SPORT IRELAND ACT 2015

• (3) For the purposes of this paragraph, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only that he or she or any company or other body or person mentioned in subparagraph (2) has an interest which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question in respect of the matter or in performing any function in relation to the matter.

• (4) Sport Ireland shall determine any question as to whether a course of conduct, if pursued by a person, would be a failure by him or her to comply with subparagraph (1) and particulars of the determination shall be recorded in the minutes of a meeting at which the determination is made.

• (5) If a disclosure is made under subparagraph (1) at a meeting of Sport Ireland, a committee or a subsidiary, particulars of the disclosure shall be recorded in the minutes of the meeting.

• (6) The Minister, where he or she is satisfied that a member of Sport Ireland or a committee or a director of a subsidiary has contravened subparagraph (1), may remove the member or director from office, and a person removed from office pursuant to this paragraph shall thenceforth be disqualified for being a member of Sport Ireland or a committee or a director of a subsidiary.

• (7) Where a person other than a person to whom subparagraph (6) applies contravenes subparagraph (1), Sport Ireland or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract for services with the person.

• (8) Section 194 of the Companies Act 1963 shall not apply to a director of a subsidiary.

• (9) Nothing in this paragraph shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with Sport Ireland or a subsidiary.

• (10) In this paragraph “connected relative” in relation to a person, means a spouse, civil partner, parent, brother, sister, child or the spouse, or civil partner, of a child of that person.

Confidential information

• (a) a member of Sport Ireland or a committee;

• (b) a director of a subsidiary;

• (c) a member of the staff of Sport Ireland or a subsidiary;

• (d) a consultant or adviser engaged by Sport Ireland or a subsidiary, or an employee of such a consultant or adviser;

• (e) a person engaged by Sport Ireland or a subsidiary in any other capacity.

• (2) Where the Minister is satisfied that a member of Sport Ireland or a committee or a director of a subsidiary has contravened subparagraph (1), he or she may, if he or she thinks fit, remove that member or director from office, and, where a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for being a member of Sport Ireland or a committee or a director of a subsidiary.

• (3) Where a person mentioned in clause (c), (d) or (e) of subparagraph (1) contravenes that subparagraph, Sport Ireland or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract of service or a contract for services with the person.

• (4) Nothing in subparagraph (1) shall prevent the disclosure of information to Sport Ireland or, as appropriate, a subsidiary or by or on behalf of Sport Ireland to the Minister.

• (5) In this paragraph “confidential information” includes—

• (a) information that is expressed by Sport Ireland or a subsidiary to be confidential either as regards particular information or as regards information of a particular class or description, or

• (b) information relating to proposals of a commercial nature or to tenders submitted to Sport Ireland or a subsidiary by a contractor, a consultant or any other person.

SCHEDULE 2 Provisions Relating to Compulsory Acquisition

Section 26(1) and (2)

1. (1) Where Sport Ireland proposes to acquire compulsorily any land or any interest in or right over land under section 26, Sport Ireland shall apply to the Minister for an order under paragraph 2 authorising Sport Ireland to acquire the land, or acquire or use the right, compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.

• (2) Sport Ireland shall publish a notice, in such form as the Minister approves, of the application in one or more newspapers circulating in the area of the land concerned and serve a copy of the notice on every person who appears to Sport Ireland to have an estate or interest in the land in so far as it is reasonably practicable to ascertain such persons.

• (3) The notice referred to in subparagraph (2) shall include a provision notifying persons having an estate or interest in the land concerned that they have the right to lodge with the Minister, within one month of the making of the application by Sport Ireland, an objection to the making of an order under paragraph 2 in relation to the land and shall specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.

• (4) The Minister shall consider and determine any objection to the application of Sport Ireland lodged with him or her within the period referred to in subparagraph (3) and the Minister may, if he or she thinks fit, appoint an adviser to assist him or her in relation thereto.

• (2) Sport Ireland shall not—

• (a) enter on or take possession of any land under this paragraph without giving to the occupier of the land not less than one month’s previous notice in writing of its intention so to do, or

• (b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised not less than one month’s previous notice in writing of its intention so to do.

• (2) Where, for any reason, the envelope cannot be so addressed, it may be served on the person for whom it is intended by sending it by registered post in an envelope addressed to “the occupier” without stating his or her name at the land to which the notice relates.

• (2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

• (3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

• (4) The maps, plans and books of reference shall be deposited at such place or places as Sport Ireland, with the consent of the Minister, considers suitable and shall remain so deposited for not less than one month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of 10 o’clock in the morning and 4 o’clock in the afternoon on every day except Saturdays, Sundays and public holidays.

• (2) Sections 69 to 83 of the Lands Clauses Consolidation Act 1845 shall apply to the said price and, subject to paragraphs 7 and 8, to the conveyance to Sport Ireland of the land or right acquired, and for the purpose of the application of the said provisions Sport Ireland shall be deemed to be the promoters of the undertaking.

• (a) the several interests in the land have not been conveyed or transferred to Sport Ireland,

• (b) it is urgently necessary, in connection with the purposes for which Sport Ireland has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

• (c) Sport Ireland has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his or her interest to enable Sport Ireland to make a proper offer for such interest,

then the Minister may make an order (in this Schedule referred to as “a vesting order”) vesting the land in Sport Ireland.

• (2) Where the Minister or Sport Ireland, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Minister for Agriculture, Food and the Marine or to the Commissioners of Public Works in Ireland, or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Minister or Sport Ireland, as the case may be, shall forthwith inform the Minister for Agriculture, Food and the Marine, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

• (3) When a vesting order has been made, Sport Ireland shall within 7 days after having received notification from the Minister of the making of the order—

• (a) publish in one or more newspapers circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the said land and naming a place where a copy of the order may be seen at all reasonable times, and

• (b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

• (2) Notwithstanding anything in subparagraph (1), where Sport Ireland has acquired, by a vesting order, land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, Sport Ireland shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as may be apportioned by the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been conveyed to Sport Ireland by the owner thereof on that date.

• (3) When the Minister makes a vesting order in relation to any land, he or she shall cause the order to be sent to the registering authority under the Registration of Deeds and Title Act 2006 and thereupon the registering authority shall cause Sport Ireland to be registered as owner of the land in accordance with the order.

Footnotes