Dublin Docklands Development Authority (Dissolution) Act 2015

PART 1 General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Dublin Docklands Development Authority (Dissolution) Act 2015.

(2) The Dublin Docklands Development Authority Act 1997 and this Act may be cited together as the Dublin Docklands Development Authority Acts 1997 and 2015.

(3) Part 5 shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Definitions

2. In this Act—

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

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

“Authority” has the meaning assigned to it by section 6;

“certificate” means a certificate issued by the Authority under section 25(7)(a)(ii) of the Act of 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986;

“Chairperson” means the person appointed under section 39(2);

“Chief Executive” means the Chief Executive of Dublin City Council;

“communities” means residential and business communities;

“Council” means Dublin City Council;

“Custom House Docks Development Authority Planning Scheme” means the scheme approved by the Minister under section 12(5) of the Urban Renewal Act 1986 on 16 February 1995, as amended by the scheme approved by the Minister under section 25(5) of the Act of 1997 on 26 August 1998;

“development” has the same meaning as it has in the Act of 2000;

“dissolution day” means the day appointed under section 5;

“Docklands North Lotts Area Planning Scheme” means the scheme approved by the Minister under section 25(5) of the Act of 1997 on 5 June 2002, as amended by the scheme approved by the Minister under that section of that Act on 26 June 2006;

“docklands planning schemes” means the Custom House Docks Development Authority Planning Scheme, the Docklands North Lotts Area Planning Scheme and the Grand Canal Dock Planning Scheme;

“Dublin Docklands Area” has the same meaning as it has in the Act of 1997;

“Forum” has the meaning assigned to it by section 37(1);

“Grand Canal Dock Planning Scheme” means the scheme approved by the Minister under section 25(5) of the Act of 1997 on 21 December 2000, as amended by the scheme approved by the Minister under that section of that Act on 26 June 2006;

“master plan” means the master plan adopted on 27 November 2008 by the Authority under section 24 of the Act of 1997;

“Minister” means the Minister for the Environment, Community and Local Government;

“prescribed” means prescribed by regulations made by the Minister;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) the Health Service Executive,

(d) a board or other body (but not including a company under the Companies Acts) established by or under statute,

(e) a company under the Companies Acts, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (d) or sub paragraph (i) or (ii),

and

(f) the Child and Family Agency;

“register” means the register kept by the Council under section 7 of the Act of 2000;

“strategic development zone” means the site to which the planning scheme approved by An Bord Pleanála under section 169(7)(a) of the Act of 2000 on 16 May 2014 applies;

“strategic policy committee” means a committee established by the Council under section 48 of the Local Government Act 2001;

“use” has the same meaning as it has in the Act of 2000;

“works” has the same meaning as it has in the Act of 2000.

3. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses of Minister

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Dissolution of Authority

5. Dissolution day

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

6. Dissolution of Authority

6. On the dissolution day, the Dublin Docklands Development Authority (in this Act referred to as the “Authority”) shall stand dissolved.

PART 3 Provisions Consequential on Dissolution

7. Transfer of functions

7. (1) All functions that, immediately before the dissolution day, were vested in the Authority under subsections (1) (with the exception of functions vested under subparagraphs (i), (ii) and (iii) of paragraph (b)), (2), (3), (5) and (6) of section 18 of the Act of 1997 shall on that day stand transferred to the Council.

(2) References in any enactment (other than this Act) or instrument under an enactment to the Authority shall, to the extent that such references relate to a function transferred to the Council under this section, on and after the dissolution day, be construed as references to the Council.

8. Transfer of land and other property

8. (1) On the dissolution day, all lands that, immediately before that day, were vested in the Authority and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Council for all the estate or interest therein that, immediately before the dissolution day, was vested in the Authority, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) On the dissolution day, all property (other than land), including choses-in-action, that, immediately before that day, was vested in the Authority shall stand vested in the Council without any assignment.

(3) Every chose-in-action vested in the Council by virtue of subsection (2) may, on and from the dissolution day, be sued on, recovered or enforced by the Council in its own name, and it shall not be necessary for the Council, or the Authority, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

9. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Authority

9. (1) All rights and liabilities of the Authority arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day, shall on that day stand transferred to the Council.

(2) All rights, liabilities and obligations of or to the Authority arising by virtue of any condition imposed by it under section 25(7)(c)(ii) of the Act of 1997 shall stand transferred to the Council on the dissolution day.

(3) Every right, liability and obligation transferred by subsections (1) and (2) to the Council may, on and after the dissolution day, be sued on, recovered or enforced by or against the Council in its own name, and it shall not be necessary for the Council, or the Authority, to give notice to the person whose right, liability or obligation is transferred by those subsections of such transfer.

(4) Every lease, licence, wayleave or permission granted by the Authority in relation to land or other property vested in the Council by or under this Act, and in force immediately before the dissolution day, shall continue in force as if granted by the Council.

10. Liability for loss occurring before dissolution day

10. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of the functions of the Authority shall, on and after that day, lie against the Council and not against the Authority.

(2) Any legal proceedings pending immediately before the dissolution day to which the Authority is a party, shall be continued on and after that day, with the substitution in the proceedings of the Council for the Authority and the proceedings shall not abate by reason of such substitution.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates and the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, insofar as they are enforceable against the Authority be enforceable against the Council and not the Authority.

(4) Any claim made or proper to be made by the Authority in respect of any loss or injury arising from the act or default of any person before the dissolution day shall on and after that day be regarded as having been made by or proper to be made by the Council and may be pursued and sued for by the Council as if the loss or injury had been suffered by the Council.

11. Provisions consequent upon transfer of assets and liabilities to Council

11. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Authority may be carried on or completed on or after the dissolution day by the Council.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made by the Authority shall, if and insofar as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Council.

(3) References to the Authority in the memorandum of association or articles of association of any company and relating to the functions of the Authority shall, on and after the dissolution day, be construed as references to the Council.

(4) Any money, stocks, shares or securities transferred by section 8 that immediately before the dissolution day were standing in the name of the Authority shall, on the request of the Council, be transferred into its name.

(5) A certificate signed by the Minister that any property, right, liability or obligation has or, as the case may be, has not vested in the Council under section 8 or 9 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

(6) Section 11(1) of the Act of 1997 is amended, with effect from the dissolution day, by the substitution of “Dublin City Council” for “Authority” where it first occurs.

12. Records held by Authority on dissolution day

12. Each record held by the Authority immediately before the dissolution day is on that day transferred to the Council and is, on and from that day, held by the Council.

13. Admissibility in evidence of documents

13. (1) All books and other documents directed or authorised by or under any enactment to be kept by the Authority and which, immediately before the dissolution day, would be receivable in evidence shall, notwithstanding the dissolution of the Authority, be admitted in evidence on or after the dissolution day as fully as if this Act 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 Authority would, if verified in a particular manner by a particular officer of the Authority, have been admissible immediately before the dissolution day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the Chief Executive or by an officer of the Council (whose official position it shall not be necessary to prove) authorised by the Chief Executive 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 Act had not been enacted.

14. Superannuation

14. (1) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of, or in respect of, a person who is a former member of the staff of the Authority (including those former members of staff of the Authority who are deceased) shall be determined, and the benefit shall be calculated and paid, by the Council in accordance with such scheme, arrangements or enactments in relation to superannuation as applied in respect of the person immediately before the dissolution day.

(2) All functions in relation to superannuation under any scheme, arrangement or enactment that, immediately before the dissolution day, vested in the Authority shall on and from that day vest in the Council.

15. Final accounts and final report of Authority

15. (1) As soon as may be after the dissolution day, but not later than 12 months thereafter, the Council shall, in respect of the period specified under subsection (3), prepare final accounts of the Authority and furnish them to the Minister.

(2) Accounts furnished to the Minister pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.

(3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the Authority.

(4) The Council shall, not later than 12 months after the dissolution day, prepare and submit to the Minister the final annual report of the Authority and the Minister shall, as soon as practicable thereafter, cause a copy of the final annual report to be laid before each House of the Oireachtas.

PART 4 Planning Arrangements

16. Status of master plan and docklands planning schemes

16. (1) The master plan shall cease to have effect on the dissolution day.

(2) The docklands planning schemes shall cease to have effect on the dissolution day.

(3) The master plan ceasing to have effect shall not affect the validity of anything done in accordance with the master plan before it ceased to have effect.

(4) The docklands planning schemes ceasing to have effect shall not affect the validity of—

(a) any certificate, or

(b) anything done in accordance with the docklands planning schemes before they ceased to have effect.

17. Applications for certificates

17. An application for a certificate shall not be accepted by the Authority after the date of the passing of this Act.

18. Application for determination of substantial commencement

18. (1) The Council shall publish in Iris Oifigiúil,in one or more newspapers circulating in the State and on its website, on or as soon as may be after the dissolution day, a notice stating that applications may be made in writing to the Council for a determination under section 20.

(2) An application for a determination under section 20 shall be made within 60 working days of the date of publication of the notice referred to in subsection (1).

(3) An application for a determination under section 20 shall—

(a) be in writing in the form specified by the Council,

(b) specify—

(i) the name of the applicant and the address at which the applicant ordinarily resides or carries on business or, in the case of a body corporate or unincorporated body, the registered office, principal office or place of business of the body,

(ii) the name of the person, if any, acting on behalf of the applicant and the address at which that person ordinarily resides or carries on business or, in the case of a body corporate or unincorporated body, the registered office, principal office or place of business of the body,

(iii) the telephone number and e-mail address, if any, of the applicant and of the person, if any, acting on behalf of the applicant,

(iv) the address to which any correspondence relating to the application should be sent,

(v) the date and reference number of the certificate to which the application relates,

(vi) the development to which the certificate relates,

(vii) the date of commencement of the development to which the certificate relates,

(viii) the date on which the development is expected to be completed,

(ix) the location, townland or postal address of the land concerned, and

(x) the legal interest held by the applicant in the land concerned,

(c) include payment of the application fee of €65, and

(d) include particulars of the work carried out as of the dissolution day.

19. Further information - application for determination of substantial commencement

19. (1) Where the Council receives an application made under section 18, the Council may, by notice in writing, request the applicant—

(a) to submit such further information as it may require to consider the application, or

(b) to produce any evidence which it may reasonably require to verify any particulars or information given in or in relation to the application.

(2) Where an applicant does not comply with any request under subsection (1) within 4 weeks of such request being made, the Council shall refuse the application.

20. Determination of substantial commencement

20. (1) The Council shall consider the information submitted by the applicant under section 18 (and any information submitted following a request under section 19(1)) and shall determine by reference to—

(a) the extent of works carried out or change of use, and