Tailte Éireann Act 2022

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Tailte Éireann Act 2022.

(2) This Act (other than section 39) shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions and for the repeal of different enactments or provisions of enactments effected by section 5.

(3) Section 39 shall come into operation on such day or days as the Minister for Public Expenditure and Reform may, after consultation with the Minister, by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

2. Interpretation

2. (1) In this Act—

“Act of 1964” means the Registration of Title Act 1964 ;

“Act of 1997” means the Public Service Management Act 1997 ;

“Act of 2001” means the Valuation Act 2001 ;

“Act of 2006” means the Registration of Deeds and Title Act 2006 ;

“Act of 2014” means the Companies Act 2014 ;

“Board” has the meaning given to it by section 9;

“Boundary Surveyor” shall be construed in accordance with the Boundary Survey (Ireland) Act 1854 ;

“chief executive” has the meaning given to it by section 11;

“Commissioner of Valuation” means the Commissioner of Valuation appointed under section 9(5) of the Act of 2001;

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

“dissolved body” has the meaning given to it by section 27;

“empowered person” means a person referred to in paragraph (b) of the definition of “officer of the Commissioner” in section 3 of the Act of 2001;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under—

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b);

“establishment day” means the day appointed by order under section 6;

“Minister” means the Minister for Housing, Local Government and Heritage;

“officer of the Commissioner” has the meaning given to it by section 3 of the Act of 2001;

“OSI Act 2001” means the Ordnance Survey Ireland Act 2001 ;

“strategy statement” means the strategy statement, within the meaning of section 5 of the Act of 1997, of Tailte Éireann.

(2) A reference in this Act to the Boundary Surveyor includes a reference to that person, howsoever described in any enactment or otherwise, including where described as the Chief Boundary Surveyor.

3. Laying of orders

3. Every order (other than an order under section 1 (2) or (3) or section 6) made 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 order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

4. Expenses

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.

5. Repeals

5. The enactments specified in column (2) of Schedule 2 are repealed to the extent specified in column (3) of that Schedule.

PART 2 Establishment of Tailte Éireann

6. Establishment day

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

7. Establishment of Tailte Éireann

7. (1) There shall stand established on the establishment day a body which shall be known as Tailte Éireann to perform the functions conferred on it by or under this Act.

(2) Tailte Éireann shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, have the power to acquire, hold and dispose of land or an interest in land and shall have the power to acquire, hold and dispose of any other property.

(3) The seal of Tailte Éireann shall be authenticated by—

(a) the signatures of both the chief executive and a member of the Board authorised by the Board to act in that behalf, or

(b) the signatures of a member of the staff of Tailte Éireann authorised by the chief executive to act in that behalf and a member of the Board authorised by the Board to act in that behalf.

(4) Judicial notice shall be taken of the seal of Tailte Éireann and any document purporting to be an instrument made by, and to be sealed with the seal of, Tailte Éireann authenticated in accordance with subsection (3), shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

8. Functions of Tailte Éireann

8. (1) The function of Tailte Éireann shall be to perform—

(a) the functions assigned to it by or under this Act,

(b) the functions transferred to it by section 28, and

(c) such other functions as may be assigned to it from time to time by or under any other enactment.

(2) Tailte Éireann shall have all such powers as are necessary or expedient for the performance of its functions.

(3) The Minister may, after consultation with Tailte Éireann and any other Minister of the Government, who in the opinion of the Minister is concerned, by order confer on Tailte Éireann such additional functions connected with the functions for the time being of Tailte Éireann or services or activities that Tailte Éireann may provide or carry on as the Minister considers appropriate.

(4) An order under subsection (3) may contain such incidental, supplementary provisions as appear to the Minister to be necessary or appropriate for the purposes of the order.

(5) Tailte Éireann shall, in the performance of its functions under this Act, have regard to any policy or objective of the Government or a Minister of the Government in so far as it may affect or relate to the functions of Tailte Éireann.

(6) Tailte Éireann shall, subject to the provisions of this Act, be independent in the performance of its functions.

(7) The Minister may inform Tailte Éireann of any policy or objective of the Government or of a Minister of the Government referred to in subsection (5).

9. Board of Tailte Éireann

9. (1) There shall be a Board of Tailte Éireann (in this Act referred to as “the Board”).

(2) The provisions of Schedule 1 shall have effect in relation to the Board.

10. Functions of Board

10. (1) The Board shall have the following functions:

(a) to guide generally the strategic direction of Tailte Éireann;

(b) to guide and advise the chief executive in relation to the performance by Tailte Éireann of its functions where the Board is consulted by, or such advice and guidance is requested by, the chief executive in accordance with section 15;

(c) to oversee the implementation by the chief executive of the strategy statement;

(d) to advise or make recommendations to the Minister in relation to policies of the Government or a Minister of the Government affecting the functions of Tailte Éireann.

(2) The Board may do anything which it considers necessary or expedient to enable it to perform its functions.

(3) The Board, in the performance of its functions under this Act, shall have regard to any policy or objective of the Government or a Minister of the Government in so far as it may affect or relate to the functions of Tailte Éireann.

(4) The Minister may inform the Board of any policy or objective of the Government or of a Minister of the Government referred to in subsection (3).

(5) Nothing in this section shall be construed as enabling the Board to exercise any power or control in relation to the performance, in a particular case or in particular circumstances, of functions conferred on Tailte Éireann by or under this Act.

11. Chief executive of Tailte Éireann

11. (1) Subject to subsection (2), the Minister shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Act 1956 to be the chief executive of Tailte Éireann (in this Act referred to as the “chief executive”).

(2) Subsection (1) shall not apply to a person appointed to be the first chief executive of Tailte Éireann under subsection (6).

(3) The chief executive shall hold office on such terms and conditions (including those relating to term of office, remuneration, allowances and superannuation) as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform.

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

(5) Where, before the establishment day, a competition has been held under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 for the purpose of appointing a chief executive of Tailte Éireann, the Minister may designate the successful candidate as the person to be appointed to be the first chief executive of Tailte Éireann.

(6) If, immediately before the establishment day, a person stands designated by the Minister under subsection (5), the Minister shall on the establishment day appoint that person to be the first chief executive.

(7) The chief executive of Tailte Éireann shall hold a position in the Civil Service of the State.

12. Resignation, removal of chief executive

12. (1) The chief executive may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the date specified in the notice or the date on which the Minister receives the notice, whichever is later.

(2) The Minister may, at any time, remove the chief executive for stated reasons.

13. Functions of chief executive

13. (1) The chief executive shall be the accounting officer, for the purposes of the Comptroller and Auditor General Acts 1866 to 1998, in relation to the appropriation accounts of Tailte Éireann.

(2) The chief executive shall be the principal officer and the Head of Tailte Éireann for the purposes of the Act of 1997.

(3) Tailte Éireann shall act through, and its functions shall be performed in the name of Tailte Éireann by the chief executive or another member of staff of Tailte Éireann duly authorised in that behalf by the chief executive.

(4) The chief executive shall—

(a) carry out and manage and control generally the staff, administration and business of Tailte Éireann,

(b) at the request of the Board, promptly provide it with such information (including financial information) as the Board may require, in particular in relation to—

(i) the functions of the chief executive and the implementation by him or her of the policies of the Government or a Minister of the Government affecting the functions of Tailte Éireann,

(ii) the strategic direction of Tailte Éireann, and

(iii) the implementation by the chief executive of the strategy statement,

and

(c) provide the Minister with such information relating to the performance of the functions of the chief executive as the Minister may require.

14. Acting chief executive

14. (1) Subject to subsection (2), the Minister may appoint a person to perform the functions of the chief executive during—

(a) any period or periods when the chief executive is absent from duty or from the State or is, for any other reason, unable to perform the functions of chief executive,

(b) any suspension from office of the chief executive, or

(c) any vacancy in the office of chief executive.

(2) A person shall not be appointed to perform the functions of the chief executive for a continuous period of more than 12 months during a vacancy in the office of chief executive.

(3) The Minister may at any time terminate an appointment under this section.

15. Consultation by chief executive with Board

15. (1) The chief executive may consult with, or request the guidance or advice of, the Board on any matter relating to a function of Tailte Éireann.

(2) Without prejudice to the generality of subsection (1), the chief executive shall consult with, and request the guidance and advice of, the Board when he or she is preparing a strategy statement.

(3) The chief executive shall have regard to any guidance or advice of the Board pursuant to a request under this section before performing any function to which the guidance or advice relates.

16. Delegation of functions of chief executive

16. (1) The chief executive may delegate the performance of any functions transferred to Tailte Éireann under section 28 to any member of the staff of Tailte Éireann and that member of staff shall be accountable to the chief executive for the performance of that function.

(2) The person to whom the performance of a function is delegated under subsection (1) shall perform the function under the general direction and subject to the general control of the chief executive and in accordance with such (if any) limitations as may be specified in the delegation in relation to the area or period in which or the extent to which he or she is to perform the function.

(3) Any function, when performed by a person to whom it has been delegated under this section, shall be deemed to have been performed by the chief executive.

(4) Any delegation under this section may relate to the performance generally of a function or to the performance of a function in a particular case or class of case or in relation to property in a particular area.

(5) The chief executive may revoke a delegation under this section at any time either generally or in relation to a particular case or class of case or in relation to property in a particular area.

(6) Where, in relation to a particular case or class of case, a delegation of a function is revoked at a time when the function has not been fully performed, the chief executive, or another member of the staff of Tailte Éireann to whom a delegation in respect of that function has been made under this section, may continue the performance of the function in respect of the case or class.

17. Membership of either House of Oireachtas or European Parliament or local government

17. (1) Where a member of the Board or the chief executive is—

(a) nominated as a member of Seanad Éireann,

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

(c) regarded, pursuant to Part XIII of the Second Schedule to the Act of 1997, as having been elected to that Parliament, or

(d) elected or co-opted to be a member of a local authority,

he or she shall thereupon cease to be a member of the Board or chief executive, as the case may be.

(2) Where a member of the staff of Tailte Éireann is—

(a) nominated as a member of Seanad Éireann,

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

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament,

he or she shall thereupon stand seconded from employment by Tailte Éireann and shall not be paid by, or be entitled to receive from Tailte Éireann, any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been so elected (as the case may be), and ending when such person ceases to be a member of either such House or such Parliament, as the case may be.

(3) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled or is such a member, as the case may be, be disqualified for being a member of the Board, the chief executive or a member of staff, as the case may be, of Tailte Éireann.

(4) A period mentioned in subsection (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with Tailte Éireann.

(5) In this section, “Act of 1997” means the European Parliament Elections Act 1997 .

18. Accountability of chief executive to Oireachtas Committees

18. (1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than a Committee on Members’ Interests of Dáil Éireann or a Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the chief executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of Tailte Éireann.

(3) The chief executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the chief executive is of the opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing.

(5) Where the chief executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive may, not later than 21 days from the date of being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or