In short
This law clarifies and expands the powers of State authorities regarding development, management, and provision of services related to their properties and works. It ensures these authorities have the necessary capabilities to carry out their functions.
What it regulates
- The ability of State authorities to carry out or procure development.
- The maintenance, management, repair, improvement, alteration, enlargement, reduction, or removal of State-owned buildings, structures, works, or property.
- The provision of goods and services by State authorities, either for payment or free of charge.
- Incidental, supplemental, ancillary, and consequential powers necessary for State authorities to exercise their main powers.
Who it concerns
- Ministers of the Government.
- The Commissioners of Public Works in Ireland.
Key points
- State authorities have, and are deemed always to have had, the power to carry out development and manage their properties.
- They can supply goods and provide services, with or without payment.
- Powers conferred on a State authority (other than the Minister for Finance) can only be exercised with the consent of the Minister for Finance after this Act's passing.
- "Development" means carrying out works on, in, or under land, or making a material change in the use of structures or other land.
đ Legal text
State Authorities (Development and Management) Act, 1993
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1993
State Authorities (Development and Management) Act, 1993
State Authorities (Development and Management) Act, 1993
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Number 1 of 1993
STATE AUTHORITIES (DEVELOPMENT AND MANAGEMENT) ACT, 1993
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Powers of State authorities.
3.
Expenses.
4.
Short title.
Number 1 of 1993
STATE AUTHORITIES (DEVELOPMENT AND MANAGEMENT) ACT, 1993
AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE POWERS OF STATE AUTHORITIES. [18th February, 1993]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
1.âIn this Actâ
Definitions.
âthe Commissionersâ means the Commissioners of Public Works in Ireland;
âthe Ministerâ means the Minister for Finance;
âState authorityâ means any authority beingâ
(a) a Minister of the Government, or
(b) the Commissioners.
Powers of State authorities.
2.â(1) A State authority shall have, and be deemed always to have had, powerâ
(a) to carry out, or procure the carrying out of, development,
(b) to maintain, manage, repair, improve, alter, enlarge, reduce in size, remove or otherwise deal with buildings or structures or other works or property of, or provided under paragraph (a) of this subsection by, a State authority,
(c) to procure the maintenance, management, repair, improvement, alteration, enlargement, reduction, removal or dealing aforesaid,
(d) to supply goods, and to provide services, whether upon payment or free of charge.
(2) A State authority shall have, and be deemed always to have had, all such incidental, supplemental, ancillary and consequential powers as, in the opinion of the authority, are necessary or expedient for the purposes of the exercise by it of the powers aforesaid.
(3) If, because of any or all of its provisions, subsections (1) and (2) of this section would, but for the provisions of this subsection, conflict with the constitutional rights of any person, the provisions of those subsections shall be subject to such limitations as are necessary to secure that they do not so conflict but shall otherwise be of full force and effect.
(4) The powers referred to in subsections (1) and (2) of this section and conferred on a State authority (other than the Minister) shall be exercisable after the passing of this Act only with the consent (which may be general or particular) of the Minister.
(5) The powers referred to in subsections (1) and (2) of this section are not in substitution for any other powers standing conferred on a State authority immediately before the passing of this Act.
(6) In this section âdevelopmentâ means the carrying out of any works on, in or under land or the making of any material change in the use of any structures or other land.
Expenses.
3.âThe expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas and the expenses incurred by a Minister of the Government other than the Minister shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.
Short title.
4.âThis Act may be cited as the State Authorities (Development and Management) Act, 1993.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.