Dublin Transport Authority Act 2008

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

101. Amendment of section 12 of Act of 2005 (strategic plan).

101.— Section 12 of the Act of 2005 is amended by—

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

“(c) proposals, consistent with the transport strategy of the Dublin Transport Authority, relating to transport requirements,”,

and

(b) in subsection (3)(b), on the dissolution of the DTO in accordance with section 102, by substituting “the Dublin Transport Authority” for “the Dublin Transportation Office”.

PART 6 Dissolution of DTO and Transfer of Employees of DTO and RPA

102. Dissolution of DTO.

102.— (1) The Minister shall, at the request of the Authority, dissolve the DTO on such day (“dissolution day”) as the Minister may appoint by order.

(2) On the dissolution day the Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995) is revoked.

(3) In this Part “dissolution day” means the day appointed by the Minister by order under subsection (1) for the dissolution of the DTO.

103. Transfer of land and other property.

103.— (1) On the dissolution day, all land which, immediately before that day, was vested in the DTO and all rights, powers and privileges relating to or connected with that land shall, without any conveyance, transfer or assignment, stand vested in the Authority for all the estate or interest for which it was vested in the DTO but subject to all trusts and equities affecting that land subsisting and capable of being performed.

(2) On the dissolution day, all property other than land (including chose-in-action), which, immediately before that day, was the property of the DTO shall, without any transfer or assignment, stand transferred to the Authority.

(3) Every chose-in-action transferred by subsection (2) may, on and after the dissolution day, be sued upon, recovered or enforced by the Authority in its own name and it shall not be necessary for the Authority to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

(4) All moneys, stocks, shares and securities transferred to the Authority by subsection (2) which, immediately before the dissolution day, are in the name of the DTO shall, upon the request of the Authority, be transferred into its name.

104. Transfer of rights and liabilities.

104.— All rights and liabilities held, enjoyed, or incurred by virtue of any contract or commitment (expressed or implied) entered into by the DTO shall, on the dissolution day, subject where necessary to transfer in the books of any bank, corporation or company, stand transferred to the Authority.

105. Preservation of existing contracts.

105.— (1) Every bond, guarantee or other security of a continuing character made or given by the DTO to another person or by any person to the DTO and in force immediately before the dissolution day and every contract or agreement in writing made between the DTO and any other person and not fully executed and completed before the dissolution day shall, notwithstanding the dissolution of the DTO, continue in force on and after the dissolution day but shall be construed and have effect as if the Authority was substituted therein for the DTO.

(2) Every other document granted or made by the DTO which is in force immediately before the dissolution day shall continue in force on and after that day as if it had been granted or made by the Authority and shall be construed and have effect and be enforceable by or against the Authority.

106. Continuance of legal proceedings.

106.— In all legal proceedings to which the DTO was a party and pending immediately before the dissolution day, the name of the Authority shall be substituted in the proceedings for the DTO and the proceedings shall not abate by reason of such substitution.

107. References in legislation to DTO.

107.— References to the DTO contained, immediately before the dissolution day, in any statute or statutory instrument made under statute or in the memorandum or articles of association of any company shall, in so far as they relate to anything transferred by this Act be read on and after that day as references to the Authority.

108. Final accounts.

108.— (1) Final accounts in respect of the DTO shall be drawn up.

(2) Notwithstanding section 102 the Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995) continues in force and has effect in relation to accounts drawn up under subsection (1).

109. Admissibility in evidence of documents.

109.— (1) All books and other documents directed or authorised by or under any enactment to be kept by the DTO and which, immediately before the dissolution day, would be receivable in evidence shall, notwithstanding the dissolution of the DTO, be admitted in evidence on or after the dissolution day as if this Part had not been enacted.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by the DTO would, if verified in a particular manner by a particular officer of that body, have been admissible immediately before the dissolution day as evidence of those contents, an extract from or certificate of the contents of that book or document shall, if verified in such particular manner by an officer of the Authority (whose official position it shall not be necessary to prove) authorised by the Authority in that behalf, be admitted, on or after the dissolution day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Part had not been enacted.

(3) A copy of or extract from any document referred to in subsection (1) produced by the Authority and certified to be a true copy under the hand of an officer of that Authority (whose official position it shall not be necessary to prove) authorised by the Authority for that purpose shall in all legal proceedings be admissible in evidence as of equal validity with the original document and no process for compelling the production of any such document by the Authority shall issue from any court except with the leave of that court.

110. Transfer of employees of DTO and RPA.

110.— (1) (a) Each person who, immediately before the dissolution day, was an employee of the DTO is, on that day, transferred to and becomes an employee of the Authority.

(b) The RPA may, with the consent of the Minister, designate for employment by the Authority any person employed by the RPA and whose principal duties relate to a function assigned or transferred to the Authority under this Act, or to be so assigned or transferred to the Authority.

(c) The RPA shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade union or staff association concerned, of its intention to do so and considered any representations made by him or her or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

(d) The Authority shall accept into its employment a person designated under subsection (1)(b) for employment by it.

(e) Acceptance into the employment of the Authority of a person designated under this section shall have effect on such day or days as may be specified by the Minister after consultation with the Authority.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Authority, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the dissolution day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the dissolution day or such day or days as may be specified by the Minister under subsection (1)(e) are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Authority.

(4) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007,

(b) the Protection of Employees (Part-Time Work) Act 2001,

(c) the Protection of Employees (Fixed-Term Work) Act 2003,

(d) the Organisation of Working Time Act 1997,

(e) the Terms of Employment (Information) Acts 1994 and 2001,

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

(g) the Unfair Dismissals Acts 1977 to 2007,

(h) the Maternity Protection Acts 1994 and 2004,

(i) the Parental Leave Acts 1998 and 2006,

(j) the Adoptive Leave Acts 1995 and 2005, and

(k) the Carer’s Leave Act 2001.

(5) In this section—

‘‘previous service’’ means service before the dissolution day with the DTO or, in the case of persons designated in accordance with subsection (1)(b) means service before such day or days as may be specified by the Minister under subsection (1)(e);

‘‘recognised trade union or association of employees’’ means a trade union or association of employees recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

‘‘terms and conditions of employment’’ includes terms and conditions in respect of tenure of office, remuneration and related matters.

PART 7 Matters Relating to CIÉ and RPA

111. Parking facilities.

111.— (1) Section 8(1) of the Act of 1958 is amended by inserting after paragraph (c) the following:

“(cc) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including charges for failure to comply with bye-laws made under section 22(1)(ee) of the Act of 1950,”.

(2) Section 128 of the Railway Safety Act 2005 is amended by deleting paragraph (a).

112. Bye-laws.

112.— Section 22(1) of the Act of 1950 (as amended by section 128(b) of the Railway Safety Act 2005) is amended by substituting for paragraph (h) the following:

“(h) generally for regulating, subject to any statutory provisions in that behalf—

(i) the travelling upon or use of its vehicles or craft (including a requirement to travel with a valid ticket or pass and the issue of such), and

(ii) the working of transport services provided by the Board,”.

113. Articles of association of companies.

113.— (1) Section 11 of the Act of 1986 is amended by substituting for subsection (2) the following:

“(2) The articles of association of each company shall provide that—

(a) the number of directors (including the chairman) shall be not more than 9,

(b) the chairman and other directors shall be appointed and may be removed from office by the Minister,

(c) the remuneration of the chairman and other directors shall be determined by the Board, with the consent of the Minister and the Minister for Finance,

(d) no person shall be appointed or removed as auditor of the company without the approval of the Board, given with the consent of the Minister, and

(e) the company shall, within a period specified by the Board, set up machinery for the purposes of negotiation concerned with the pay and conditions of its staff and to this end consult with and make every reasonable endeavour to reach agreement with the trade unions concerned.

(2A) Where an appointment or removal is made under—

(a) subsection (2)(b), section 182(1) of the Companies Act 1963 does not apply, or

(b) subsection (2)(d), section 160 of that Act does not apply,

to the appointment or removal.”.

(2) CIÉ shall, as soon as may be, amend the articles of association of the 3 companies formed pursuant to section 6 of the Act of 1986 to give effect to the amendments effected by subsection (1).

(3) The Minister shall appoint persons as directors of the 3 companies formed pursuant to section 6 of the Act of 1986 who, in his or her opinion, have wide experience in relation to transport, commercial, financial, land use planning or environmental matters, the organisation of workers or administration.

114. Disposal of CIÉ property.

114.— (1) Notwithstanding any enactment, other rules of law or, where appropriate, provision contained in the memorandum and articles of association, CIÉ or a company formed under the Act of 1986—

(a) may be directed by, or

(b) shall require the consent of,

the Minister after consultation with the Minister for Finance, in respect of the sale, letting or otherwise disposal of any right or interest in land or any part of the land or property in its ownership in excess of an asset value specified in regulations.

(2) Regulations made under subsection (1) may specify different asset values for different classes of assets or for different purposes.

115. Amendment of Act of 2001.

115.— (1) Section 9 of the Act of 2001 is amended by deleting subsection (4).

(2) Section 11 of the Act of 2001 is amended in subsection (1)(a) by inserting “or, in the case of such railway infrastructure within its functional area, by the Dublin Transport Authority” after “Minister”.

(3) Section 13(1) of the Act of 2001 is amended by inserting “(including fares)” after “make such charges”.

(4) Section 20 of the Act of 2001 is amended by substituting for subsection (12) the following:

“(12) A member of the Agency (other than the chief executive) shall not serve more than 10 years in total.”.

(5) Section 28 of the Act of 2001 is repealed.

(6) Section 38 of the Act of 2001 is amended by substituting for it the following:

“38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000:

(a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;

(b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order.

(2) Part IV of the Act of 2000 does not apply and is deemed never to have applied to developments specified in subsection (1).”.

(7) Section 44(2) of the Act of 2001 (inserted by section 49 of the Planning and Development (Strategic Infrastructure) Act 2006 and as amended by section 3 of the Local Government (Roads Functions) Act 2007) is amended by substituting for paragraph (b) the following:

“(b) specify any rights in, under or over land, water or any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,”.

PART 8 Railway works, etc. on Saint Stephen’s Green

116. Non-application of section 15 of Saint Stephen’s Green (Dublin) Act 1877 to surveys, inspections and railway works and operation of railway, light railway or metro.

116.— Section 15 of the Saint Stephen’s Green (Dublin) Act 1877 does not apply—

(a) to anything done for the purposes of surveys and inspections under section 36 of the Act of 2001,

(b) to any railway works (within the meaning of section 2 of the Act of 2001) carried out on or under Saint Stephen’s Green pursuant to a railway order under section 43 (inserted by section 49 of the Planning and Development (Strategic Infrastructure) Act 2006) of the Act of 2001, or

(c) to restrict the operation of a railway, light railway or metro (within the meaning of section 2 of the Act of 2001) on or under Saint Stephen’s Green.

PART 9 Transport Officers

117. Transport officers.

117.— (1) The Road Transport Act 1986 is amended—

(a) in section 15, by substituting for subsection (1) the following:

“(1) The Road Safety Authority may appoint any of its officers, or such officers of the Minister seconded to serve with the Authority, to be transport officers for the purposes of section 16.”,

(b) in section 17, by substituting “The Road Safety Authority may bring” for “The Minister may bring”, and

(c) in section 18(1)(b), by substituting “the Road Safety Authority” for “the Minister”.

(2) Subsection (5) of section 4 of the Road Safety Authority Act 2006 is repealed.