of contract) to be taken.

38. Prohibition on unauthorised disclosure of confidential information.

38.— (1) Save as otherwise provided by law, a person shall not, without the consent of the Authority or a subsidiary, disclose confidential information obtained by him or her while performing duties as a member of the Authority or a director of a subsidiary, or as a member of the staff of, or when otherwise engaged by, the Authority or subsidiary, unless he or she is duly authorised by the Authority or subsidiary to do so.

(2) In this section “confidential information” includes information that is expressed by the Authority or subsidiary to be confidential either as regards particular information or as regards information of a particular class or description.

(3) A person who contravenes subsection (1) commits an offence.

(4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Authority or subsidiary or by or on behalf of the Authority or subsidiary to the Minister.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by inserting at the end of Part 1:

(a) in column (2), “Dublin Transport Authority Act 2008”, and

(b) in column (3), “Section 38”.

39. Prohibition on certain communications.

39.— (1) A person who communicates with a member of the Authority or a director of a subsidiary or with a member of staff of the Authority or a subsidiary, or with any other person engaged by the Authority or a subsidiary, for the purpose of influencing improperly his or her consideration of any matter which falls to be considered by the Authority or subsidiary commits an offence.

(2) If a person to whom a communication is made becomes of opinion that a communication is in contravention of subsection (1), it is his or her duty not to entertain the communication further and he or she shall inform forthwith the chairperson of the Authority in writing of the substance of such communication and the chairperson shall acknowledge in writing the receipt of such information.

40. Membership of Houses of Oireachtas, European Parliament and local authorities.

40.— (1) Where a member of the Authority—

(a) accepts nomination as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she ceases to be a member of the Authority.

(2) Where the chief executive of the Authority—

(a) accepts nomination as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or to the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority,

he or she ceases to be chief executive of the Authority.

(3) Where a member of staff of the Authority or a subsidiary—

(a) accepts nomination as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority,

he or she stands seconded from his or her employment by the Authority or subsidiary and shall not be paid by, or be entitled to receive from, the Authority or subsidiary remuneration or allowances in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or such Parliament or such local authority.

(4) A person to whom subsection (3) refers may stand seconded for a period of no longer than 10 years.

(5) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament is, while he or she is so entitled or is such a member, disqualified from becoming a member of the Authority.

(6) Without prejudice to the generality of subsection (3), that subsection shall be construed as prohibiting, among other things, the reckoning of a period therein mentioned as service with the Authority for the purpose of any superannuation benefits.

41. Accountability to Committees of Oireachtas.

41.— (1) The chief executive shall, whenever required by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) From time to time, and whenever so requested, the chairperson and chief executive shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions.

42. Authority to keep itself informed on certain matters.

42.— (1) The Authority shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority, the functions of which have, or may have, a bearing on the matters with which the Authority is concerned.

(2) In this section “public authority” means the Minister, the Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Authority, has functions that have, or may have, a bearing on matters with which the Authority is concerned.

43. Immunity of Authority.

43.— No action or other proceedings shall lie or be maintainable against—

(a) the Authority or a subsidiary of the Authority,

(b) a person performing functions delegated to it by the Authority,

(d) a person providing services to the Authority,

for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure of the Authority to perform or to comply with any of the functions conferred on it.

PART 3 Transport Matters

Chapter 1

44. Functions of Authority in relation to public transport infrastructure.

44.— (1) In relation to public transport infrastructure in the GDA, the Authority shall have the following functions:

(a) to secure the provision of, or to provide, public transport infrastructure,

(b) to enter into agreements with other persons in order to secure the provision of such public transport infrastructure, whether by means of a concession, joint venture, public private partnership or any other means, and

(c) to acquire and facilitate the development of land adjacent to any public transport infrastructure where such acquisition and development contribute to the economic viability of the said infrastructure whether by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000.

(2) (a) The Authority shall, as far as possible, arrange that the functions under subsection (1) be performed on its behalf in relation to—

(i) railway infrastructure other than metro or light railway infrastructure, by Irish Rail,

(ii) metro or light railway infrastructure, by the RPA,

(iii) interchange facilities, by such public transport authority or other statutory body which in the opinion of the Authority should have responsibility for them, and

F24[(iv) other public transport infrastructure owned or under the control of a public transport authority, by that public transport authority.]

(b) Notwithstanding paragraph (a) but subject to paragraphs (c) and (d), where the Authority considers it more convenient, more expeditious, more effective or more economical that the function concerned should be performed by it, it may decide accordingly.

(c) Before coming to a decision under paragraph (b) the Authority shall consult with and consider the views of the relevant public transport authority or other statutory body.

(d) The Minister may prescribe a class of case in which a decision by the Authority under paragraph (b) does not have effect unless and until it is approved by him or her.

F25[(e) The Authority may secure the provision of public transport infrastructure not referred to inparagraph (a)by such arrangements as it sees fit, including securing such provision itself or providing such public transport infrastructure itself.]

(3) The Authority may give a direction to a public transport authority to take such actions as, in the view of the Authority, are necessary to secure the provision of or to provide public transport infrastructure.

(4) Before giving a direction under subsection (3) to a public transport authority, the Authority shall consult with and consider the views of the public transport authority.

(5) (a) Subject to paragraph (b), where a public transport authority refuses or fails to comply with a direction given under subsection (3), the Authority may decide, notwithstanding any other enactment or in any case in which it appears to it that the circumstances so warrant, to perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.

(b) The Minister may prescribe a class of case in which a decision by the Authority under paragraph (a) does not have effect unless and until it is approved by him or her.

F24[(6) Where—

(a) a decision is made by the Authority undersubsection (2)(b)or(5)(a)for the performance of a particular function otherwise than through a public transport authority or statutory body, or

(b) the Authority is performing its function of securing the provision of public transport infrastructure in accordance withsubsection (2)(e),

the following provisions have effect—

(i) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function,

(ii) for the purpose ofparagraph (a)or(b), land may be acquired by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000,

(iii) the provisions of any enactment concernedF26[(other than section 178 of the Act of 2000)]apply in relation to the performance of the function subject to such modifications as may be necessary and as if the Authority was named in such enactment in each place where a public transport authority or other statutory body entitled to exercise the function is named, and

(iv) any contract or agreement in writing made between the public transport authority or statutory body concerned and any other person which is not fully executed and completed shall continue in force but shall be construed and have effect as if the Authority was substituted therein for that public transport authority or statutory body.]

F26[(6A) Without prejudice to the generality ofsubsection (6)(ii), land may be acquired by the Authority by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000 for the purpose of taking any measure whatsoever that may be reasonably required to mitigate, directly or indirectly, the impact of any public transport infrastructure provided on the environment generally or on—

(a) any particular site, building or structure,

(b) the availability of parking, or

(7) The Act of 2000 applies in relation to the compulsory acquisition of land under F27[subsection (1)(c), (6)or(6A)] as if it were an acquisition under Part XIV of that Act and for that purpose a reference to a local authority shall be read as a reference to the Authority.

(8) Before acquiring land by agreement under F27[subsection (1)(c), (6)or(6A)], the Authority shall obtain an independent valuation of the land.

(9) The Authority may exploit commercial opportunities arising from its functions under this Part.

(10) The exploitation of such commercial opportunities may be carried out by a public transport authority or third party on behalf of the Authority.

(11) The Authority may receive income (including any amount, right, interest, benefit or profit) arising from, or make payments (or otherwise provide consideration) in respect of functions under subsections (1) and (5).

(12) The Authority may amend or revoke an arrangement under subsection (2) or a direction under subsection (3) where it considers it more convenient, more expeditious, more effective or more economical to do so, subject in the case of revocation to the relevant public transport authority being recompensed by the Authority for the reasonable costs incurred by it up to time of revocation.

(13) The Authority may prescribe such infrastructure, facility, building or vehicle as it sees fit as public transport infrastructure.

F25[(14) The carrying out by the Authority, on its behalf or at its direction of—

(a) a proposed road development (within the meaning of theRoads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended bysection 9of theRoads Act 2007) of that Act, or

(b) a proposed development that has been approved by An Bord Pleanála—

(i) under subsection (9) (inserted bysection 34(c) of thePlanning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or

(ii) under subsection (8) of section 177AE (inserted bysection 57of thePlanning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,

shall be exempted developments for the purposes of the Act of 2000.

(15) For the purposes of section 175 and 177AE of the Act of 2000 where a proposed development relates to public transport infrastructure an application for approval under section 175(3) or 177AE(3) may be made by the Authority, with the concurrence of the local authority concerned, and, accordingly, references in those sections to a local authority shall be read as references to the Authority.

(16) In this section "function" includes a part of or any aspect of the function.]

44A. F28[Investing in bus infrastructure and cycle facilities

44A.(1) The Authority shall have the function to secure or provide public transport, and cycling, infrastructure in the State in relation to—

(a) bus stops, bus shelters, bus stations, stands and bus fleets, and

(b) cycling facilities and schemes to promote cycling.

(2) For the purposes of achieving its function under this section, the Authority may enter into agreements with other persons including by means of a concession, joint venture or public private partnership.]

45. Funding of public transport infrastructure.

45.— (1) The Authority may, subject to such conditions as it sees fit, make grants to public transport authorities or third parties out of moneys provided by the Oireachtas, in respect of the securing of public transport infrastructure assigned to such authorities or third parties under F29[section 44or44A].

(2) Conditions attaching to grants made under subsection (1) may include terms governing repayment of a grant, interest and such other matters as may be determined by the Authority, with the consent of the Minister and the F29[Minister for Public Expenditure and Reform].

46. Railway orders.

46.— (1) Where the Authority decides in accordance with section 44 to provide railway infrastructure, it shall for the purpose of so doing have all the powers and duties of the RPA or a railway undertaking, as the case may be, as contained in Part 3 of the Act of 2001 and a reference in that Part to the Agency or a railway undertaking shall be deemed to be a reference to the Authority.

(2) Section 37 (inserted by section 49(b) of the Planning and Development (Strategic Infrastructure) Act 2006) of the Act of 2001 is amended by substituting for subsections (1) and (2) the following:

“(1) An application may be made to An Bord Pleanála (‘the Board’) for a railway order by the Dublin Transport Authority (‘DTA’), the Agency, CIÉ or another person. Where any part of the proposed railway works in the application is within the functional area of the DTA the applicant (not being the DTA) must have obtained the prior written consent of the DTA for the application.

(2) An application under subsection (1) shall specify whether the application is in respect of a light railway, metro or otherwise.”.

Chapter 2

47. Definitions (Part 3, Chapter 2).

47.— In this Chapter—

“direct award contract” means a public service contract entered into by the Authority under section 52 without a competitive tendering procedure;

“public service contract” has the meaning assigned to it in Regulation No. 1370/2007;

“public service obligation” means a requirement specified by the Authority in order to ensure public passenger transport services in the general economic interest which a public transport operator, if it were considering its own commercial interests, would not assume or would not assume to the same extent or under the same conditions without reward;

“public transport services contract” means a contract, including a public service contract, between the Authority and a public transport operator for the provision of public passenger transport services;

“Regulation No. 1370/2007” means Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007 ^1.

48. Public transport services contracts.

48.— (1) (a) The Authority shall secure the provision of public passenger transport services.

(b) Where the Authority proposes to secure the provision of public passenger transport services under paragraph (a), it shall, subject to section 56, do so in accordance with a public transport services contract.

(2) Where the Authority secures the provision of—

(a) rail passenger services F30[(other than metro or light rail passenger services)] it shall do so in accordance with section 52,

(b) F31[public bus services] F30[and ancillary public passenger transport services] it shall do so in accordance with section 52 or following a competitive tendering procedure, and

(3) A public transport services contract shall, among other things, provide for the following:

(a) any payments to be made between the Authority and a public transport operator,

(b) allocation of passenger revenue,

(d) the routes to be operated or the areas to be served,

(e) the integration of services provided under the contract and their integration with other public passenger transport services,

(f) service standards and frequency,

(g) fares to be charged and provision for the variation, including increase or decrease, of fares,

(h) the fare system to be used,

(i) performance obligations including obligations relating to service levels,

(j) the branding on vehicles used for the provision of services,

(k) requirements regarding ticketing and the provision of information to passengers,

(l) accessibility standards,

(m) subject to subsection (7) or (8) as appropriate, where it is proposed to provide for subcontracting, the terms and conditions under which such subcontracting of services may take place,

(n) a requirement where appropriate that the operator holds an operator’s licence (within the meaning of section 2(9) of the Road Traffic and Transport Act 2006),

(o) requirements relating to compliance with applicable law in relation to pay and terms and conditions of employment,

(p) emission standards for pollutants and noise, and

(q) such other service, customer, vehicle, reporting, financial or contractual requirements (whether or not of the same kind), which the Authority considers appropriate.

(4) A public transport services contract may include a provision for the carrying out of a review of all or any of the provisions of that contract which relate to the requirements set out in subsection (3) or any other matter provided for in the contract.

(5) A public transport operator may not transfer, assign, delegate or otherwise deal with a right, power or duty under a public transport services contract without the approval of the Authority.

(6) (a) Subject to paragraphs (b) and (c) and section 52, the Authority shall determine the duration of public transport services contracts to which this Chapter applies subject to a maximum of 10 years in respect of F31[public bus services] and 15 years in respect of rail or other track-based modes.

(b) The duration of public transport services contracts relating to several modes of transport shall not exceed 15 years if transport by rail or other track-based modes represents more that 50 per cent of the value of the services in question and shall not exceed 10 years where the said value is less than 50 per cent.

(c) If necessary, having regard to the conditions of depreciation of assets, the duration of the public transport services contracts may be extended by a maximum of 50 per cent if the public transport operator provides assets which are both significant in relation to the overall assets needed to carry out the passenger transport services covered by the public transport services contract and linked predominantly to the passenger transport services covered by the contract.

(7) Where a public transport services contract relates to the provision of public passenger transport services to which paragraphs (a) and (b) of subsection (2) apply and it is proposed that part of the contract may be the subject of subcontracting, Article 4.7 of Regulation No. 1370/2007 shall apply.

(8) Where a public transport services contract relates to the provision of metro or light rail passenger services, a public transport operator may, with the approval of the Authority, subcontract the provision of part of the public passenger transport services under that contract and such services provided under subcontract shall be subject to the obligations, if any, specified in that contract.

(9) A public transport services contract may provide for financial or other incentive clauses where a public transport operator exceeds specified performance standards.

(10) Where a public transport operator does not comply with the requirements set down in this Chapter or in a public transport services contract made under this section, the Authority may impose financial or other consequences, including the termination of the right to provide the public passenger transport service or any part thereof to which the contract relates and such consequences shall be referred to in the contract.

(11) The Authority may assign its functions in relation to securing the provision of metro or light rail passenger services to the RPA subject to such terms and conditions, consistent with this Chapter, as the Authority sees fit.

F32[(12) Where the Authority proposes to enter into a public transport services contract, other than a direct award contract to which section 52(3) refers, it shall—

(a) advise any local authority in whose functional area the transport service will operate of the proposal to enter into such a contract, and

(b) invite any such local authority to submit written views in relation to the proposed contract, which it will consider prior to entering into the contract.]

49. Funding of public transport services contracts.

49.— (1) Where the Authority enters into a public transport services contract under section 48, it may, subject to such conditions as it sees fit, make payments to the public transport operator concerned out of moneys provided by the Oireachtas or otherwise, in respect of the provision of public passenger transport services referred to in that contract.

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