Roads Act 2015
What is this act about?
This law is about dissolving the Railway Procurement Agency and transferring its responsibilities and staff to the National Roads Authority. It also gives new functions to the National Roads Authority and amends existing road laws.
Who it applies to: The Railway Procurement Agency (now dissolved); The National Roads Authority.
At a glance
- Country
- Ireland
- Area of law
- Public procurement and competition
- Articles
- 26
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The dissolution of the Railway Procurement Agency.
- The transfer of all functions, land, property, rights, and liabilities from the dissolved Railway Procurement Agency to the National Roads Authority.
- The continuation of leases, licenses, and permissions previously granted by the Railway Procurement Agency.
- The accountability of the chief executive of the National Roads Authority to Oireachtas Committees.
Who does this act apply to?
- The Railway Procurement Agency (now dissolved).
- The National Roads Authority.
- Staff of the former Railway Procurement Agency.
- Any person or entity with existing claims, contracts, leases, or permissions related to the Railway Procurement Agency.
What are the key points?
- The Railway Procurement Agency is dissolved on a day appointed by the Minister.
- All functions of the dissolved body are transferred to the National Roads Authority.
- All land and property of the dissolved body are transferred to the National Roads Authority.
- All rights and liabilities of the dissolved body are transferred to the National Roads Authority.
Public procurement and competition
Public procurement and competition
Legal text
Legal text
Roads Act 2015 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 2015 Roads Act 2015 Roads Act 2015 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 14 of 2015 ROADS ACT 2015 CONTENTS
PART 1
Preliminary and General Section
Section 1
Section 2
Section 3
Section 4
Section 5
PART 2
Dissolution of Railway Procurement Agency
Chapter 1
Dissolution and transfer of functions
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Chapter 2
Transfer of staff and superannuation
Section 14
Section 15
PART 3
Matters Relating to Functions of National Roads Authority
Chapter 1
Additional functions of Authority
Section 16
Section 17
Chapter 2
Accountability of chief executive
Section 18
Section 19
PART 4
Amendment of Roads Act 1993
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
PART 1
Preliminary and General Short title, collective citation and construction 1. (1) This Act may be cited as the Roads Act 2015.
Definitions 2. In this Act— “Act of 1993” means Roads Act 1993 ; “Act of 2001” means Transport (Railway Infrastructure) Act 2001 ; “Authority” means National Roads Authority; “chief executive” means a person— (a) directed under section 28(1)(b) of the Act of 1993 to perform the functions referred to in section 29(2) of that Act, or (b) appointed under section 29 of the Act of 1993; “company” means a company within the meaning of the Companies Act 1963 ; “dissolution day” means the day appointed by the Minister under section 6 for the dissolution of the Railway Procurement Agency; “dissolved body” means the Railway Procurement Agency as it stands dissolved by virtue of this Act; “local authority” has the meaning assigned to it by the Local Government Act 2001 ; “local road” and “regional road” have the meanings assigned to them, respectively, in section 2 of the Act of 1993; “Minister” means the Minister for Transport, Tourism and Sport; “railway order” means— (a) a railway order within the meaning of the Act of 2001, or (b) a light railway order within the meaning of the Transport (Dublin Light Rail) Act 1996 .
Expenses 3. 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.
Saver 4. (1) Any instrument (whether described as a rule, regulation, order, bye-law or code of practice or in any other way, and whether or not a statutory instrument to which the Statutory Instruments Act 1947 primarily applies) made or issued by, or on behalf of, the dissolved body and in force immediately before the dissolution day has, on and after that day, the same force and effect as it had immediately before that day.
Repeal of Part 2 of Act of 2001 5. Part 2 (other than sections 11, 12, 13 and 25) of the Transport (Railway Infrastructure) Act 2001 is repealed on the dissolution day.
PART 2
Dissolution of Railway Procurement Agency
Chapter 1
Dissolution and transfer of functions Dissolution of Railway Procurement Agency 6. (1) The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Act.
Transfer of functions of dissolved body to Authority 7. (1) On the dissolution day, all functions that, immediately before the dissolution day, were vested in the dissolved body are transferred to the Authority.
Transfer of land and other property 8. (1) On the dissolution day, all lands that, immediately before that day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Authority for all the estate or interest therein that, immediately before the dissolution day, was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and capable of being performed.
Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body 9. (1) All rights and liabilities of the dissolved body 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 Authority.
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 any of the functions of the dissolved body transferred to the Authority by this Act shall on and after that day, lie against the Authority and not against the dissolved body.
Provisions consequent upon transfer of functions, assets and liabilities to Authority 11. (1) Anything commenced and not completed before the dissolution day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to the Authority under section 7 , be carried on or completed on or after that day by the Authority.
Final accounts and final annual report of dissolved body 12. (1) The Authority shall, in respect of the period specified in subsection (3)(a), prepare final accounts of the dissolved body.
Operational name of Authority 13. The Minister may, following consultation with the Authority, by order specify a name, other than the National Roads Authority, by which the Authority may describe itself for operational purposes.
Chapter 2
Transfer of staff and superannuation Transfer of staff of dissolved body 14. (1) The Authority shall, on the dissolution day, accept into its employment each person who immediately before that day was a member of staff of the dissolved body.
Superannuation 15. (1) Save in accordance with any 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, a person who was accepted into the employment of the Authority in accordance with section 14 who, immediately before the dissolution day, was a member of a staff superannuation scheme shall, on and after the dissolution day, continue to be a member of such scheme in accordance with its terms and conditions in force from time to time.
PART 3
Matters Relating to Functions of National Roads Authority
Chapter 1
Additional functions of Authority Procurement function of Authority 16. (1) The Minister may, where he or she considers that it would be convenient, expeditious, effective or economical for the Authority to arrange, on behalf of, or for the benefit of, road authorities for the procurement of goods or services in relation to regional and local roads, request the Authority to arrange for such procurement, subject to such conditions as he or she thinks fit.
Advice and services 17. (1) The Authority shall, on receipt of a request from the Minister, provide— (a) advice, or (b) services (including services of staff), relating to the functions transferred to the Authority under section 7 to the Minister on such terms and conditions (including terms and conditions relating to the payment for services) as may be agreed and the Minister may avail of such advice or services.
Chapter 2
Accountability of chief executive Accountability of chief executive to Public Accounts Committee 18. (1) The chief executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by the Act of 1993 to prepare, (b) the economy and efficiency of the Authority in the use of its resources, (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11
Accountability of chief executive to Oireachtas Committees 19. (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 the Committee referred to in section 18 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.
PART 4
Amendment of Roads Act 1993 Insertion of sections 15B and 15C into Act of 1993 20. The Act of 1993 is amended by inserting after section 15A the following: “Power of Minister to specify national standards 15B. (1) The Minister may specify national standards in respect of the design, construction or maintenance of public roads.
Power of Minister to request information from road authority 15C. The Minister may request a road authority to furnish him or her with such information as he or she may require in connection with any of the authority’s functions in relation to regional and local roads, under this Act, and the authority shall comply with any such request.”.
Amendment of section 19 of Act of 1993 (specific functions of the Authority) 21. Section 19 (as amended by section 7 (a) of the Roads Act 2007 ) of the Act of 1993 is amended by substituting for paragraph (e) of subsection (1) the following: “(e) subject to section 15B(3), specify standards in relation to design, construction or maintenance works to be complied with by a person, road authority or public authority carrying out such works;”.
Amendment of section 24 of Act of 1993 (grants to the Authority) 22. Part III of the Act of 1993 is amended by substituting for section 24 the following: “24. The Minister may, subject to such conditions as he sees fit, in each financial year make grants, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas towards— (a) the capital and current expenditure of the Authority, or (b) the expenditure of the Authority in respect of its functions under this Act in relation to regional and local roads, and grants under paragraph (a) shall be made having particular regard to the maintenance requirements of national roads.”.
Amendment of section 28 of Act of 1993 (chairman and members of the Authority) 23. Section 28(1) of the Act of 1993 is amended in paragraph (d) by inserting “railway infrastructure,” after “in relation to roads,”.
Insertion of section 51A into Act of 1993 24. The Act of 1993 is amended by inserting after section 51 the following: “Consultations with An Bord Pleanála before making of application under section 51 51A. (1) Where a road authority or the Authority, as the case may be, proposes to make an application for approval to An Bord Pleanála pursuant to section 51(2) in relation to a proposed road development, it may, before making the application, make a request to An Bord Pleanála to enter into consultations in relation to the proposed road development.
Amendment of section 64 of Act of 1993 (offences under Part V) 25. Section 64 (inserted by section 4 of the Roads Act 2007 ) of the Act of 1993 is amended by substituting for subsection (4) the following: “(4) The amount of any toll due and payable by a person under this Part may be recovered from that person as a simple contract debt by the road undertaking concerned in any court of competent jurisdiction and, for the purposes of this subsection, may be recovered as if the toll due and payable was founded on a contract made where— (a) the toll is being charged and collected, or (b) the liability to pay the toll is incurred.”.
Amendment of section 82 of Act of 1993 (grants to road authorities) 26. Part VI of the Act of 1993 is amended by substituting for section 82 the following: “82. The Minister may, subject to such conditions as he sees fit, in each financial year— (a) make grants, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas to road authorities in respect of any or all of their functions under this Act or otherwise in relation to public roads, (b) request the Authority to, and if requested the Authority shall— (i) make grants to road authorities in respect of any or all of their functions under this Act or otherwise in relation to regional and local roads, or (ii) make payments to any person in relation to regional and local roads, and (c) make payments, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform out of moneys provided by the Oireachtas, to any person in relation to public roads.
Administration of grants to road authorities 82A. The Minister may request the Authority to, and if requested the Authority shall, administer the payment of grants to road authorities under paragraph (b) (i) of section 82 on his or her behalf and to do all such things as arise out of, are consequential on or are necessary in the administration of such payments.”.
SCHEDULE Excluded Enactments for Purposes of Section 7(2)
Section 7
Section 18
of National Treasury Management Agency (Amendment) Act 2000 .
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