Transport (Railway Infrastructure) Act, 2001

Transport (Railway Infrastructure) Act, 2001 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2001 Transport (Railway Infrastructure) Act, 2001 Transport (Railway Infrastructure) Act, 2001 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 55 of 2001 TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Interpretation. 3. Repeals. 4. Continuation of orders made under Act of 1963 and Act of 1996. 5. Laying of orders and regulations before Houses of Oireachtas. 6. Offences by bodies corporate. 7. Expenses. PART 2 Railway Procurement Agency 8. Establishment day. 9. Establishment of Agency. 10. Seal of Agency. 11. Functions of Agency. 12. Subsidiaries, investments, joint ventures, etc. 13. Charges for services. 14. Gifts. 15. Borrowings by Agency. 16. Guarantee by Minister for Finance of borrowing by Agency. 17. Advances by Minister to Agency. 18. Reports and information to Minister. 19. Accounts and audits. 20. Membership of Agency. 21. Chairperson of Agency. 22. Meetings of Agency. 23. Chief executive of Agency. 24. Staff of Agency. 25. Superannuation. 26. Membership of either House of Oireachtas, European Parliament or local authority. 27. Code of conduct. 28. Declaration of interests. 29. Disclosure of interests. 30. Prohibition on unauthorised disclosure of confidential information. 31. Prohibition on certain communications. 32. Power of Minister to issue directions and guidelines to Agency. 33. Transfer of property. 34. Transfer of rights and liabilities. 35. Continuance of pending legal proceedings. PART 3 Railway Orders 36. Surveys and inspections. 37. Application for a railway order. 38. Exempted development. 39. Environmental impact statement. 40. Publication of notice in relation to application for railway order. 41. Further information to Minister. 42. Public inquiry into application for railway order. 43. Railway order. 44. Provisions in relation to railway order. 45. Compulsory acquisition of land. 46. Notification of grant of railway order. 47. Judicial review of railway order. 48. Power of railway undertaking to carry out railway works and to enter land. 49. Lopping of trees. 50. Breaking up of roads, etc. 51. Safety of railways. 52. Service of notices. 53. Obstruction. PART 4 On-street Regulation of Light Railway 54. Speed limits. 55. Driving while unfit or under influence of intoxicant. 56. Prohibition on person disqualified for holding driving licence from driving light rail vehicle on public road. 57. Compulsory insurance of light rail vehicles. 58. Minimum qualifications and competencies required by driver of light rail vehicle. 59. Duty to give information to member of Garda Síochána. 60. Unauthorised taking or interference with light rail vehicle. 61. Restriction on application of regulations made under section 11 of Act of 1961. 62. Amendment of section 35(2)(d) of Act of 1994. 63. Excavation or closure of public roads. PART 5 Miscellaneous 64. Trespass on railway. 65. Unlawful use of railway. 66. Power of Minister, Agency or a railway undertaking to make bye-laws in relation to railways. 67. Powers of arrest under Part. 68. Prosecutions for offences under Part. 69. Application of Railways Acts. 70. Amendment to section 43 of Act of 1993. 71. Subsidiary of CIÉ. 72. Amendment to section 11 of Transport (Re-organisation of Córas Iompair Éireann) Act, 1986. Acts Referred to Borrowing Powers of Certain Bodies Act, 1996 1996, No. 22 Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 2001 European Parliament Elections Act, 1997 1997, No. 2 Forestry Act, 1946 1946, No. 13 Freedom of Information Act, 1997 1997, No. 13 Housing Act, 1966 1966, No. 21 Lands Clauses Acts Lands Clauses Consolidation Act, 1845 1845, c. 18 Local Government (No. 2) Act, 1960 1960, No. 40 Planning and Development Act, 2000 2000, No. 30 Railways Clauses Consolidation Act, 1845 1845, c. 20 Regulations of Railways Act, 1871 1871, c. 78 Regulation of Railways Acts, 1840 to 1889 Roads Act, 1993 1993, No. 14 Roads (Amendment) Act, 1998 1998, No. 23 Road Traffic Act, 1961 1961, No. 24 Road Traffic Act, 1968 1968, No. 25 Road Traffic Act, 1994 1994, No. 7 Road Traffic Acts, 1961 to 1995 Transport Act, 1963 1963, No. 17 Transport (Dublin Light Rail) Act, 1996 1996, No. 24 Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 1986, No. 31 Number 55 of 2001 TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001 AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT, TO ESTABLISH A BODY TO BE KNOWN AS THE RAILWAY PROCUREMENT AGENCY OR, IN THE IRISH LANGUAGE, AN GHNÍOMHAIREACHT UM FHÁIL IARNRÓD, AND TO DEFINE ITS FUNCTIONS, TO ENABLE THE MINISTER FOR PUBLIC ENTERPRISE TO AUTHORISE, BY ORDER, THE CONSTRUCTION, OPERATION AND MAINTENANCE OF RAILWAYS, TO PROVIDE FOR THE ON-STREET REGULATION OF LIGHT RAILWAYS, TO MAKE FURTHER PROVISION IN RELATION TO CÓRAS IOMPAIR ÉIREANN, TO REPEAL SECTIONS 2 TO 11 OF THE TRANSPORT ACT, 1963, AND THE TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996, AND TO PROVIDE FOR CONNECTED MATTERS. [23rd December, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title. 1.—This Act may be cited as the Transport (Railway Infrastructure) Act, 2001. Interpretation. 2.—(1) In this Act— “Act of 1961” means Road Traffic Act, 1961 ; “Act of 1963” means Transport Act, 1963 ; “Act of 1993” means Roads Act, 1993 ; “Act of 1994” means Road Traffic Act, 1994 ; “Act of 1996” means Transport (Dublin Light Rail) Act, 1996 ; “Act of 2000” means Planning and Development Act, 2000 ; “Agency” means Railway Procurement Agency established under section 9 ; “applicant” in Part 3, means the Agency, CIÉ, or any other person applying for a railway order; “authorised person” means a person authorised as an authorised person under section 36 ; “CIÉ” means Córas Iompair Éireann; “driving” in relation to a light rail vehicle includes managing and controlling the vehicle, and “driver” and other cognate words shall be construed accordingly; “environmental impact statement” shall be construed in accordance with section 37 (2)(d); “establishment day” means the day appointed by the Minister under section 8 to be the establishment day for the purposes of Part 2; “functions” includes powers and duties and references to the performance of functions include, as respect powers and duties, references to the exercise of the powers and the carrying out of the duties; “land” has the meaning assigned to it by the Act of 2000; “light rail vehicle” means a vehicle with flanged wheels designed to run on a light railway; “light railway” means a railway designated as a light railway in a railway order issued under section 43 ; “local authority” has the meaning assigned to it by the Act of 1993; “metro” means a railway designated as a metro in a railway order issued under section 43 ; “Minister” means Minister for Public Enterprise; “planning authority” has the meaning assigned to it by the Act of 2000; “public place” has the meaning assigned to it by the Act of 1961; “public road” has the meaning assigned to it by the Act of 1993; “railway” means a railway (whether above, on or under the ground) whose operation is authorised by a railway order; “railway infrastructure” means any land, buildings, structures, equipment, systems, vehicles, services or other thing used in connection with, or necessary or incidental to, the movement of passengers or freight by railway; “railway order” means an order under section 43 ; “railway undertaking” means any person who has been granted a railway order or another person with whom that person has made arrangements under section 43 (6); “railway works” means any works required for the purposes of a railway or any part of a railway, including works ancillary to the purposes aforesaid such as parking by buses or by persons using vehicles who intend to complete their journey by railway, and relocation of utilities, and in this definition “works” includes any act or operation of construction, excavation, tunnelling, demolition, extension, alteration, reinstatement, reconstruction, making good, repair or renewal; “rights” in relation to a railway order includes rights which exist or which are proposed to be created in the order; “road” has the meaning assigned to it by the Act of 1993; “road authority” has the meaning assigned to it by the Act of 1993; “substratum of land” means any subsoil or anything beneath the surface of land required— (i) for the purposes of a tunnel or tunnelling or anything connected therewith, or (ii) for any other purpose connected with a railway order; “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death. (2) In this Act— (a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, (c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act, (d) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument. Repeals. 3.—The following are repealed— (a) sections 2 to 11 of the Act of 1963, and (b) the Act of 1996. Continuation of orders made under Act of 1963 and Act of 1996. 4.—(1) Any order made under the Act of 1963 or the Act of 1996 which is in force immediately before the repeal of those Acts shall continue in force as if made under this Act and subsections (6) to (11) of section 43 shall apply to such orders and references in those orders made under the Act of 1996 to the Board shall be construed as references to the Agency. (2) For the avoidance of any doubt, any orders made under the Act of 1996 include the power to operate the railway in question. (3) Notwithstanding the repeal of sections 2 to 11 of the Act of 1963, where an application for a railway works order has been made and not determined immediately before the repeal of those sections, then those sections continue to apply to the application until its determination. Laying of orders and regulations before Houses of Oireachtas. 5.—Every order (other than an order under section 8 ) or 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 order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Offences by bodies corporate. 6.—Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect or default on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. Expenses. 7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be authorised by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Railway Procurement Agency Establishment day. 8.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part. Establishment of Agency. 9.—(1) There shall stand established on the establishment day a body to be known as the Railway Procurement Agency, or in the Irish language, an Ghníomhaireacht um Fháil Iarnród, and in this Act referred to as the “Agency”, to perform the functions conferred on it by or under this Act. (2) The Agency shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or any other property or an interest in land or any other property (freehold or leasehold). (3) Before acquiring or disposing of land or an interest therein the Agency shall obtain an independent valuation of the land or interest therein. (4) The Agency shall, subject to the provisions of this Act, be independent in the exercise of its functions. (5) The Agency shall have all such powers as are necessary for or incidental or ancillary to the performance of its functions under this Act. Seal of Agency. 10.—(1) The Agency shall, as soon as may be after its establishment, provide itself with a seal. (2) The seal of the Agency shall be authenticated by the signature of— (a) the person appointed to chair the Agency, or (b)  (i) a member of the Agency, or (ii) a member of the staff of the Agency, authorised by the Agency to act in that behalf. (3) Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and to be sealed with the seal of the Agency (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. Functions of Agency. 11.—(1) The Agency shall have the following functions: (a) to secure the provision of, or to provide, such light railway and metro railway infrastructure as may be determined from time to time by the Minister; (b) to monitor and publish regular reports on the safety of light railway and metro infrastructure; (c) to enter into agreements with other persons in order to secure the provision of such railway infrastructure whether by means of a concession, joint venture, public private partnership or any other means; and (d) to acquire and facilitate the development of land adjacent to any railway works subject to an application for a railway order under this Act where such acquisition and development contributes to the economic viability of the said railway works. (2) The Minister may, with the consent of the Minister for Finance, by order confer on the Agency such additional functions in relation to public transport by rail or road as, from time to time, he or she considers appropriate. (3) The Agency may exploit commercial opportunities arising from its functions. (4) The exploitation of such commercial opportunities may be carried out by a railway undertaking on behalf of the Agency. (5) The Agency may receive income (including any amount, right, interest, benefit or profit) arising from, or make payments (or otherwise provide consideration) in respect of functions referred to in subsections (1) and (3) or such additional functions assigned to it under subsection (2). (6) Where the Agency enters into an agreement with a person and in connection with the agreement another person makes a financial loan to, or provides any other form of finance for, a party to the agreement, the Agency shall be deemed to have the power to enter into an arrangement with that other person. (7) The Agency may only act as the operator of a railway where authorised by the Minister by order. (8) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection). Subsidiaries, investments, joint ventures, etc. 12.—(1) Such functions of the Agency as it may determine may be performed by a subsidiary and, accordingly, the Agency may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and establish one or more subsidiaries. (2) The Agency or a subsidiary may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, promote and take part in the formation or establishment of a company (within the meaning of the Companies Acts, 1963 to 2001), enter into joint ventures or partnerships for the purpose of fulfilling any of its functions. (3) The Agency may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company. (4) The memorandum and articles of association of a subsidiary shall be in such form consistent with this Act as may be determined by the Agency with the consent of the Minister and the Minister for Finance. (5) The Minister may give a direction in writing to the Agency on any matter relating to a subsidiary and the Agency shall comply or, as may be appropriate, secure compliance with the direction. (6) A direction under this section in relation to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance. (7) In this section “subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of the Agency. Charges for services. 13.—(1) The Agency may make such charges as it considers appropriate in consideration of the performance of its functions, the provision by it of services and the carrying on by it of activities and shall record receipts from such charges as income. (2) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under the above. Gifts. 14.—(1) The Agency may accept gifts of money, land, or other property, on such trusts, terms or conditions, if any, as may be specified by the donor. (2) The Agency shall not accept a gift if the trusts, terms, or conditions attached to it would be inconsistent with or prejudice the operational independence and effective performance of the functions of the Agency. (3) The Agency shall include details of any gift that exceeds, in its opinion, such amount as may be directed by the Minister, with the consent of the Minister for Finance, in the report under section 18 for the year in which the gift is accepted. Borrowings by Agency. 15.—(1) The Agency or a subsidiary of the Agency may, from time to time, borrow money for the purpose of carrying out its functions but shall not do so without the consent of the Minister and the Minister for Finance. (2) The Agency shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Agency, inclusive of any borrowings by subsidiaries of the Agency, may at any time be liable to repay on foot of any liability or liabilities incurred under this section does not, or do not in their aggregate, exceed €600,000,000 (£472,538,400). (3) For the purposes of this section, moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time such moneys were borrowed. Guarantee by Minister for Finance of borrowing by Agency. 16.—(1) Without prejudice to section 6 of the Borrowing Powers of Certain Bodies Act, 1996 , the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and on such terms and conditions as he or she thinks fit, the due repayment of any moneys (including money in a currency other than the currency of the State) (or the payment of interest on such moneys) borrowed by the Agency. (2) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year— (a) particulars of the guarantee, (b) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and (c) the amount of moneys covered by the guarantee which was outstanding at the end of that year. (3) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him or her (with interest thereupon at such rate or rates as he or she appoints) by the Agency within such period from the date of the advance of the moneys out of the Central Fund as may be specified by that Minister after consultation with the Agency. (4) Where the whole or any part of moneys required by subsection (3) to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister for Finance shall determine, to the Central Fund out of moneys provided by the Oireachtas. (5) Notwithstanding the provisions of moneys under subsection (4) to repay the amount to the Central Fund, the Agency shall remain liable to the Minister for Finance in respect of that amount, and that amount (with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to him or her by the Agency at such times and in such instalments as he or she appoints. (6) Moneys paid by the Agency under subsection (3) or (5) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit. Advances by Minister to Agency. 17.—The Minister may, from time to time, with the consent of the Minister for Finance, advance to the Agency out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by the Agency in the performance of its functions. Reports and information to Minister. 18.—(1) As soon as may be after the end of the financial year of the Agency in which the establishment day falls and of each subsequent financial year of the Agency, but not later than 6 months thereafter, the Agency shall present a report to the Minister of its activities during that year and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas. (2) Each report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct. (3) The Agency shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify concerning or relating to the scope of its activities generally, or in respect of any account prepared by the Agency or any report specified in subsection (1) or the policy or activities, other than the day to day activities, of the Agency. Accounts and audits. 19.—(1) The chief executive, under the direction of the Agency, shall cause to be kept on a continuous basis proper books of account of all income and expenditure of the Agency, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Agency and shall keep and shall account to the Agency for all such special accounts as the Minister or the Agency, with the consent of the Minister, may from time to time direct should be kept. (2) The financial year of the Agency shall be the period of 12 months ending on the 31st day of December in any year, and for the purposes of this section and section 18 the period commencing on the establishment day and ending on the following 31st day of December, shall be deemed to be a financial year. (3) The Agency, the chief executive and the other members of the staff of the Agency shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books and accounts of the Agency in respect of any financial year or other period and shall facilitate any such examination, and the Agency shall pay such fee therefor as may be fixed by the Minister. (4) The accounts of the Agency for each financial year shall be prepared in such form and manner as may be specified by the Minister. The accounts shall be prepared by the chief executive and approved by the Agency as soon as practicable but not later than 3 months after the end of the financial year to which they relate for submission to an auditor for audit. A copy of the accounts and the auditor's report thereon shall be presented to the members of the Agency and to the Minister as soon as practicable and the Minister shall cause a copy of these documents to be laid before each House of the Oireachtas. (5) For the purposes of subsection (4) the Agency shall appoint auditors. (6) From time to time, and whenever so requested, the Agency shall account for the performance of its functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions. Membership of Agency. 20.—(1) The Agency shall consist of 8 members who shall direct and carry out the functions of the Agency in accordance with this Act and shall satisfy themselves as to the adequacy of the systems in place for that purpose and shall otherwise manage and review the workings of the Agency. (2) Notwithstanding subsection (1), until the first appointment to the Agency of a person consequent to an election having been held to which subsection (3) relates, the Agency shall consist of 7 members. (3) One of the ordinary members of the Agency shall be a member of the staff of the Agency who shall be elected by secret ballot of the staff of the Agency in such manner as the Agency, with the agreement of the Minister, may determine. (4) The Agency shall include the chief executive as a member of the Agency. (5) The members of the Agency (other than the chief executive) shall, as soon as may be after the establishment day, be appointed by the Minister. (6) Each member of the Agency shall be a person who in the opinion of the Minister has wide experience and competence in relation to one or more of the following areas— (a) railways, (b) transportation planning, (c) urban development, (d) industry, (e) trade union representation, (f) law, (g) commerce, (h) finance, (i) economics, (j) engineering, or (k) environmental matters. (7) The Minister shall designate one member of the Agency as chairperson. (8) There shall be paid to the members of the Agency such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may from time to time determine. (9) Each member of the Agency shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister determines at the time of his or her appointment. (10) The Minister, when appointing an ordinary member of the Agency under subsection (5), shall fix such member's period of membership which shall not exceed 5 years. (11) Such number, as decided by the Minister, of the first ordinary members of the Agency appointed under subsection (5) shall hold office for a period not exceeding 4 years from the date of their appointment as determined by the Minister by lot. (12) A member of the Agency (other than the chief executive) shall not serve for more than 2 consecutive terms. (13) A member of the Agency shall be disqualified from being such a member where he or she— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is convicted of an indictable offence in relation to a company, (d) is convicted of an offence involving fraud or dishonesty, (e) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001), or (f) has a conflict of interest of such importance, in the opinion of the Minister, that requires him or her to step down. (14) A member of the Agency may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later. (15) A member of the Agency may at any time for stated reasons be removed from membership of the Agency by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Agency of the functions of the Agency. (16) If a member of the Agency dies, resigns, retires, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Agency to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Agency who occasioned the casual vacancy. (17) The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Agency. Chairperson of Agency. 21.—(1) The term of office of the chairperson of the Agency shall be 5 years. (2) Where the chairperson of the Agency ceases to be a member of the Agency he or she shall also thereupon cease to be chairperson of the Agency. (3) The chairperson of the Agency may at any time resign his or her office as chairperson by letter sent to the Minister and the resignation shall, unless previously withdrawn in writing, take effect at the commencement of the meeting of the Agency held next after the Agency has been informed by the Minister of the resignation. (4) The chairperson of the Agency shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold office until the expiration of his or her period of membership of the Agency and, if he or she is re-appointed as a member of the Agency, he or she shall be eligible for re-appointment as chairperson of the Agency. Meetings of Agency. 22.—(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions, but shall hold at least one meeting in each quarter of a year. (2) The Minister, in consultation with the chairperson of the Agency, shall fix the date, time and place of the first meeting of the Agency. (3) The quorum for a meeting of the Agency shall be 4. (4) At a meeting of the Agency— (a) the chairperson of the Agency shall, if present, be the chairperson of the meeting, and (b) if and so long as the chairperson of the Agency is not present or if the office of the chairperson is vacant, the members of the Agency who are present shall choose one of their number to be chairperson of the meeting. (5) At a meeting of the Agency, each member of the Agency present, including the chairperson, shall have a vote and any question on which a vote is required in order to establish the Agency's view on the matter shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote. (6) The Agency may act notwithstanding one or more vacancies among its members. (7) Subject to this Act, the Agency shall regulate, by standing orders or otherwise, the procedure and business of the Agency. Chief executive of Agency. 23.—(1) There shall be a chief officer of the Agency who shall be known, and is referred to in this Part, as the chief executive. (2) The chief executive shall be appointed by the Agency and may be removed from office, at any time for stated reasons, by the Agency and in accordance with the terms and conditions of his or her contract of service. (3) The chief executive shall carry on and manage and control generally the administration and business of the Agency and perform such other functions as may be determined by the Agency. (4) The chief executive shall provide the Agency with such information, including financial information, in relation to the performance of his or her functions as the Agency may from time to time require. (5) The functions of the chief executive may be performed in his or her absence or when the position of chief executive is vacant by such member of the staff of the Agency as may from time to time be designated for that purpose by the Agency. (6) The chief executive shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Agency, with the consent of the Minister and the Minister for Finance. (7) The chief executive shall, for the duration of his or her appointment, be an ex officio member of the Agency. (8) The chief executive shall not hold any other office or position or carry on any business without the consent of the Agency. (9) A chief executive of the Agency shall not, for a period of 12 months following his or her resignation, removal or retirement from office, hold any office or employment or act as consultant where he or she may be likely to use or disclose information acquired by him or her in the exercise of the functions of the Agency. Staff of Agency. 24.—(1) The Agency may appoint such and such number of persons to be members of the staff of the Agency as it may determine. (2) A member of the staff of the Agency shall— (a) be paid out of moneys at the disposal of the Agency, such remuneration and allowances for expenses incurred by him or her as the Agency may determine, and (b) hold his or her office or employment for such term upon and subject to such other conditions (including terms and conditions relating to remuneration) as may be determined by the Agency. (3) The Agency may at any time remove any member of the staff of the Agency from being a member of its staff where that person fails to perform his or her functions satisfactorily. (4) Every person designated by the Minister who, immediately before the establishment day, is a member of the staff of the Light Rail Project Office of CIÉ shall, on that day, be transferred to and become a member of the staff of the Agency. (5) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (4) shall not, while in the service of the Agency, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before the establishment day. Superannuation. 25.—(1) The Agency shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Agency as it may think fit. (2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons. (3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section. (4) A scheme or an amending scheme submitted by the Agency under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Agency in accordance with its terms. (5) Superannuation benefits, and the terms and conditions relating to superannuation benefits, granted under schemes under this section to, or in respect of, persons who, immediately before the establishment day, were members of the staff of CIÉ shall not be less favourable than those which applied immediately before that day. (6) No superannuation benefit shall be granted by the Agency nor shall any other arrangements be entered into by the Agency for the provision of such a benefit to or in respect of a member of the staff of the Agency otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance. (7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. (8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Agency under section 24 , the benefit shall be calculated by the Agency in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Agency shall be aggregated with his or her previous pensionable service and shall be paid by the Agency. (9) A scheme 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 scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Membership of either House of Oireachtas, European Parliament or local authority. 26.—(1) Where a member of the Agency— (a) is nominated as a member of Seanad Éireann, (b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, or (d) becomes a member of a local authority, he or she shall thereupon cease to be a member of the Agency. (2) Where a member of the staff of the Agency— (a) is nominated as a member of Seanad Éireann, (b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, he or she shall thereupon stand seconded from his or her employment with the Agency and shall not be paid by, or be entitled to receive from, the Agency 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 elected (as the case may be), and ending when he or she ceases to be a member of that House or a representative in that Parliament. (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is a member, be disqualified from becoming a member of the Agency, or a member of the staff of the Agency. (4) A person who is a member of a local authority shall be disqualified from becoming a member of the Agency. (5) The Agency shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Agency save with the approval of the Minister. (6) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits. Code of conduct. 27.—(1) The Agency shall, following consultation with the Minister, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff. (2) The Agency shall publish any code of conduct drawn up under subsection (1). Declaration of interests. 28.—(1) On his or her appointment, the chief executive and each member of the Agency shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify. (2) On his or her appointment, each consultant and each member of the staff of the Agency at a grade or level specified before the appointment by the Agency, following consultation with the Minister, shall declare his or her interests in writing to the chairperson of the Agency and the chairperson shall inform the Agency at its next meeting of the interests declared and the names of those making the declarations. (3) A person to whom subsection (1) or (2) applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Agency, as the case may be, of any changes in the interests held by the person. (4) (a)  A statement of the interests declared under subsection (1) shall be included in the next report prepared in accordance with section 18 following the making of the declaration and any subsequent changes in a declaration shall also be included in a statement in the next available report. (b)  The form and content of the statement to be included in such report shall be agreed between the chairperson of the Agency, the Minister and the Minister for Finance. (c)  Notwithstanding the provisions of paragraph (a), it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession, or employment included in the statement. (5) In this section: “employment” includes— (a) full-time employment, (b) part-time paid employment, where such employment is ongoing in the year of appointment or which arises in subsequent years, (c) temporary paid employment, being for a period of 16 weeks or more in the year of appointment or in subsequent years, or (d) being retained under contract, directly or indirectly, in any capacity as an adviser, consultant or lobbyist, or for the provision of services, by or in any business related to the functions of the Agency; “interests” includes— (a) employment by or on behalf of— (i) any business related to the functions of the Agency, (ii) any organisation representative of any business related to the functions of the Agency, (b) ownership of any business related to the functions of the Agency, (c) shares in, bonds or debentures of, or other like investments in any business related to the functions of the Agency, where the aggregate of such holdings exceed €13,000 (£10,238.33), (d) a directorship or shadow directorship (within the meaning of the Companies Acts, 1963 to 2001) in any business related to the functions of the Agency, held currently or during the previous two years, or (e) gifts of travel, holidays, transport, money (in excess of €650 (£511.92)) or other benefits, including benefits from any beneficial interest in or connected with any business related to the functions of the Agency, during the previous two years which were received by the person being appointed or by his or her spouse; “ownership” includes any proprietary interest in any business related to the functions of the Agency, whether that interest is freehold, leasehold or beneficial, and shall apply— (a) where the interest is held solely by the person being appointed or shared with one or more persons, or (b) where the interest, at the time of appointment, has a value of €20,000 (£15,751.28) or more. (6) The Agency shall, for the purposes of this section, keep a register (which is in this section referred to as the “register of interests”) and shall enter therein the particulars contained in declarations given to the Minister or the Agency under this section. (7) The register of interests shall be available for inspection by any person at the Agency's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making a copy. (8) Where a person to whom subsection (1) applies, fails to make a declaration in accordance with that subsection or to update such declaration in accordance with subsection (3), the Minister shall decide the appropriate course of action (including removal from office) to be taken. (9) Where a person to whom subsection (2) applies, fails to make a declaration in accordance with that subsection or to update such declaration in accordance with subsection (3), the Agency shall decide the appropriate course of action (including removal from office or termination of contract) to be taken. Disclosure of interests. 29.—(1) Where the chief executive, a member of the Agency, a member of the staff of the Agency, or a consultant, adviser or other person engaged by the Agency, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Agency he or she shall— (a) disclose to the Agency the nature of his or her interest in advance of any consideration of the matter, (b) neither influence nor seek to influence a decision in relation to the matter, (c) take no part in any consideration of the matter, (d) if he or she is the chief executive, a member of the Agency, or a member of the staff of the Agency, withdraw from the meeting for so long as the matter is being discussed or considered by the Agency and shall not vote or otherwise act as such chief executive or member in relation to the matter. (2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if— (a) he or she or any connected relative or any nominee of his or her or any connected relative, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection, (b) he or she or any connected relative is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, (c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or (d) any connected relative has a beneficial interest in, or material to, such a matter. (3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter— (a) by reason only of an interest of his or her or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter, or (b) if he or she can show that at the material time he or she was unaware, and in the circumstances could not possibly have been aware, that a connected person had an interest referred to in subsection (2). (4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Agency and particulars of the determination shall be recorded in the minutes of the meeting concerned. (5) Where a disclosure is made to the Agency pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned and, for as long as the matter to which the disclosure relates is being considered by the meeting, the person by whom the disclosure is made shall absent themselves from the meeting. (6) Where a person, other than a member of the Agency, referred to in this section fails to make a disclosure in accordance with this section, the Agency shall decide the appropriate action (including removal from office or termination of contract) to be taken. (7) Where a member of the Agency fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken. (8) In this section “connected relative” means, in relation to a person to whom this section applies, the person's spouse or partner, parent, brother, sister or child. Prohibition on unauthorised disclosure of confidential information. 30.—(1) Save as otherwise provided by law and subsection (4), a person shall not, without the consent of the Agency, disclose any confidential information obtained by him or her while performing (or as a result of having performed) duties as— (a) a member of the Agency, (b) a member of the staff of the Agency (including the chief executive), (c) an adviser or consultant to the Agency or an employee of such person whilst performing duties relating to such advice or consultation, or obtained while in performance of a service contract. (2) In this section “confidential information” includes— (a) information that is expressed by the Agency or the Minister to be confidential either as regards particular information or as regards information of a particular class or description, (b) commercial information in relation to contractors, consultants, providers of finance, or any other person, (c) proposals of a commercial nature or tenders submitted to the Agency by contractors, consultants, or any other person. (3) A person who contravenes subsection (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13) or to imprisonment for a term not exceeding 3 months or to both. (4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Agency or by or on behalf of the Agency to the Minister. (5) The Third Schedule to the Freedom of Information Act, 1997 , is amended by the insertion in Part I at the end thereof: (a) in column (2) of “Transport (Railway Infrastructure) Act, 2001”, and (b) in column (3) of “ Section 30 ”. Prohibition on certain communications. 31.—(1) A person who communicates with a member of the Agency or with a member of the staff of the Agency, or with a consultant, adviser or other person engaged by the Agency, for the purpose of influencing improperly his or her consideration of any matter which falls to be considered or decided by the Agency is guilty of an offence. (2) If a member or a person to whom a communication is made becomes of opinion that a communication is in contravention of subsection (1), it shall be his or her duty not to entertain the communication further and he or she shall inform forthwith the chairperson of the Agency in writing of the substance of such communication and the chairperson shall acknowledge in writing the receipt of such information. (3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13) or to imprisonment for a term not exceeding 3 months or to both. Power of Minister to issue directions and guidelines to Agency. 32.—(1) The Minister may give a direction in writing to the Agency in relation to any of the functions assigned to it by or under this Act and the Agency shall comply with the direction. (2) The Minister may, with the consent of the Minister for Finance, give policy, financial or other guidelines to the Agency in relation to the performance of the functions assigned to it by or under this Act and the Agency shall have regard to such guidelines when performing its functions. (3) The Minister shall lay a copy of any direction or guidelines given by him or her under this section before each House of the Oireachtas. Transfer of property. 33.—(1) On the establishment day all property, including choses-in-action, which immediately before that day was the property of CIÉ and was used in connection with any of the orders made under the Act of 1996 shall stand vested in the Agency without any assignment, unless, in respect of specified property, the Minister otherwise decides. (2) The Minister shall, on the application of CIÉ or the Agency, issue a certificate in respect of specified property, certifying, as he or she thinks proper, that the property vested in the Agency under this section or did not so vest in the Agency and the certificate shall be conclusive evidence of the facts so certified. (3) Every chose-in-action transferred by subsection (1) to the Agency may, after the establishment day, be sued on and recovered or enforced by the Agency in its own name and it shall not be necessary for the Agency or CIÉ to give notice to the person bound by the chose-in-action of the transfer effected by the subsection. (4) The Minister may, by order or orders, on such occasions and on such terms and conditions as he or she sees fit, transfer such other property connected with light railway or metro from CIÉ to the Agency as it needs to carry out its functions. (5) The Minister may, on the application of CIÉ, issue a certificate in respect of specific property, certifying, as he or she thinks proper, that the property shall not be transferred from CIÉ to the Agency at any point in time. Transfer of rights and liabilities. 34.—(1) All rights or liabilities of CIÉ arising by virtue of any contract or commitment (expressed or implied) entered into by it before the establishment day in relation to any of the orders made under the Act of 1996 shall on that day stand transferred to the Agency. (2) The Minister shall on the application of CIÉ or the Agency issue a certificate in respect of a specified contract or commitment certifying, as he or she thinks proper, that the rights and liabilities of CIÉ thereunder were transferred on the establishment day to the Agency under this section or were not so transferred to the Agency and the certificate shall be conclusive evidence of the facts so certified. (3) Every right and liability transferred by subsection (1) to the Agency may, on or after the establishment day, be sued on, recovered or enforced by or against the Agency in its own name and it shall not be necessary for the Agency or CIÉ to give notice to the person whose right or liability is transferred by this section of such transfer. Continuance of pending legal proceedings. 35.—Where legal proceedings to which CIÉ is a party are pending immediately before the establishment day and the proceedings relate to any of the property, rights or liabilities transferred under section 33 or 34, the proceedings shall be continued with the substitution for CIÉ of the Agency. PART 3 Railway Orders Surveys and inspections. 36.—(1) The Agency or CIÉ may authorise in writing persons to be authorised persons for the purposes of this Part. (2) An authorised person may, on production of his or her authorisation together with an appropriate form of identification if so requested by any person affected, for the purposes of this Part enter on any land and— (a) inspect and survey the land and make any inquiry, investigation or examination for the purpose of ascertaining whether or not the land is suitable for the purposes of the construction of a railway, (b) carry out any investigation or examination thereon preliminary or incidental to the purposes aforesaid, (c) bring thereon such other persons or equipment as he or she may reasonably consider necessary for the purposes of his or her functions under this section, (d) line sight, drill, bore, probe or excavate, or take such samples and carry out such tests as he or she reasonably considers necessary or expedient for the purposes of such functions, (e) if authorised by the Agency, inspect and survey the land and make any inquiry, investigation or examination for the purpose of ascertaining whether or not the land is suitable for the purposes of fulfilling any of the related functions of the Agency. (3) An authorised person shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (4) authorising such entry. (4) Where an authorised person is refused entry to any land, the Agency or CIÉ, as the case may be, may apply to a judge of the District Court assigned to the district court district in which the land is situated for a warrant authorising such entry, and upon the hearing of the application the judge shall, if satisfied that such entry is necessary or expedient, by warrant authorise such entry, on production of the warrant, if so requested. (5) Whenever an authorised person exercises any of the functions conferred on him or her by subsection (2), the Agency or CIÉ, as the case may be, shall be liable to make good all damage done to the land entered upon or interfered with by the exercise of such functions and to pay compensation in respect of any loss arising out of or in the course of the performance of the functions of an authorised person under this section, and, if there is a failure to do so, any person affected by the damage or loss shall be entitled to compensation in respect thereof and such compensation shall be recoverable from the Agency or CIÉ, as the case may be, in default of agreement, in any court of competent jurisdiction. Application for a railway order. 37.—(1) The Agency, CIÉ, or any other person with the consent of the Agency, may apply to the Minister for a railway order. (2) An application under subsection (1) shall be made in writing in such form as the Minister may specify and shall be accompanied by— (a) a draft of the proposed order, (b) a plan of the proposed railway works, (c) in the case of an application by the Agency or a person with the consent of the Agency, a plan of any proposed commercial development of land adjacent to the proposed railway works, (d) a book of reference to a plan required under this subsection (indicating the identity of the owners and of the occupiers of the lands described in the plan), and (e) a statement of the lik …