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

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

50. Public service obligations.

50.— (1) Where the Authority proposes to secure public passenger transport services it may determine that a public service obligation is to be applied in respect of that service.

(2) Where the Authority makes a determination under subsection (1) that a public service obligation is to be applied, it shall secure the public passenger transport services by means of a public service contract, which shall be subject to section 48.

(3) A contract to which this section relates must be made in compliance with Regulation No. 1370/2007.

(4) A public transport operator shall satisfy the Authority, with such information and in such form as the Authority may specify, in respect of—

(a) any payment for the performance of a public service obligation, that the payment does not exceed that which is necessary to cover all or part of the costs incurred in discharging the public service obligation taking into account the relevant receipts and a reasonable profit for discharging the obligation, and

(b) the costs incurred in discharging the public service obligation, that such costs do not exceed those, which in the opinion of the Authority, an operator that is well run and adequately provided with means of transport would be expected to incur in discharging the public service obligation.

51. Amendments to public service contracts.

51.— The Authority may, subject to section 52(6), unilaterally alter a public service contract, including the scope of the contract, where it is of the opinion that such alteration is necessary to guarantee safe, efficient and high quality public passenger transport services or transparency in the performance of public passenger transport services.

52. Direct award public service contracts.

52.—F33[(1) Save where—

(a) a licence is granted by the Minister under theRoad Transport Act 1932,

(b) a licence is granted by the Authority under Part 2 of the Act of 2009,

(d) otherwise provided by law—

(i) Dublin Bus has an exclusive right to continue to provide the public bus services that it provides in accordance with the provisions of section 7 of the Act of 1958 and section 8 of the Act of 1986 within the city of Dublin and the counties of Fingal, South Dublin and Dún Laoghaire-Rathdown and contiguous areas, and

(ii) BusÉireann has an exclusive right to continue to provide the public bus services that it provides in accordance with section 7 of the Act of 1958 and section 8 of the Act of 1986 except in so far as such services are provided by Dublin Bus undersubparagraph (i),

and those services shall be set out in the public service contracts entered into undersubsection (3)(a).]

(2) Save where otherwise provided by law, Irish Rail has an exclusive right to provide rail passenger services, other than metro or light rail passenger servicesF34[…].

F33[(3) The Authority, in accordance withsection 48, to ensure the adequacy of public passenger transport services in the general economic interest—

(a) shall enter into direct award contracts, which impose public service obligations with—

(i) Dublin Bus and BusÉireann to secure the provision of public bus services to which subsection (1) relates, and

(ii) Irish Rail to secure the provision of rail passenger services to whichsubsection (2)relates,

and

(b) may enter into direct award contracts, in accordance with Regulation No. 1370/2007, which impose public service obligations, with public transport operators to secure the provision of public passenger transport services not being provided by Dublin Bus, BusÉireann or Irish Rail pursuant to the direct award contracts entered into pursuant tosubparagraph (a)(i)or(ii).

(4) Notwithstandingsection 48(6)—

(a) the direct award contracts referred to insubparagraph (a)(i)ofsubsection (3)shall each be for a period of 5 years,

(b) the contract referred to insubparagraph (a)(ii)ofsubsection (3)shall be for a period of 10 years, and

(5) Where a direct award contract is entered into in respect of the provision of F35[public bus services] under this section, the Authority may, following consultation with Dublin Bus or Bus Éireann, as appropriate, make alterations to elements of that contract which relate to the provision of services contained within that contract, subject to there being no amendment to the scope of the relevant exclusive right referred to in subsection (1).

(6) (a) The Authority may at any time review a direct award contract entered into under this section and may following such a review unilaterally make amendments to such contract.

(b) The Authority shall carry out a review of any direct award contract entered into under this section which relates to the provision of F35[public bus services] where it considers that the maintenance of the contract, or any aspect thereof, may no longer be necessary to ensure the provision of the required level of such services F36[or ancillary public passenger transport services] and where such a finding is made, the Authority shall be entitled to unilaterally amend or terminate the contract as appropriate.

(c) (i) Subject to subparagraph (ii), the Authority may enter into direct award contracts subsequent to those to which subsection (3) applies.

(ii) Where the Authority proposes to enter into direct award contracts subsequent to those referred to in subsection (3)(a) F36[(i)], it may only do so where it is satisfied that the continued adequacy of the F35[public bus services] to which the contracts relate can only be guaranteed in the general economic interest by entering into such direct award contracts.

(d) Where the Authority proposes to carry out a review to which paragraph (b) refers or enter into the direct award contracts to which paragraph (c)(ii) refers, it shall invite and consider submissions from the holder of the direct award contract in question and from any other interested parties, including users of the F35[public bus services] that are the subject of the contract.

(e) Where the Authority makes amendments to a direct award contract under paragraph (b) or enters into a direct award contract to which paragraph (c)(ii) refers, it shall prepare and publish a report relating to the operation of the F35[public bus services] to which the original direct award contracts relate, the consideration of any submissions made to it under paragraph (d) and its reasons for making amendments to the original contracts or entering into the subsequent direct award contracts or, where appropriate, the termination of those contracts.

(7) All compensation made available by the Authority for the provision of public passenger transport services to which a contract under this section applies must be made in accordance with the Annex to Regulation 1370/2007.

(8) (a) The Minister may, where he or she considers it appropriate in order to achieve the Government’s transport objectives or to ensure compliance with an act of an institution of the European Community, issue directions at his or her sole discretion to the Authority and, as appropriate, Dublin Bus, Bus Éireann or Irish Rail in relation to the provision of public passenger transport services to which this section relates.

(b) Where the Minister issues a direction under this subsection, the Authority and Dublin Bus, Bus Éireann or Irish Rail, as appropriate, shall comply with that direction.

53. Public passenger transport services provided by CIÉ.

53.— Notwithstanding section 13 of the Act of 1950 and section 8 of the Act of 1986, Irish Rail, Dublin Bus and Bus Éireann shall be empowered to enter into public transport services contracts with the Authority and shall be bound by the terms and conditions of such contracts in relation to the public passenger transport services specified in the contracts.

54. Public service contracts in respect of services partially outside GDA.

54.— F37[…]

55. General provision relating to the operation of this Chapter.

55.— (1) The Authority may issue guidelines relating to the making of public transport services contracts under this Chapter and the operation of the public passenger transport services to which such contracts may relate, and may amend or cancel such guidelines.

(2) The Authority shall carry out a review of the operation of this Chapter not later than 5 years after the commencement of this section and at least once every 5 years thereafter.

(3) The Authority shall submit a report to the Minister of the findings of a review carried out under this section.

(4) Notwithstanding subsection (2), the Minister may from time to time request the Authority to carry out a review of the operation of any or all of the provisions of this Chapter and make a report to him or her of the findings of that review.

(5) Nothing in this Chapter shall affect in any way the powers given to the Minister under section 26 of the Act of 1986 to give policy directions to CIÉ.

56. Operator of last resort.

56.— The Authority may provide public passenger transport services where a public transport operator—

(a) is unable to meet its contractual commitments because of its financial position,

(b) withdraws from providing or fails to provide services specified in a public transport services contract, or

(c) fails on a persistent and sustained basis to meet the performance standards specified in a public transport services contract.

56A. F38[Powers of Authority to make bye-laws for public passenger transport services (other than rail passenger services), enforcement etc.

56A.—(1) Subject tosubsection (8), bye-laws may be made by the Authority in relation to the performance by the Authority of any function conferred on it in connection with the provision of public passenger transport services (other than in respect of a rail passenger service, including light railway and metro) whether pursuant to a public transport services contract or a direct award contract undersection 52, other than in respect of such a contract awarded by the Authority to Dublin Bus or BusÉireann, in relation to any one or more of the following matters:

(a) the general regulation, subject to any statutory provisions in that behalf, of the travelling by way of or use of such means of transport services, (including a requirement to travel with a valid ticket or pass and the issue of such);

(b) the prevention of the commission of nuisances in or upon such means of transport services;

(d) the removal from or the prohibition of the use on such means of transport services of any vehicle or thing which is or may become a danger to life, health, the provision or the operation of public passenger transport services or would otherwise interfere with the proper provision or the operation of such transport services;

(e) the safe custody and return or disposal of any property found on a vehicle or equipment used in the provision of public passenger transport services.

(2) Bye-laws under this section may contain such incidental, subsidiary and ancillary provisions as the Authority considers necessary or expedient for the purposes of the bye-laws.

(3) The Authority may provide for reasonable charges in respect of matters provided for in bye-laws made by it under this section.

(4) Whenever the Authority proposes to make bye-laws under this section, the following provisions have effect—

(a) the Authority shall, publish notice of the proposal—

(i) on its website, and

(ii) in at least 2 national newspapers circulating within the State or in the area to which the bye-laws relate,

(b) the notice shall include—

(i) a statement of the purposes for which the bye-laws are to be made,

(ii) an intimation that—

(I) a copy of the draft bye-laws is open for public inspection at the principal offices in the State of the Authority, and

(II) the draft bye-laws are published on the Authority’s website,

and

(iii) an intimation that any person may submit to the Authority objections to the draft bye-laws at any time during the period of 30 days commencing on the date of the publication of the notice,

(c) the Authority shall, during that period of 30 days, keep a copy of the draft bye-laws open for public inspection during ordinary office hours at its principal offices, and publish the draft on its website,

(d) any person who objects to the draft bye-laws may submit his or her objection to the Authority in writing at any time during that period of 30 days and the Authority shall consider the objections, and

(e) on the completion of that period of 30 days, the Authority shall as it thinks proper, refrain from making the bye-laws or make the bye- laws either without modification or with modification as it thinks proper.

(5) The Authority shall publish bye-laws made by it under this section on its website.

(6) Such details of bye-laws under this section shall be displayed on a public transport vehicle or equipment used in the provision of public passenger transport services, where practicable, in conspicuous places in such manner as the Authority considers best adapted for giving information to the public.

(7) The failure to publish undersubsection (5)or any absence to display undersubsection (6)is not a defence to a contravention of or failure to comply with bye-laws under this section.

(8) Bye-laws under this section shall not be made without the prior written consent of the Minister.

(9) A person who contravenes or fails to comply with a bye-law under this section which is stated in the bye-laws to be a penal provision commits an offence and is liable on summary conviction to a class D fine.

(10) The liability of an offender to a fine undersubsection (9)does not prejudice the recovery of any fare, tariff or fee payable by him or her to the Authority or the person providing the public passenger transport services for any damage caused by him or her to property of the Authority or such person.

(11) Every bye-law made by the Authority 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 bye-law is passed by either such House within the next 21 days on which that House sits after the bye-law is laid before it, the bye-law is annulled, but without prejudice to anything previously done under it.]

56B. F39[Authorised persons

56B.(1) The Authority may appoint in writing such and so many persons as it considers necessary to be authorised persons to perform any or all of the functions conferred on an authorised person undersection 56Cor56D.

(2) A person appointed as an authorised person undersubsection (1), shall, on his or her appointment be furnished by the Authority with a warrant of his or her appointment and when exercising a power conferred on an authorised person undersection 56Cshall, if requested by any person affected, produce the warrant to that person for inspection.

(3) An authorised person, who is not a member of the Garda Síochána, is not entitled to exercise a power undersection 56Cunless he or she has received training and instruction, which, in the opinion of the Authority is such as will provide guidance to him or her in the exercise of the power.

(4) The Authority shall endorse on the warrant it furnishes to an authorised person undersubsection (2)a statement to the effect that the officer has received the training and instruction referred to insubsection (3).

(5) An authorised person, who is not a member of the Garda Síochána, when exercising a power under this section shall be in uniform provided or authorised by the Authority.

(6) An authorised person, who is not a member of the Garda Síochána, may be referred to by the Authority by such title as it decides.]

56C. F40[Powers of authorised person

56C.(1) If an authorised person appointed in accordance withsection 56Breasonably suspects that a person—

(a) is contravening or has contravened or is failing or has failed to comply with a bye-law made undersection 56Awhich is stated to be a penal provision,

(b) is assaulting or has assaulted or is causing or has caused deliberate harm to another on a public passenger transport service to whichsection 56Aapplies,

(c) is obstructing or has obstructed or is impeding or has impeded an authorised person exercising a function of an authorised person under this section or under any bye-laws made undersection 56A,

(d) on any public transport service to whichsection 56Aapplies is intoxicated or is committing or has committed an offence undersection 15of theMisuse of Drugs Act 1977, or

(e) if requested by an authorised person to cease such contravention or action or to so comply, fails to comply with the request,

he or she may—

(i) using such reasonable force as the circumstances require, remove or escort the person from the public passenger transport service or any part of it,

(ii) in circumstances where the authorised person considers it to be justified, arrest the person without warrant, or

(iii) require the person to give his or her name and address and, if the person fails or refuses to do so or gives a name that the authorised person reasonably suspects is false or misleading, arrest that person without warrant,

and, if he or she is not a member of the Garda Síochána, deliver, as soon as practicable, the person, if arrested, into the custody of a member of the Garda Síochána to be dealt with according to law.

(2) A person who fails or refuses to give his or her name or address when required undersubsection (1), or gives a name or address which he or she knows to be false or misleading, commits an offence and is liable on summary conviction to a class D fine.

(3) The arrest of a person under this section does not prejudice the re-arrest of the person by a member of the Garda Síochána.

(4) In this section a reference to the committal of an offence or an act includes a reference to an attempt to commit the offence or the act.

(5) In this section andsection 56D"authorised person" means a person appointed undersection 56B(1)or a member of the Garda Síochána whose attendance is requested by an authorised person or by the Authority.]

56D. F41[Fixed payment notice

56D.(1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence undersection 56A(9)(for a contravention or failure to comply with a provision of a bye-law made under that section) orsection 56C(2), he or she may serve personally or by post on the person a notice ("fixed payment notice") in the prescribed form stating that—

(a) the person is alleged to have committed the offence specified in the notice,

(b) the person may, during the period of 21 days beginning on the date of the notice, make to the Authority at the address specified in the notice a payment of€100, or such other amount standing specified in regulations made by the Minister, accompanied by the notice, duly completed,

(d) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice underparagraph (b)and, if a payment specified in the notice is made during the period so specified, accompanied by the notice, duly completed, no prosecution in respect of the alleged offence will be instituted.

(2) Where a fixed payment notice is given undersubsection (1)—

(a) the person to whom the notice applies may, during the period specified in the notice, make to the Authority at the address specified in the notice the payment specified in the notice, accompanied by the notice, duly completed,

(b) the Authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

(c) a prosecution in respect of the alleged offence to which the notice relates will not be instituted during the period specified in the notice, and, if the payment so specified is made during the period so specified, no prosecution in respect of the alleged offence will be instituted.

(3) In a prosecution for an offence referred to insubsection (1)the onus of proving that a payment pursuant to a fixed payment notice has been made lies on the defendant.

(4) In any proceedings in respect of an offence referred to insubsection (1)a document purporting to be a certificate or receipt of posting or delivery by or on behalf of An Post or another postal service is evidence of the posting or delivery of a fixed payment notice.

(5) Income generated by the payment of the fixed payment amount specified undersubsection (1)(b)pursuant to a fixed payment notice shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform.

(6) In this section "prescribed" means prescribed in bye-laws made by the Authority undersection 56A.]

Chapter 3

57. Promotion of public transport.

57.— (1) The Authority shall either itself or in co-operation with other persons promote the use of public transport F42[…].

(2) The Authority shall, for the purposes of promoting public transport, design, develop and secure the implementation of a single brand to be used by all public transport operators providing services in accordance with a public transport services contract with the Authority F42[…].

(3) The Authority may give a direction to a public transport operator providing services in accordance with a public transport services contract or a public transport authority to take such actions as, in the view of the Authority, are necessary to ensure the promotion of public transport and the promotion and use of a single public transport brand F42[…].

58. Integrated ticketing scheme.

58.— (1) The Authority shall develop, procure, implement, operate and maintain an integrated ticketing scheme in a fair and non-discriminatory manner for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63.

(2) The Authority may assign any or all of its functions in relation to the development, procurement, implementation, operation and maintenance of an integrated ticketing scheme to a third party.

(3) The Authority may terminate or vary at any time an assignment of functions under subsection (2).

(4) The Authority shall prescribe measures for the regulation of an integrated ticketing scheme including revenue-sharing among the public transport operators involved.

(5) Any integrated ticketing system established or in design at the time of commencement of this section, in accordance with the order revoked by subsection (11), is transferred to the Authority. Any contract entered into by or property belonging to the RPA in relation to such a system transfers to the Authority.

(6) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate to—

(a) be members of an integrated ticketing scheme,

(b) install any necessary equipment in their vehicles, at their premises or at the premises of persons acting as their agents, and

(7) Notwithstanding subsection (6), the Authority and a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract may enter into an agreement for the purposes of the public transport operator being a member of an integrated ticketing scheme.

(8) Where during the development of an integrated ticketing scheme the Authority—

(a) gives a direction under subsection (6)(b) or (c) to a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract, or

(b) makes an agreement under subsection (7),

it shall reimburse the public transport operator such additional costs in relation to the installation and integration of the integrated ticketing equipment as is deemed reasonable by the Authority.

(9) (a) The Authority is the owner of any information or data related to an integrated ticketing scheme generated by—

(i) the Authority or a third party who has been assigned a function under subsection (2), or

(ii) a public transport operator who is a member of the integrated ticketing scheme.

(b) The Authority or a third party who has been assigned a function under subsection (2) shall provide adequate safeguards to ensure the security of commercially sensitive data received from members of the integrated ticketing scheme and shall ensure that such data are not disclosed to third parties without the consent of the relevant member.

(c) Nothing in paragraph (b) prevents the use of information or data generated or provided under this section for the purposes of other functions of the Authority, or the provision of the data to other statutory authorities for the discharge of their functions, provided that such use does not result in the disclosure of, what is in the opinion of the Authority, commercially sensitive information in relation to an identifiable person or public transport operator except with the consent of such person or operator.

(10) Where the Authority terminates or varies an assignment in accordance with subsection (3), it shall recompense the assignee for the reasonable costs, if any, incurred by it up to the time of termination or variation.

(11) The Transport (Railway Infrastructure) Act 2001 (Additional Functions) (Integrated Ticketing) Order 2002 (S.I. No. 84 of 2002) is revoked.

(12) In this section “integrated ticketing scheme” means a scheme of ticketing which enables a passenger to access one or more public passenger transport services for a single trip or multiple trips on such services, irrespective of the number of public passenger transport services or operators involved in making that trip or those trips.

59. Fares scheme.

59.— (1) The Authority may develop, procure, implement, operate and maintain a fares scheme for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63.

(2) The Authority may assign any or all of its functions in relation to the development, procurement, implementation and maintenance of a fares scheme to a third party.

(3) The Authority may terminate or vary at any time an assignment of functions under subsection (2).

(4) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate—

(a) to be members of a fares scheme,

(b) concerning the means and frequency by which costs and revenues are to be shared amongst members of the scheme in a transparent and non-discriminatory manner,

(d) concerning procedures for the provision, maintenance and confidentiality of data required to operate the scheme,

(e) concerning procedures for the resolution of grievances, and

(f) concerning the retention of moneys to cover the administrative costs of operating the scheme.

(5) Notwithstanding subsection (4), where the Authority and a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract agree to do so, the Authority may enter into an agreement with such public transport operator for the purposes of the public transport operator being a member of a fares scheme.

(6) Where the Authority—

(a) gives a direction under subsection (4)(a) to a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract it shall, or

(b) makes an agreement under subsection (5) it may,

reimburse the public transport operator such net loss of revenue, if any, in relation to participation in such scheme and in assessing such net loss of revenue, the Authority shall take into account revenue losses incurred or likely to be incurred by the operator which would not otherwise have been incurred, less any additional revenue or other benefits received or likely to be received by the operator by virtue of participating in such a scheme.

(7) Where the Authority terminates or varies an assignment in accordance with subsection (3), it shall recompense the assignee for the reasonable costs, if any, incurred by it up to the time of termination or variation.

(8) In this section “fares scheme” means a scheme made by the Authority which specifies the nature, conditions and levels of fares to be charged by members of the scheme for journeys made on public passenger transport services and for any ancillary matters.

60. Integrated public transport information scheme.

60.— (1) The Authority may develop, procure, implement, operate and maintain an information scheme (“integrated information scheme”) for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63.

(2) The integrated information scheme—

(a) shall provide an integrated multi-modal timetable of public passenger transport services to inform users of the full range and times of public passenger transport services available including details on the accessibility elements of such services,

(b) shall, where practicable, provide for the provision of information to users of public passenger transport services on a real time basis, and

(3) The Authority may decide the means by which the integrated information scheme is made available but it shall, at minimum, ensure that the timetable referred to in subsection (2)(a) is available in accessible paper and electronic formats including on the internet. The Authority shall endeavour to make the integrated information scheme available in alternative, accessible formats.

(4) The Authority shall ensure that the integrated information scheme is as up-to-date as is reasonable and practicable at all times.

(5) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate for the provision of the integrated information scheme to—

(a) generate and provide information in a manner, form and within a time specified by the Authority, and

(b) comply with any requirements specified by the Authority for an integrated information scheme.

(6) The Authority may assign any or all of its functions in relation to the development, procurement, implementation, operation and maintenance of an integrated information scheme to a third party.

(7) The Authority may terminate or vary at any time an assignment of functions under subsection (6).

(8) Where the Authority terminates or varies an assignment in accordance with subsection (7), it shall recompense the assignee for the reasonable costs incurred, if any, by it up to the time of termination or variation.

(9) (a) The Authority is the owner of any information or data related to an integrated information scheme generated by—

(i) the Authority or a third party who has been assigned a function under subsection (6), or

(ii) a public transport operator pursuant to a direction under subsection (5).

(b) The Authority or a third party who has been assigned a function under subsection (6) shall provide adequate safeguards to ensure the security of commercially sensitive data generated or provided under this section in relation to the integrated information scheme and shall ensure that such data are not disclosed to third parties without the consent of any relevant public transport operator.

61. Road user information system.

61.— (1) The Authority may develop, procure, implement, operate and maintain an information system (“ road user information system ”) in the GDA to provide road users with information, including real-time information, on traffic and travel conditions.

(2) The Authority may decide the means by which the road user information system is made available.

(3) The Authority shall consult with and consider the views of the NRA and road authorities before exercising its functions under subsection (1) or (5)(a).

(4) Where the NRA or a road authority proposes to establish a road user information system in the GDA or proposes to modify an existing road user information system, it shall consult with and consider the views of the Authority.

(5) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority may—

(a) give a direction to the NRA or a road authority in respect of any road user information system in the GDA provided by or on behalf of the NRA or road authority,

(b) in the exercise of its functions under subsection (1), give a direction to the NRA, a road authority, a public transport operator, an operator of a tolling scheme, or such other holders of information as it considers necessary for the provision of the road user information system to—

(i) generate and provide information in a manner, form and within a time specified by the Authority, and

(ii) comply with any requirements specified by the Authority for a road user information system.

(6) The Authority may assign any or all of its functions in relation to the development, procurement, implementation, operation and maintenance of a road user information system to the NRA, a road authority or any other person.

(7) The Authority may terminate or vary at any time an assignment of functions under subsection (6).

62. Access to bus stops, bus stands and bus and railway stations.

62.— (1) The Authority may designate any bus stop, bus stand, bus or railway station F43[…] to be a shared facility (“shared facility”).

(2) Where a bus stop, bus stand, bus or railway station handles public passenger transport services which include services which originate or terminate outside the functional area of the Authority, a designation under subsection (1) may only be made with the consent of the Minister.

(3) The Authority shall specify either generally or in relation to a class of shared facility or in relation to an individual shared facility the conditions under which the owner or operator of a shared facility shall allow access to the shared facility by a public transport operator, including but not limited to—

(a) the level of access to be allowed,

(b) the services (including structures and equipment) to be made available, and

(c) the level of any compensation to be paid by a public transport operator to the owner or operator of a shared facility in respect of such access and the provision of such services.

(4) The Authority shall, where it is considering the making of a designation under subsection (1) or the specifying of conditions under subsection (3), consult with and consider the views of the owner and operator of the relevant facility or facilities and with any public transport operator or other person who might be affected by the making of the designation as the Authority deems appropriate.

(5) Where the Authority designates a shared facility under subsection (1) that designation shall (notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company) be deemed to be a direction given by the Authority requiring the owner or operator of the shared facility or facilities concerned to comply with the conditions specified by the Authority under subsection (3).

(6) The Authority shall ensure that the level of compensation which is payable by a public transport operator to the owner or operator of a shared facility in accordance with the conditions specified under subsection (3) shall be determined on a reasonable cost, non-discriminatory basis, having regard to appropriately depreciated costs incurred by the owner or operator concerned in providing, maintaining and operating that shared facility.

(7) The Authority may publish guidelines on access to shared facilities (including the design, construction and operation of such facilities) and public transport operators and owners or operators of a shared facility shall have regard to these guidelines when operating or using such shared facilities.

(8) For the purposes of this section, a bus station and a railway station means a place at which persons, who are not employees of a public transport operator, access or alight from public passenger transport services.

63. Extension of remit of Authority.

63.— (1) The Minister may by order extend the functions assigned to the Authority under section 58, 59 or 60 to apply—

(a) to a specified area or areas outside the GDA either generally or in respect of a specified class or classes of public passenger transport services, or

(b) in respect of public passenger transport services or a specified class or classes of public passenger transport services provided outside the GDA by a specified public transport operator.

(2) The Authority may, by agreement with a public transport operator, include services provided by that operator which do not operate exclusively within the GDA under the remit of any function of the Authority under this Part.

Chapter 4

64. Strategic traffic management plan.

64.— (1) The Authority shall prepare, adopt and implement a strategic traffic management plan for the GDA (“ traffic management plan ”) to identify the actions to be taken to secure, in the view of the Authority, the optimal movement of persons, goods and vehicles.

(2) In preparing the traffic management plan, the Authority shall have regard to—

(a) current and projected traffic volumes,

F44[(b) relevant regional spatial and economic strategy (within the meaning of the Act of 2000) under Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates,]

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

(e) demographic, economic and social trends in the GDA,

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

(g) any significant impacts on the movement of persons, goods and vehicles arising from construction and other works, and

(h) such other matters as may be prescribed by the Minister from time to time or as the Authority considers appropriate.

(3) A traffic management plan shall in particular identify the actions to be taken to ameliorate the impact on the movement of persons, goods and vehicles arising from construction works and other works in relation to the provision of transport infrastructure and utility works, whether carried out by a road authority or a third party. The plan shall also identify the actions to be taken to provide and maintain accessible routes for people with disabilities during any such works.

(4) The Authority shall, in the course of preparing a traffic management plan, consult with and consider the views of the NRA, road authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities and companies and other interested parties in the GDA and shall invite written public submissions on the plan.

(5) The Authority shall ensure that the traffic management plan is reviewed and a new plan adopted not later than 6 years after the adoption of the previous plan.

(6) Notwithstanding subsection (5), the Authority shall review its traffic management plan and adopt a new plan at any time where the Authority deems it appropriate to do so or following a direction from the Minister to carry out such a review.

65. Local traffic plans.

65.— (1) A road authority shall prepare, adopt and implement a traffic plan (“local traffic plan”) for its functional area for the effective management of traffic which is consistent with the strategic traffic management plan under section 64 within 6 months of its publication.

(2) A road authority shall have regard to any relevant guidelines issued by the Authority under section 66 in preparing a local traffic plan.

(3) A local traffic plan shall—

(a) specify the—

(i) use by the road authority of the net proceeds of parking or other traffic management revenues for traffic management or other transport-related purposes within its functional area, and

(ii) measures to be taken to manage utility or other works, whether carried out by the road authority or a third party, on roads in the functional area of the road authority to ameliorate the impact of such works on the movement of persons, goods and vehicles, and

(b) identify the actions to be taken to—

(i) ameliorate the impact on the movement of persons, goods and vehicles arising from construction works and other works in relation to the provision of transport infrastructure and utility works, whether carried out by the road authority or a third party, and

(ii) provide and maintain accessible routes for people with disabilities during any such works.

66. Traffic management guidelines.

66.— (1) The Authority may, in relation to the implementation of its traffic management plan F45[for the GDA] or otherwise for the purposes of traffic management F45[in the State], issue guidelines to road authorities in relation to all or any of the following:

(a) the location and provision of traffic signs (within the meaning of section 95 of the Act of 1961),

(b) the location of bus stops and bus stands,

(c) the design, provision, maintenance and operation of traffic information systems and traffic management control systems,

(d) the design, provision, maintenance and management of bus priority schemes and walking and cycling facilities,

(e) the design, provision and management of facilities for the parking of vehicles,

(f) the design and management of planned construction works which are likely to affect traffic management, and

(g) the additional works or activities, if any, within the statutory responsibilities of road authorities that the Authority deem appropriate for the effective implementation of its traffic management plan.

(2) Before issuing guidelines to a road authority under subsection (1), the Authority shall consult with and consider the views of the NRA in relation to the proposed guidelines.

(3) The Authority may, until the commencement of section 16 of the Road Traffic Act 2002, in relation to the implementation of its traffic management plan or otherwise for the purposes of traffic management, issue guidelines to the Commissioner in relation to the location of bus stops and bus stands.

(4) The Authority may where it deems it appropriate to do so revise or withdraw a guideline under this section.

(5) Road authorities and the Commissioner, as the case may be, shall have regard to guidelines issued by the Authority under this section.

67. Directions to road authorities.

67.— (1) The Authority may, for the purposes of the implementation of the traffic management plan or otherwise for the purposes of traffic management, give a direction to a road authority to—

(a) acquire land by making a compulsory purchase order or otherwise,

(b) prepare, or arrange for the preparation of, designs for specified works,

(d) undertake, or arrange for the undertaking of, a traffic management scheme, and

(e) do anything which arises out of or is consequential on or is necessary or expedient for the purposes of or would facilitate traffic management.

(2) Before giving a direction under subsection (1) to a road authority, the Authority shall consult with and consider the views of the road authority.

(3) A direction under subsection (1) may specify the time within which such direction is to be complied with and such other matters as the Authority considers necessary.

68. Performance by Authority of functions of road authority.

68.— (1) Where—

(a) a road authority refuses or fails to comply with a direction under section 67, or

(b) in any case in which it appears to the Authority that the circumstances so warrant,

the Authority may decide, notwithstanding any other enactment, to perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.

(2) The Minister may prescribe a class of case in which a decision by the Authority under subsection (1) does not have effect unless or until it is approved by him or her.

(3) Where a decision is made by the Authority under subsection (1) to perform a particular function otherwise than through a road authority, the following have effect—

(a) the Authority is empowered (notwithstanding any other enactment) to perform the function 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, and

(b) any enactment concerned applies in relation to the performance of the function subject to such modifications as may be necessary.

69. Allocation of public funds to road authorities for traffic management.

69.— The Authority may allocate moneys and make payments to road authorities or other persons in relation to traffic management.

70. Agreements and arrangements between road authorities in relation to traffic management and other functions of Authority.

70.— (1) Where it appears to the Authority that an agreement ought to be made between road authorities in relation to traffic management or other functions of the Authority, the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.

(2) Any agreement made under subsection (1) shall be submitted to the Authority for its approval and shall have no force or effect until approved by the Authority.

(3) Where any road authority concerned refuses or fails to comply with a request under subsection (1), the Authority may, after affording an opportunity to the road authorities concerned to make representations to it in writing and considering any representations made, give a direction to them to enter into an agreement in accordance with such terms and conditions as it may specify.

(4) An agreement entered into under this section shall not be revoked save with the consent of the Authority.

71. Demand management.

71.— (1) The Authority shall pursue the implementation of demand management measures in the GDA.

(2) The Authority may make a demand management scheme for the GDA setting out the measures which it proposes to take itself or through public transport authorities or other persons to implement demand management measures.

(3) The Authority may, notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, give a direction to a public transport authority in relation to the implementation of demand management measures.

(4) (a) The Authority may issue guidelines to public transport authorities or to other public bodies in relation to the implementation of demand management measures.

(b) In this subsection “public body” means Minister of the Government or any body established by or under statute.

(5) The Authority may allocate moneys and make payments to public transport authorities or other persons in relation to demand management measures.

(6) The Authority shall keep under review—

(a) existing and future transport demand in the GDA,

(b) the effectiveness of demand management measures in operation under this section,

(d) the effectiveness of the provisions of this Act and any other relevant statutory provisions, in relation to demand management measures,

and may from time to time submit to the Minister such proposals in relation to additional measures as it considers necessary or desirable and which would require additional statutory powers to implement.

(7) In this section “demand management measures” means measures which promote a reduction in the total amount of travel or reduced growth in the total amount of travel and includes measures to—

(a) reduce the need to travel,

(b) reduce the use of mechanically propelled vehicles and particularly private cars,

(d) encourage travel at less congested periods other than by means of a congestion charge, and

(e) reduce trip length.

Chapter 5

72. Research.

72.— The Authority may—

(a) promote and engage in research in relation to any of its functions, either alone or in co-operation with other persons, and

(b) allocate moneys and make payments to persons in relation to such research.

73. Information, data and statistics.

73.— (1) The Authority shall—

(a) collect, compile, analyse and prepare information, data or statistics, including that or those gathered by ticketing systems operated by public transport operators F46[…], for the purpose of exercising its functions, and

(b) on a regular basis, publish information, data or statistics on—

(i) numbers of persons using differing modes of transport,

(ii) satisfaction levels with public passenger transport services,

(iii) travel times to work, and

(iv) such other matters as the Authority considers appropriate in respect of its functions.

(2) The Minister may give a direction to the Authority to collect, compile, prepare and publish such information, data or statistics that he or she may specify in writing to the Authority regarding the performance of the Authority in exercising its functions.

(3) The Minister shall consult the Authority, and may consult any other person he or she considers appropriate, before giving a direction under subsection (2).

(4) The Authority may require a person who holds information, data or statistics relating to the functions of the Authority, to give to the Authority such information, data or statistics in such form (including electronic form) and at such reasonable times or intervals, as the Authority specifies.

(5) Save as otherwise provided by law, the Authority shall ensure commercially sensitive information obtained under this section is not disclosed.

Chapter 6

74. Relationship between Authority and NRA.

74.— (1) The Authority may, for the purposes of securing priority for public transport on national roads in the GDA, give a direction to the NRA to—

(a) acquire land by making a compulsory purchase order or otherwise,

(b) prepare, or arrange for the preparation of, designs for specified transport infrastructure construction, maintenance or improvement works,

(d) prepare or arrange for the preparation of a traffic management scheme, or

(e) do anything which arises out of or is consequential on or is necessary or expedient on or adjacent to a road or proposed road development which comes within the remit of the NRA.

(2) Where in the opinion of the Authority, the NRA is exercising its functions in a manner inconsistent with a transport strategy, integrated implementation plan, traffic management plan, or demand management measures, the Authority may give a direction to the NRA to exercise its functions in a manner which is consistent with the strategy, plan or measures.

(3) Before giving a direction under this section, the Authority shall consult with and consider the views of the NRA.

(4) (a) Subject to paragraph (b), where the NRA refuses or fails to comply with a direction under this section, the Authority may decide, notwithstanding any other enactment and in any case where 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.

(5) The NRA shall consult with and consider the views of the Authority in exercising its functions under the Act of 1993 in the GDA.

(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only—

(a) F47[prepare] a toll scheme under section 57,

(b) adopt a toll scheme under section 58,

(d) make bye-laws in relation to the operation and management of a toll road under section 61, or

(e) enter into an agreement under section 63,

of that Act with the consent of the Authority.

(7) A reference in section 65 and section 66A (inserted by section 277 of the Act of 2000) of the Act of 1993 to the Minister, where it relates to a toll scheme wholly or partly in the GDA, is to be read as a reference to the Authority.

75. NRA and road authorities to ensure consistency with transport strategy in exercising their functions in GDA.

75.— (1) The NRA, with regard to its activities within the GDA, and the road authorities shall ensure that they exercise their functions in a manner consistent with the transport strategy of the Authority.

(2) Where in the opinion of the Authority, a road authority is exercising its functions in a manner inconsistent with a transport strategy, integrated implementation plan, traffic management plan, or demand management measures, the Authority may give a direction to the road authority to exercise its functions in a manner which is consistent with the strategy, plan or measures.

(3) Before giving a direction under this section, the Authority shall consult with and consider the views of the road authority concerned.

76. Relationship between Authority and DAA, port developers and State bodies.

76.— (1) Notwithstanding the State Airports Act 2004, the Dublin Airport Authority shall obtain and consider the written views of the Authority prior to undertaking the development of any airport facility or any other related development which, in its opinion, could impact in a significant manner on the movement of persons or goods in the GDA.

(2) Prior to any person undertaking the development of any port facility or any other port related development, which, in the opinion of that person could impact in a significant manner on the movement of persons or goods in the GDA, that person shall obtain and consider the written views of the Authority.

(3) The Authority and F48[the Road Safety Authority] shall, in carrying out their functions—

(a) have regard to the policies, strategies and plans of each other, and

(b) which may impact on the functions of the other or where in their opinion it is in the interests of transport users in general that they do so, consult with each other and consider the views of the other.

(4) F49[…]

(5) F49[…]

PART 4 Enforcement

77. Prosecution of summary offences and penalties.

77.— (1) Proceedings for an offence under this Act may be brought and prosecuted summarily by the Authority.

(2) A person guilty of an offence under section 38(3), 39(1) or 78(9) is liable on summary conviction to a fine not exceeding €5,000.

78. Authorised officers and powers to call for production of documents, information, etc.

78.— (1) The Authority may appoint such and so many persons as it sees fit to be authorised officers for the purpose of obtaining such information or of carrying out such inspections or any other functions as the Authority may deem necessary for the exercise by the Authority F50[of its functions under this Act, under Part 3 of the Act of 2003 with particular reference to section 49 of that Act or underPart 2of the Public Transport Regulation Act 2009.]

(2) A person appointed to be an authorised officer by the Authority shall, on his or her appointment, be furnished by the Authority with a certificate of his or her appointment which will indicate the matters in respect of which he or she may act under this section and the period during which the authorisation stands.

(3) An authorised officer, when exercising a power conferred under this section shall, if requested by any person thereby affected, produce the certificate to that person for inspection together with an appropriate form of identification.

(4) In this section and in section 79 “documents, records or other information” includes—

(a) books, accounts, rolls, registers, papers and other documents, whether—

(i) comprised in bound volume, loose-leaf binders or other loose-leaf filing system, loose-leaf ledger sheets, pages, folios or cards, or

(ii) kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form,

(b) every electronic or other automatic means, if any, by which any such thing in non-legible form is so capable of being reproduced, and

(c) documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process.

(5) Subject to this section, an authorised officer may, in respect of the functions of the Authority, serve on a public transport authority or public transport operator a notice in writing, requiring the public transport authority or public transport operator, as the case may be, within such period as may be specified in the notice, not being less than 21 days from the date of the service of the notice, to do either or both of the following, namely—

(a) to deliver to, or to make available for inspection by, the authorised officer such documents, records or other information as are in the possession, power or procurement of the public transport authority or public transport operator and as contain, or may (in the authorised officer’s opinion formed on reasonable grounds) contain, information relevant to the functions of the Authority,

(b) to give to the authorised officer, in writing or otherwise, such information, explanations and particulars as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to the functions of the Authority,

and which are specified in the notice.

(6) Where, in compliance with the requirements of a notice served on a public transport authority or public transport operator under subsection (5), a public transport authority or public transport operator makes available for inspection by an authorised officer, documents, records or other information, the public transport authority or public transport operator shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the documents, records or other information, in so far as they are in a non-legible form, are capable of being reproduced in a legible form, and any data equipment or any associated apparatus or material.

(7) Where, under subsection (5), a public transport authority or public transport operator makes documents, records or other information available for inspection by the authorised officer, the authorised officer may make extracts from or copies of all or any part of the documents, records or other information.

(8) Nothing in this section shall be taken to compel the production by any person of a document which he or she would be exempt from production in proceedings in a court on the ground of legal professional privilege.

(9) A person who—

(a) obstructs or impedes an authorised officer in carrying out his or her functions under this section, or

(b) gives false or misleading information, explanations or particulars to an authorised officer when required under subsection (5),

commits an offence.

79. Application to High Court for order for information.

79.— (1) Where a public transport authority or public transport operator fails to comply with the requirements of a notice in accordance with section 78, an authorised officer may make an application to a judge of the High Court for an order requiring a public transport authority or public transport operator, to do either or both of the following, namely—

(a) to deliver to the authorised officer, or to make available for inspection by the authorised officer, such documents, records or other information as are in the power, possession or procurement of the public transport authority or public transport operator and as contain, or may (in the authorised officer’s opinion formed on reasonable grounds) contain, information relevant to the functions of the Authority,

(b) to give to the authorised officer such information, explanations and particulars as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to the functions of the Authority,

and which are specified in the application.

(2) Where the judge, to whom an application is made under subsection (1), is satisfied that there are reasonable grounds for the application being made, that judge may, subject to such conditions as he or she may consider proper and specify in the order, make an order requiring the public transport authority or public transport operator to whom the application relates—

(a) to deliver to the authorised officer, or to make available for inspection by the authorised officer, such documents, records or other information, and

(b) to give to the authorised officer such information, explanations and particulars,

as may be specified in the order.

80. Directions and enforcement.

80.— (1) Notwithstanding any enactment, other rules of law, or, in the case of a company any provision contained in the memorandum and articles of association of that company, a person to whom a direction is given by the Authority shall take all such measures as are necessary to comply with such direction without delay.

(2) The Minister may prescribe a class of case in which the Authority shall not give a direction unless it has submitted a draft of the direction to him or her for approval prior to being given.

(3) Compliance by a person with a direction does not give rise to a breach of any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company. No action or other proceedings lie or are maintainable against a person as a result of such compliance.

(4) Section 27 of the Companies Act 1990 does not apply to the Authority in respect of directions.

(5) Where a person fails or refuses to comply with a direction the Authority may apply to the High Court for an order requiring the person to comply with the direction.

(6) Where the Authority gives a direction to a person, the direction shall be addressed to the person and shall be given to the person in one of the following ways—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person carries on business,

(c) by sending it by post in a pre-paid letter addressed to the person at the address at which the person carries on business,

(d) if an address for the giving of a direction has been furnished by the person, by leaving it at, or sending it by pre-paid post addressed to the person to, that address,

(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person carries on business or, if an address for the giving of a direction has been furnished by the person, that address:

Provided that—

(i) the sender’s—

(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or

(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction,

and

(ii) the direction or reply is also given in one of the other ways mentioned in any of the preceding paragraphs.

(7) For the purposes of subsection (6), a company registered under the Companies Acts is deemed to be ordinarily resident at its registered offices, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

(8) A copy of a direction, which has endorsed on it a certificate purporting to be signed by an officer of the Authority (authorised in that behalf by the Authority) stating that the copy is a true copy of the direction may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction.

(9) In this section “direction” means a direction given by the Authority under Part 3.

PART 5 Land Use Provisions

Chapter 1

81. Amendment of section 2 of Act of 2000 — definitions.

81.— Section 2(1) of the Act of 2000 is amended by inserting after the definition of—

(a) “development plan” the following:

“ ‘DTA’ means Dublin Transport Authority;”,

(b) “Gaeltacht” the following:

“ ‘Greater Dublin Area’ (‘GDA’) has the meaning assigned to it by section 3 of the Dublin Transport Authority Act 2008;”,

“ ‘regional authorities within the GDA’ means the Dublin Regional Authority and the Mid-East Regional Authority;”, and

(d) “Transboundary Convention” the following:

“ ‘transport strategy’ has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008;”.

82. Amendment of section 9 of Act of 2000 (obligation to make development plans).

82.— Section 9 of the Act of 2000 is amended by inserting after subsection (6) the following:

“(6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA.”.

83. Amendment of section 11 of Act of 2000 (preparation of draft development plan).

83.— Section 11 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31B and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.”.

84. Amendment of section 12 of Act of 2000 (making of development plan).

84.— Section 12 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan.”.

85. Amendment of section 13 of Act of 2000 (variation of development plan).

85.— Section 13 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31D and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed variation.”.

86. Amendment of section 19 of Act of 2000 (application and content of local area plans).

86.— Section 19 of the Act of 2000 is amended by inserting after subsection (2) the following:

“(2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA.”.

87. Amendment of section 20 of Act of 2000 (consultation and adoption of local area plans).

87.— Section 20 (as amended by section 9 of the Act of 2002) of the Act of 2000 is amended by inserting after subsection (3)(c) the following:

“(cc) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan.”.

88. Amendment of section 21 of Act of 2000 (power to make regional planning guidelines).

88.— Section 21 of the Act of 2000 is amended by substituting subsections (1) and (2) with the following:

“(1) A regional authority—

(a) may—

(i) after consultation with the planning authorities within its region, or

(ii) in the case of the regional authorities within the GDA, after consultation with the planning authorities within their regions and the DTA,

(b) shall, at the direction of the Minister,

make regional planning guidelines.

(2) Regional planning guidelines may be made for a whole region or for one or more parts of a region, but shall, in the case of the GDA, be made jointly by the regional authorities within the GDA.”.

89. Amendment of section 23 of Act of 2000 (content and objectives of regional planning guidelines).

89.— Section 23 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(c) When making regional planning guidelines the regional authorities within the GDA shall ensure that the guidelines are consistent with the transport strategy of the DTA.”.

90. Amendment of section 24 of Act of 2000 (consultation regarding regional planning guidelines).

90.— Section 24 of the Act of 2000 is amended by inserting after subsection (5) the following:

“(5A) When the regional authorities within the GDA prepare the draft of the regional planning guidelines they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

(a) a statement explaining how the regional authorities propose to address the matters identified in the report of the DTA prepared in accordance with section 31F, and

(b) where the regional authorities do not propose to address, or propose to only partially address, any matter identified in the report of the DTA prepared in accordance with section 31F, a statement of the reasons for that course of action.”.

91. Amendment of section 25 of Act of 2000 (procedure for making regional planning guidelines).

91.— Section 25 of the Act of 2000 is amended by inserting after subsection (3) the following:

“(3A) When the regional authorities in the GDA make regional planning guidelines they shall include in the guidelines a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

(a) a statement explaining how the regional authorities propose to address the matters identified in the report of the DTA prepared in accordance with section 31G, and

(b) where the regional authorities do not propose to address, or propose only to partially address, any matter identified in the report of the DTA prepared in accordance with section 31G, a statement of the reasons for that course of action.”.

92. Amendment of section 31 of Act of 2000 (ministerial directions regarding development plans).

92.— Section 31 of the Act of 2000 is amended by—

(a) inserting after subsection (1) the following:

“(1A) (a) Where a submission received by the Minister prepared in accordance with section 31C(1) or section 31D(1) contains a statement of the type referred to, respectively, in section 31C(1)(b) or section 31D(1)(b) the Minister may, for stated reasons, direct a planning authority to take such specified measures, as he or she may require, to review or vary the draft development plan or proposed variation to ensure consistency between the draft development plan or proposed variation and the transport strategy of the DTA and the authority shall comply with any such direction.

(b) Where the Minister decides not to issue a direction under this subsection, he or she shall inform the DTA in writing of the reasons for such decision.

(c) Nothing in this subsection shall preclude the Minister from issuing a direction in circumstances other than those referred to in paragraph (a).”,

and

(b) substituting for subsection (4) the following:

“(4) In exercising any power conferred on them by the Act, neither the manager nor the elected members of any planning authority shall exercise the power in conflict with any direction which the Minister may give under subsections (1), (1A) or (2).”.

93. Insertion of new section 31A into Act of 2000 (ministerial directions regarding regional planning guidelines).

93.— The Act of 2000 is amended by inserting after section 31 the following:

“31A.— (1) Where the Minister considers that any draft regional planning guidelines fail to set out an overall strategy for the proper planning and sustainable development of the area of a regional authority or otherwise significantly fail to comply with this Act, the Minister may, within 4 weeks of receipt of a notice under section 24(4), for stated reasons, direct the authority, or authorities, to take such specified measures as he or she may require to ensure that the regional planning guidelines, when made, are in compliance with this Act and, notwithstanding the requirements of Chapter III, the authority shall comply with any such direction.

(2) (a) Where a submission received by the Minister prepared in accordance with section 31G(1) contains a statement of the type referred to in section 31G(1)(b), the Minister may, for stated reasons, direct the authorities to take such specified measures, as he or she may require, to review the draft regional planning guidelines to ensure consistency between the draft regional planning guidelines and the transport strategy of the DTA and the authorities shall comply with any such direction.

(b) Where the Minister decides not to issue a direction under this subsection, he or she shall inform the DTA in writing of the reasons for such decision.

(c) Nothing in this subsection shall preclude the Minister from issuing a direction in circumstances other than those referred to in paragraph (a).

(3) Where the Minister considers that any regional planning guidelines fail to set out an overall strategy for the proper planning and sustainable development of the area of the authority or otherwise significantly fail to comply with this Act, the Minister may, within 4 weeks of the making of guidelines under section 24(6), for stated reasons, direct the regional authority, or authorities, to take such specified measures, as he or she may require to review the regional planning guidelines to ensure compliance with this Act and the authority shall comply with any such direction.

(4) Where the Minister directs a regional authority to take specified measures under subsection (3), he or she may specify any of those provisions of Chapter III which are to apply in respect of such specified measures and any other provisions of that Chapter shall be disregarded.

(5) In exercising any power conferred on it by this Act, a regional authority shall not exercise the power in conflict with any direction which the Minister may give under subsections (1) to (3).

(6) The Minister shall cause a copy of any direction issued under this section to be laid before each House of the Oireachtas.

(7) A regional authority shall make available for inspection by members of the public any direction issued to it under this section.”.

94. Amendment of Fourth Schedule to Act of 2000 (reasons for the refusal of permission which exclude compensation).

94.— The Fourth Schedule (as amended by section 247 of the Local Government Act 2001) to the Act of 2000 is amended by inserting after paragraph 20A the following:

“20B. The proposed development would not be consistent with the transport strategy of the DTA.”.

95. Insertion of new Part (DTA and land use provisions) into Act of 2000.

95.— The Act of 2000 is amended by inserting after Part II the following:

“PART IIA

DTA and Land Use Provisions.

DTA role in preparation of draft development plan.

31B.— (1) Where a notice is received by the DTA under section 11(2) it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in the review of its existing development plan and the preparation of a new development plan.

(2) The report under subsection (1) shall address, but shall not be limited to—

(a) the transport investment priorities for the period of the development plan,

(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,

(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

(d) recommendations on the matters to be addressed in the development plan to ensure the effective integration of transport and land use planning.

DTA role in making of development plan.

31C.— (1) Where a notice is received by the DTA under section 12(1) it shall, as part of any written submission on the draft development plan, state whether, in its view, the draft development plan is—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the draft plan it considers necessary to achieve such consistency.

(2) The DTA shall send copies of a submission prepared under this section to the Minister and the Minister for Transport.

DTA role in variation of development plan.

31D.— (1) Where a notice is received by the DTA under section 13(2) it shall, as part of any written submission on the proposed variation, state whether, in its view, the proposed variation is—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the proposed variation it considers necessary to achieve such consistency.

(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.

DTA role in the making, amending or revoking of local area plans by planning authorities.

31E.— (1) Where a notice is received by the DTA under section 20(3)(a)(i), it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in making, amending or revoking a local area plan.

(2) The report under subsection (1) shall address, but shall not be limited to—

(a) the transport investment priorities for the period of the local area plan,

(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,

(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

(d) recommendations on the matters to be addressed in the local area plan to ensure the effective integration of transport and land use planning.

Co-operation of DTA with regional authorities.

31F.— (1) Where the regional authorities within the GDA intend to make regional planning guidelines in accordance with section 24, or to review existing guidelines under section 26, they shall, as soon as may be, consult with the DTA in order to make the necessary arrangements for making the guidelines.

(2) The DTA shall assist and co-operate with the regional authorities in the GDA in making arrangements for the preparation of regional planning guidelines and in carrying out the preparation of the guidelines.

(3) (a) In carrying out its function under subsection (2), the DTA shall prepare and submit to the regional authorities, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional authorities in making regional planning guidelines.

(b) The report prepared under paragraph (a) shall address, but shall not be limited to—

(i) the transport investment priorities for the period of the regional planning guidelines,

(ii) the scope, if any, to maximise the performance of the transport system by effective land use planning,

(iii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

(iv) recommendations on the matters to be addressed in the regional planning guidelines to ensure effective integration of transport and land use planning.

DTA role in preparation of draft regional planning guidelines.

31G.— (1) Where a notice is received by the DTA under section 24(4) it shall, as part of any written submission on the draft regional planning guidelines, state whether, in its view, the draft regional planning guidelines are—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the draft guidelines it considers necessary to achieve such consistency.

(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.

Request by DTA for Minister to issue guidelines or policy directives.

31H.— The DTA may, in relation to its functions, request the Minister to issue guidelines under section 28 or a policy directive under section 29 to a planning authority within the GDA.

Requirement for transport impact assessment for certain classes of development.

31I.— (1) The Minister may, in respect of the GDA and following consultation with the DTA, make regulations specifying—

(a) classes of development, including strategic infrastructure development, requiring the submission of a transport impact assessment in respect of applications for development, and

(b) the format and content of a transport impact assessment.

(2) Regulations under subsection (1) may require that a transport impact assessment demonstrate that the proposed development in respect of which the assessment has been prepared would be consistent with the transport strategy of the DTA.

(3) Before granting permission for a development which requires a transport impact assessment under regulations made under subsection (1), a planning authority shall satisfy itself that the applicant has demonstrated that the proposed development would be consistent with the transport strategy of the DTA.

(4) In this section ‘transport impact assessment’ means a report outlining what additional transport impacts a particular proposed development will generate and how it will integrate into existing transport patterns.

Transport strategy and planning process.

31J.— In any case in the GDA where—

(a) a planning or local authority, a regional or State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or

(b) a planning authority or An Bord Pleanála is carrying out any relevant function under any other Act,

the transport strategy of the DTA shall be a consideration material to the proper planning and sustainable development of the area or areas in question.”.

Chapter 2

96. Amendment of section 3 of Act of 1997 — definitions.

96.— Section 3(1) of the Act of 1997 is amended by inserting after the definition of—

(a) “development plan” the following:

“ ‘DTA’ means the Dublin Transport Authority;”, and

(b) “statutory body” the following:

“ ‘transport strategy’ has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008.”.

97. Amendment of section 16 of Act of 1997 (council).

97.— Section 16(6) of the Act of 1997 is amended, on the dissolution of the Dublin Transportation Office in accordance with section 102, by substituting for paragraph (f) the following:

“(f) the chief executive officer of the DTA or an employee of that Authority nominated by the chief executive officer shall be so appointed,”.

98. Amendment of section 24 of Act of 1997 (master plan).

98.— Section 24 of the Act of 1997 is amended by—

(a) substituting subsection (2)(b)(ix) with the following:

“(ix) include proposals, consistent with the transport strategy of the DTA, relating to transportation within the Dublin Docklands Area and to that Area and its environs, including proposals in relation to pedestrian ways,”,

and

(b) inserting after subsection (3)(b) the following:

“(bb) consult with the DTA,”.

99. Amendment of section 25 of Act of 1997 (planning schemes).

99.— Section 25 of the Act of 1997 is amended by—

(a) substituting subsection (2)(d) with the following:

“(d) proposals, consistent with the transport strategy of the DTA, relating to transportation”,

and

(b) inserting after subsection (3)(c) the following:

“(cc) consult with the DTA,”.

100. Amendment of section 2 of Act of 2005 — definitions.

100.— Section 2(1) of the Act of 2005 is amended by inserting after the definition of “superannuation benefits” the following:

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