Dublin Transport Authority Act 2008

Dublin Transport Authority Act 2008 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 2008 Dublin Transport Authority Act 2008 Dublin Transport Authority Act 2008 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2008 DUBLIN TRANSPORT AUTHORITY ACT 2008 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Definitions. 3. Greater Dublin Area. 4. Commencement. 5. Expenses. 6. General power to make regulations. 7. Laying of orders and regulations before Houses of Oireachtas. PART 2 Dublin Transport Authority Chapter 1 Establishment of Dublin Transport Authority 8. Establishment day. 9. Establishment of Dublin Transport Authority. 10. General objectives of Authority. 11. Principal functions of Authority. 12. Transport strategy. 13. Integrated implementation plan. Chapter 2 Governance Arrangements for Authority 14. Membership of Authority. 15. Chairperson of Authority. 16. Meetings and procedures of Authority. 17. Advisory Council. 18. Functions of Advisory Council. 19. Chief executive officer. 20. Staff of Authority. 21. Superannuation for staff of Authority. 22. Engagement of consultants and advisers. 23. State authorities. 24. Subsidiaries. 25. Resources made available by Minister. 26. Ministerial policy directions. 27. Ministerial guidelines. 28. Advice and services. 29. Exchequer allocations to Authority. 30. Borrowings by Authority. 31. Guarantee by Minister for Finance of borrowings by Authority. 32. Accounts and annual report of Authority. 33. Gifts. 34. Code of conduct. 35. Disclosure of interests by members of Authority. 36. Disclosure of interests by directors of subsidiary. 37. Disclosure of interests by members of staff. 38. Prohibition on unauthorised disclosure of confidential information. 39. Prohibition on certain communications. 40. Membership of Houses of Oireachtas, European Parliament and local authorities. 41. Accountability to Committees of Oireachtas. 42. Authority to keep itself informed on certain matters. 43. Immunity of Authority. PART 3 Transport Matters Chapter 1 Public Transport Infrastructure 44. Functions of Authority in relation to public transport infrastructure. 45. Funding of public transport infrastructure. 46. Railway orders. Chapter 2 Public Passenger Transport Services 47. Definitions (Part 3, Chapter 2). 48. Public transport services contracts. 49. Funding of public transport services contracts. 50. Public service obligations. 51. Amendments to public service contracts. 52. Direct award public service contracts. 53. Public passenger transport services provided by CIÉ. 54. Public service contracts in respect of services partially outside GDA. 55. General provision relating to the operation of this Chapter. 56. Operator of last resort. Chapter 3 Integration Measures 57. Promotion of public transport. 58. Integrated ticketing scheme. 59. Fares scheme. 60. Integrated public transport information scheme. 61. Road user information system. 62. Access to bus stops, bus stands and bus and railway stations. 63. Extension of remit of Authority. Chapter 4 Traffic Management 64. Strategic traffic management plan. 65. Local traffic plans. 66. Traffic management guidelines. 67. Directions to road authorities. 68. Performance by Authority of functions of road authority. 69. Allocation of public funds to road authorities for traffic management. 70. Agreements and arrangements between road authorities in relation to traffic management and other functions of Authority. 71. Demand management. Chapter 5 Research and Information 72. Research. 73. Information, data and statistics. Chapter 6 Relationships Between Authority and Other Bodies 74. Relationship between Authority and NRA. 75. NRA and road authorities to ensure consistency with transport strategy in exercising their functions in GDA. 76. Relationship between Authority and DAA, port developers and State bodies. PART 4 Enforcement 77. Prosecution of summary offences and penalties. 78. Authorised officers and powers to call for production of documents, information, etc. 79. Application to High Court for order for information. 80. Directions and enforcement. PART 5 Land Use Provisions Chapter 1 Amendments of Act of 2000 81. Amendment of section 2 of Act of 2000 — definitions. 82. Amendment of section 9 of Act of 2000 (obligation to make development plans). 83. Amendment of section 11 of Act of 2000 (preparation of draft development plan). 84. Amendment of section 12 of Act of 2000 (making of development plan). 85. Amendment of section 13 of Act of 2000 (variation of development plan). 86. Amendment of section 19 of Act of 2000 (application and content of local area plans). 87. Amendment of section 20 of Act of 2000 (consultation and adoption of local area plans). 88. Amendment of section 21 of Act of 2000 (power to make regional planning guidelines). 89. Amendment of section 23 of Act of 2000 (content and objectives of regional planning guidelines). 90. Amendment of section 24 of Act of 2000 (consultation regarding regional planning guidelines). 91. Amendment of section 25 of Act of 2000 (procedure for making regional planning guidelines). 92. Amendment of section 31 of Act of 2000 (ministerial directions regarding development plans). 93. Insertion of new section 31A into Act of 2000 (ministerial directions regarding regional planning guidelines). 94. Amendment of Fourth Schedule to Act of 2000 (reasons for the refusal of permission which exclude compensation). 95. Insertion of new Part (DTA and land use provisions) into Act of 2000. Chapter 2 Amendments of Act of 1997 and Act of 2005 96. Amendment of section 3 of Act of 1997 — definitions. 97. Amendment of section 16 of Act of 1997 (council). 98. Amendment of section 24 of Act of 1997 (master plan). 99. Amendment of section 25 of Act of 1997 (planning schemes). 100. Amendment of section 2 of Act of 2005 — definitions. 101. Amendment of section 12 of Act of 2005 (strategic plan). PART 6 Dissolution of DTO and Transfer of Employees of DTO and RPA 102. Dissolution of DTO. 103. Transfer of land and other property. 104. Transfer of rights and liabilities. 105. Preservation of existing contracts. 106. Continuance of legal proceedings. 107. References in legislation to DTO. 108. Final accounts. 109. Admissibility in evidence of documents. 110. Transfer of employees of DTO and RPA. PART 7 Matters Relating to CIÉ and RPA 111. Parking facilities. 112. Bye-laws. 113. Articles of association of companies. 114. Disposal of CIÉ property. 115. Amendment of Act of 2001. PART 8 Railway works, etc. on Saint Stephen’s Green 116. Non-application of section 15 of Saint Stephen’s Green (Dublin) Act 1877 to surveys, inspections and railway works and operation of railway, light railway or metro. PART 9 Transport Officers 117. Transport officers. Acts Referred to Adoptive Leave Acts 1995 and 2005 Borrowing Powers of Certain Bodies Act 1996 1996, No. 22 Carer’s Leave Act 2001 2001, No. 19 Civil Service Regulation Acts 1956 to 2005 Companies Act 1963 1963, No. 33 Companies Act 1990 1990, No. 33 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Disability Act 2005 2005, No. 14 Dublin Docklands Development Authority Act 1997 1997, No. 7 European Parliament Elections Act 1997 1997, No. 2 Freedom of Information Act 1997 1997, No. 13 Grangegorman Development Agency Act 2005 2005, No. 21 Local Government Act 1991 1991, No. 11 Local Government Act 2001 2001, No. 37 Local Government (Roads Functions) Act 2007 2007, No. 38 Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 National Development Finance Agency Act 2002 2002, No. 29 National Development Finance Agency (Amendment) Act 2007 2007, No. 16 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Acts 1998 and 2006 Planning and Development Act 2000 2000, No. 30 Planning and Development (Amendment) Act 2002 2002, No. 32 Planning and Development (Strategic Infrastructure) Act 2006 2006, No. 27 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Railway Safety Act 2005 2005, No. 31 Redundancy Payments Acts 1967 to 2007 Roads Act 1993 1993, No. 14 Road Safety Authority Act 2006 2006, No. 14 Road Traffic Act 1961 1961, No. 24 Road Traffic Act 2002 2002, No. 12 Road Traffic and Transport Act 2006 2006, No. 28 Road Transport Act 1932 1932, No. 2 Road Transport Act 1986 1986, No. 16 Saint Stephen’s Green (Dublin) Act 1877 40 & 41, Vict. c. cxxxiv State Airports Act 2004 2004, No. 32 State Authorities (Public Private Partnership Arrangements) Act 2002 2002, No. 1 Terms of Employment (Information) Acts 1994 and 2001 Transport Act 1950 1950, No. 12 Transport Act 1958 1958, No. 19 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Transport (Re-organisation of Córas Iompair Éireann) Act 1986 1986, No. 31 Unfair Dismissals Acts 1977 to 2007 Number 15 of 2008 DUBLIN TRANSPORT AUTHORITY ACT 2008 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN IN THE ENGLISH LANGUAGE AS THE DUBLIN TRANSPORT AUTHORITY OR IN THE IRISH LANGUAGE AS ÚDARÁS IOMPAIR BHAILE ÁTHA CLIATH, TO DEFINE ITS FUNCTIONS AND FOR THAT PURPOSE TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000, THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001, THE DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT 1997, THE GRANGEGORMAN DEVELOPMENT AGENCY ACT 2005, THE ROAD TRANSPORT ACT 1986 AND THE TRANSPORT (RE-ORGANISATION OF CÓRAS IOMPAIR ÉIREANN) ACT 1986, TO PROVIDE FOR THE DISSOLUTION OF THE DUBLIN TRANSPORTATION OFFICE, TO PROVIDE THAT SECTION 15 OF THE SAINT STEPHEN’S GREEN (DUBLIN) ACT 1877 DOES NOT APPLY TO INSPECTIONS, SURVEYS OR RAILWAY WORKS OR THE OPERATION OF A RAILWAY, LIGHT RAILWAY OR METRO UNDER THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001 ON OR UNDER SAINT STEPHEN’S GREEN AND TO PROVIDE FOR RELATED MATTERS. [16th July, 2008] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title. 1.— This Act may be cited as the Dublin Transport Authority Act 2008. Definitions. 2.— In this Act— “ Act of 1950 ” means Transport Act 1950 ; “Act of 1958” means Transport Act 1958 ; “ Act of 1961 ” means Road Traffic Act 1961 ; “ Act of 1986 ” means Transport (Re-organisation of Córas Iompair Éireann) Act 1986 ; “Act of 1993” means Roads Act 1993 ; “ Act of 1997 ” means Dublin Docklands Development Authority Act 1997 ; “ Act of 2000 ” means Planning and Development Act 2000 ; “ Act of 2001 ” means Transport (Railway Infrastructure) Act 2001 ; “ Act of 2002 ” means Planning and Development (Amendment) Act 2002 ; “ Act of 2005 ” means Grangegorman Development Agency Act 2005 ; “ authorised officer ” means a person appointed under section 78 as an authorised officer of the Authority; “ Authority ” means Dublin Transport Authority established under section 9 ; “ bus ” means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver); “ Bus Éireann” means Bus Éireann-Irish Bus; “bus stop” means a designated stopping place at which passengers may board or alight from buses; “busway” has the meaning assigned to it by section 44(1) of the Act of 1993; “ car ” means a mechanically propelled vehicle which is not an omnibus (within the meaning of the Act of 1961) bus or a bicycle or tricycle; “ CIÉ ” means Córas Iompair Éireann; “ Commissioner ” means Commissioner of the Garda Síochána; “ company ” means company (within the meaning of the Companies Acts); “ cycleway ” has the meaning assigned to it by section 68(1) of the Act of 1993; “ DTO ” means Dublin Transportation Office; “ Dublin Bus ” means Bus Átha Cliath-Dublin Bus; “ GDA ” means Greater Dublin Area; “Greater Dublin Area” has the meaning assigned to it by section 3 ; “integrated implementation plan” is to be read in accordance with section 13 ; “ interchange facilities ” means infrastructure or premises which facilitate transport users using different modes of transport, including but not limited to park and ride facilities and facilities that allow for the stopping, parking or standing of taxis, cycles, motor cycles, buses, trains and cars in order to facilitate users of one mode of transport transferring to another mode; “ Irish Rail ” means Iarnród Éireann-Irish Rail; “ land ” has the meaning assigned to it by the Act of 2000; “light railway” means a railway designated as a light railway in a railway order made under the Act of 2001; “ local authority ” has the meaning assigned to it by the Local Government Act 2001 ; “ mechanically propelled vehicle ” has the meaning assigned to it by the Act of 1961; “ metro ” means a railway designated as a metro in a railway order made under the Act of 2001; “ Minister ” means Minister for Transport; “ National Spatial Strategy ” means the National Spatial Strategy: 2002 - 2020 published by the Government on 28 November 2002 or any document published by the Government which amends or replaces it; “ NRA ” means National Roads Authority; “ prescribe ” means prescribe by regulations; “ private car ” means a car which is not used for reward or to ply for hire; “ public bus service ” means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that— (a) the service is provided on a regular and scheduled basis, (b) each journey is open to use by members of the public, (c) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and (d) a charge or charges are paid in respect of each passenger, and is not a bus service solely for carrying children to or from school; “ public passenger transport service ” means rail passenger service or public bus service; “ public road ” has the meaning assigned to it by the Act of 1993; “ public transport authority ” means CIÉ, Irish Rail, Bus Éireann, Dublin Bus, the RPA or a road authority; “ public transport infrastructure ” means infrastructure constructed or provided, or proposed to be constructed or provided in connection with the provision of public passenger transport services, for the use of and which includes but is not limited to railway infrastructure, metro railway infrastructure, light railway infrastructure, rolling stock, buses, busways, bus garages, cycleways, cycle and pedestrian facilities, interchange facilities or such other class of infrastructure, facility, building or vehicle, whether of the same kind as the aforementioned or not, which the Authority has prescribed to be public transport infrastructure under section 44 (13); “ public transport operator ” means Irish Rail, Bus Éireann, Dublin Bus, the RPA or a person providing public passenger transport services under a contract with the RPA, a person providing public passenger transport services under a contract with the Authority or a person operating a passenger road service in accordance with a passenger licence granted under the Road Transport Act 1932 within or partially within the GDA; “ rail passenger service ” means a passenger transport service of general economic interest provided by rail to the public on a non-discriminatory and scheduled basis; “ railway infrastructure ” has the meaning assigned to it by the Act of 2001; “ regional authority ” means a body established in accordance with section 43 of the Local Government Act 1991 ; “ 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 and, except where otherwise specified, refers only to road authorities in the GDA; “ RPA ” means Railway Procurement Agency; “ subsidiary ” in sections 24 , 32 and 36 to 40 means subsidiary (within the meaning of section 155 of the Companies Act 1963 ) of the Authority; “ superannuation benefits ” means pensions, gratuities and other allowances payable on resignation, retirement or death; “ traffic management ” means the regulatory, administrative and other measures necessary for the purposes of facilitating, managing, regulating and controlling— (a) the movement of persons and goods on public roads, or (b) the parking of vehicles in public or other non-residential places; “ transport strategy ” is to be read in accordance with section 12 ; “Transport 21” means the capital investment framework published by the Minister in November 2005. Greater Dublin Area. 3.— The Greater Dublin Area comprises— (a) the city of Dublin, (b) the administrative counties of South Dublin, Fingal, Dún Laoghaire-Rathdown, Kildare, Wicklow and Meath, and (c) such other areas as may be declared by order, from time to time, by the Minister. Commencement. 4.— This Act, other than Parts 2 and 6, comes into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act. Expenses. 5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. General power to make regulations. 6.— (1) The Minister or the Authority, as the case may be, may make regulations for— (a) any purpose in relation to which regulations are provided for in this Act, or (b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed. (2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister or the Authority, as the case may be, considers necessary or expedient. Laying of orders and regulations before Houses of Oireachtas. 7.— (1) Every order (other than an order under section 4 , 8 , 17 or 102 ) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made. (2) Every regulation made by the Authority under section 44 (13) or 58 (4) shall be laid before each House of the Oireachtas as soon as practicable after it is made. (3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order. (4) The annulment of a regulation or order under subsection (3) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution. PART 2 Dublin Transport Authority Chapter 1 Establishment of Dublin Transport Authority Establishment day. 8.— The Minister may appoint by order a day to be the establishment day for the purposes of this Part. Establishment of Dublin Transport Authority. 9.— (1) There stands established on the establishment day a body to be known in the English language as the Dublin Transport Authority or in the Irish language, Údarás Iompair Bhaile Átha Cliath, and in this Act referred to as the Authority, to perform the functions assigned to it by or under this Act. (2) The functional area of the Authority is the GDA. (3) The Authority is a body corporate with perpetual succession and a 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 any other interest in land or any other property (freehold or leasehold). (4) The Authority shall, as soon as may be after its establishment, provide itself with a seal, which shall be authenticated by the signature of a member of the Authority or of another person authorised by the Authority to act in that behalf. (5) All courts shall take judicial notice of the seal of the Authority and every instrument purporting to be an instrument made by the Authority and to be sealed with its seal (purporting to be authenticated in accordance with subsection (4)) shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is shown. General objectives of Authority. 10.— In exercising its functions the Authority shall seek to achieve the following objectives— (a) the development of an integrated transport system which contributes to environmental sustainability and social cohesion and promotes economic progress, (b) the provision of a well-functioning, attractive, integrated and safe public transport system for all users, (c) improved access to the transport system and, in particular, to public passenger transport services by persons with disabilities, (d) increased use of the public transport system, (e) increased recourse to cycling and walking as means of transport, and (f) value for money. Principal functions of Authority. 11.— (1) The principal functions of the Authority are to— (a) undertake strategic planning of transport, (b) promote the development of an integrated, accessible public transport network, (c) regulate public transport fares, (d) promote increased recourse to cycling and walking as a means of transport, and (e) secure the— (i) provision of public passenger transport services, (ii) provision of public transport infrastructure, (iii) provision of integrated ticketing and information systems for public transport, (iv) effective management of traffic, (v) effective management of transport demand, (vi) development and implementation of a single public transport brand, (vii) collection of statistical data and information on transport, and (viii) conduct of research into transport. (2) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto. (3) The Minister may, with the consent of the Minister for Finance, by order confer on the Authority such additional functions in relation to transport as, from time to time, he or she considers appropriate. Transport strategy. 12.— (1) (a) The Authority shall make a strategic transport plan (“ transport strategy ”) in accordance with this section. (b) The Authority’s first transport strategy shall incorporate the work done on a new transport strategy by the DTO (until such time as it is dissolved under section 102 ). (c) Should the DTO complete its new transport strategy before it is dissolved under section 102 , that strategy shall be considered to be the Authority’s first transport strategy for the purposes of this section. (2) The Authority shall endeavour to ensure that the first transport strategy shall be published not later than one year following the review of the regional planning guidelines for the GDA in accordance with section 26 of the Act of 2000. (3) The objective of the transport strategy shall be to provide a long-term strategic planning framework for the integrated development of transport infrastructure and services in the GDA. (4) A transport strategy shall consider the future development of the transport system in the GDA for a period of not less than 12 years and not more than 20 years. (5) When preparing a transport strategy the Authority shall have regard to— (a) the National Spatial Strategy, (b) the regional planning guidelines in force for the GDA, (c) the development plans in force in the GDA, the Dublin Docklands Development Authority’s master plan and the Grangegorman Development Agency’s strategic plan, (d) Transport 21 or any subsequent capital investment framework for transport published by the Minister or Government, (e) the Department of Transport’s sectoral plan under the Disability Act 2005 or any subsequent sectoral plan under that Act, (f) demographic, economic, social, travel and transport trends in the GDA, (g) existing, planned and projected land use developments, (h) trends and requirements of persons travelling from outside the GDA into the GDA, and vice versa, and the demand for such travel, (i) any proposals received from public transport authorities and operators, and (j) such other matters as may be prescribed by the Minister or as the Authority considers appropriate. (6) The Authority shall ensure that the transport strategy is consistent with relevant regional planning guidelines for the GDA prepared in accordance with Chapter III, Part II, of the Act of 2000. (7) A transport strategy shall be prepared in such form and manner as may be directed by the Minister. (8) The Authority shall— (a) in the course of preparing a transport strategy, and (b) after publishing a preliminary draft of the strategy, consult with and consider the views of the Minister for the Environment, Heritage and Local Government, the regional authorities within the GDA, the NRA, the Dublin Docklands Development Authority, the Grangegorman Development Agency, local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite and consider written public submissions. (9) The Authority shall, after completing the consultation required under subsection (8), submit a draft of its transport strategy to the Minister for his or her approval. (10) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the regional authorities within the GDA and those regional authorities shall, within 4 weeks of their receipt of the draft, issue a notice to the Authority, the Minister and the Minister for the Environment, Heritage and Local Government stating whether, in their view, the draft strategy is— (a) consistent with the regional planning guidelines for the GDA, or (b) not consistent with the regional planning guidelines for the GDA and in such case what amendments to the draft strategy they consider necessary to achieve such consistency. (11) (a) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the Joint Oireachtas Committee. (b) Whenever so requested, the chairperson and the chief executive shall appear before the Joint Oireachtas Committee to discuss the draft strategy. (c) The Joint Oireachtas Committee may, within 4 weeks of its receipt of the draft transport strategy, submit a report to the Minister containing recommendations on it. (d) In this section “Joint Oireachtas Committee” means a Joint Committee of the Houses of the Oireachtas to which the Oireachtas has assigned the role of examining matters relating to transport. (12) Where a notice received by the Minister from the regional authorities within the GDA under subsection (10) contains a statement of the type referred to in subsection (10)(b) the Minister may, after consulting with the Minister for the Environment, Heritage and Local Government, take any of the actions specified in subsection (13) and where he or she does not accept, or does not fully accept, the advice of the regional authorities given under subsection (10), he or she shall inform the regional authorities in writing of the reasons for such decision. (13) Following the expiry of the period of 4 weeks referred to in subsection (10), the Minister may, having considered any notice or report received under subsections (10) or (11), in relation to a draft transport strategy submitted to him or her— (a) approve the draft, (b) approve it with modifications, (c) instruct that it be resubmitted to him or her in a modified form for approval, or (d) refuse to approve it. (14) The Minister shall, as soon as practicable after he or she has approved (with or without modifications) a transport strategy under subsection (13), cause a copy of it to be laid before each House of the Oireachtas. (15) As soon as practicable after the Minister has notified the Authority that he or she has approved a transport strategy, the Authority shall publish it and take all reasonably practical steps to implement it. (16) Where the Authority has made a transport strategy, it shall not later than 6 years after the making of the strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy and make a new strategy. (17) Where the Authority makes a new transport strategy, it must do so in accordance with this section and the new strategy supersedes any previous strategy. Integrated implementation plan. 13.— (1) As soon as practicable after the establishment day, and thereafter within 9 months of the approval by the Minister of a transport strategy, the Authority shall make a plan (“ integrated imple mentation plan ”) for the ensuing 6 year period in accordance with this section. (2) An integrated implementation plan shall comprise— (a) an infrastructure investment programme, identifying the key objectives and outputs to be pursued by the Authority over the period of the plan, (b) the actions to be taken by the Authority to ensure the effective integration of public transport infrastructure over the period of the plan, (c) an integrated service plan, identifying the key objectives and outputs to be pursued by the Authority in relation to the procurement of public passenger transport services over the period of the plan, (d) the actions to be taken by the Authority to ensure the effective integration of public passenger transport services over the period of the plan, and (e) such other matters as the Authority considers appropriate or as may be prescribed by the Minister. (3) An integrated implementation plan shall be prepared in such form and manner as may be directed by the Minister and have regard to— (a) any proposals received from public transport authorities and operators, and (b) the need to ensure the most beneficial, effective and efficient use of Exchequer resources. (4) The Minister, in consultation with the Minister for Finance, shall provide to the Authority written guidance on multi-annual funding arrangements and the Authority shall have regard to such guidance in preparing an integrated implementation plan. (5) The Authority shall, in the course of preparing an integrated implementation plan, consult with and consider the views of local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite written public submissions on the plan. (6) The Authority shall submit a draft of its integrated implementation plan to the Minister for his or her approval. (7) The Minister may, in relation to a draft integrated implementation plan submitted to him or her— (a) approve the draft, (b) approve it with modifications, (c) instruct that it be resubmitted to him or her in a modified form for approval, or (d) refuse to approve it. (8) The Minister shall as soon as practicable after he or she has approved (with or without modifications) an integrated implementation plan under subsection (7), cause a copy of it to be laid before each House of the Oireachtas. (9) As soon as practicable after the Minister has notified the Authority that he or she has approved an integrated implementation plan, the Authority shall publish it and take all reasonably practical steps to implement it. Chapter 2 Governance Arrangements for Authority Membership of Authority. 14.— (1) The Authority shall consist of a chairperson and 9 ordinary members who shall perform and carry out the functions of the Authority in accordance with this Act. (2) The chairperson and ordinary members of the Authority shall be appointed by the Minister as follows: (a) the chief executive of the Authority as an ordinary member, for as long as he or she continues to be the chief executive, (b) the holder of the office of Dublin City Manager as an ordinary member, for as long as he or she continues to hold that office, (c) an ordinary member being the holder of the position of a senior management post in the Authority to be specified by the chairperson with the consent of the Minister, for as long as he or she continues to hold that post, and (d) the chairperson and 6 ordinary members, from persons who in the opinion of the Minister have wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration. (3) A member of the Authority shall be paid out of funds at the disposal of the Authority— (a) such remuneration (if any) as may be fixed from time to time by the Minister, with the consent of the Minister for Finance, and (b) such amount in respect of expenses (if any) as the Minister, with the consent of the Minister for Finance, may determine. (4) A member of the Authority appointed in accordance with subsection (2)(d) including the chairperson— (a) shall be appointed for a period of not more than 5 years, (b) whose term of office expires by the passage of time, is eligible for re-appointment. However, he or she shall not serve for more than 10 years in total, and (c) may at any time— (i) resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of the receipt of the letter, whichever is later, or (ii) be removed from membership of the Authority 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 Authority of its functions. (5) A member of the Authority ceases to hold and is disqualified from holding office if he or she— (a) is adjudged bankrupt, (b) makes a composition or arrangement with creditors, (c) is sentenced by a court of competent jurisdiction to serve a term of imprisonment, or (d) is disqualified or restricted from being a director of any company. (6) (a) If a member of the Authority dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Authority to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Authority who occasioned the casual vacancy. (b) Subject to the other provisions of this section, a person appointed to be a member of the Authority under paragraph (a) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and is eligible for re-appointment subject to a maximum term of 10 years. (7) 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 Authority. Chairperson of Authority. 15.— (1) The Minister shall appoint the chairperson of the Authority on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance. (2) Where the chairperson of the Authority ceases during his or her term of office as chair to be a member of the Authority, he or she also then ceases to be chairperson of the Authority. (3) Where the chairperson is unavailable to perform his or her duties, he or she, or, if he or she is unable to do so, the Minister, shall appoint another member appointed under section 14 (2)(d) to be an acting chairperson to assume the duties of the chairperson, in the absence of the chairperson, for a specified period not exceeding 12 months. Meetings and procedures of Authority. 16.— (1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions. (2) The quorum for a meeting of the Authority shall be 5 or such other number as may from time to time be fixed by the Minister. (3) At a meeting of the Authority— (a) the chairperson of the Authority shall, if present, be chairperson of the meeting, and (b) if and so long as the chairperson of the Authority is not present or if the office of the chairperson is vacant, the members of the Authority who are present shall choose one of their number to be chairperson of the meeting. (4) At a meeting of the Authority, each member of the Authority present shall have a vote and every question shall be determined by a majority of 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. (5) The Authority may act notwithstanding one or more vacancies among its members. (6) Except as otherwise provided by this Act, the Authority shall regulate its own procedure and business. (7) The Authority may perform or exercise any of its functions through or by the chairperson or any of its members or any other person who has been duly authorised by the Authority in that behalf. Advisory Council. 17.— (1) There is established on the appointed day a body to be known as, in the English language, the Dublin Transport Authority Advisory Council, or in the Irish language, Comhairle Chomhairleach Údarás Iompair Bhaile Átha Cliath, in this Act referred to as the Council, to perform the functions assigned to it by or under this Act. (2) The Council shall consist of a chairperson and 23 ordinary members. (3) The Minister shall appoint a person who in his or her opinion has wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration, to be chairperson of the Council. (4) The ordinary members of the Council shall be appointed by the Minister as follows: (a) 3 local authority managers or officers as follows: (i) the City Manager of Dublin City Council, (ii) one from the county managers for the County Councils of Dún Laoghaire-Rathdown, Fingal and South Dublin, as decided by those county managers, and (iii) one from the county managers for the County Councils of Kildare, Meath and Wicklow, as decided by those county managers, or an officer of those Councils as nominated by the relevant manager, (b) a member of the Garda Síochána (not below the rank of Chief Superintendent) nominated by the Commissioner, (c) a member of each City Council and County Council in the GDA nominated by the members of the Councils concerned, (d) a member of the Dublin Regional Authority and a member of the Mid-East Regional Authority nominated by the authorities concerned, (e) 2 members nominated by the Irish Congress of Trade Unions, (f) 2 members representative of the interests of business, (g) 2 members representative of the interests of community development in the GDA or concerned with the promotion of the social, economic, environmental or general interests of communities in that Area, and (h) 4 members representative of the public interest. (5) The Minister may prescribe organisations (“prescribed organisations”) which shall be invited to nominate candidates for membership of the Council under subsection (4)(f) to (h). (6) The prescribed organisations for the purposes of subsection (4)(h) may include organisations which, in the opinion of the Minister, are representative of— (a) the interests of transport users, (b) the interests of people with disabilities, or (c) persons whose professions or occupations relate to transport, land use planning, urban design, architecture or civil engineering. (7) A prescribed organisation shall, whenever so requested by the Minister, select such number (not being less than 2 and always being an even number) of candidates as the Minister may specify for appointment and shall inform the Minister, within such period as the Minister shall specify when making the request, of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment. (8) (a) In making nominations under subsection (4)(e) or selections under subsection (7), the organisations concerned shall, having regard to relevant experience, nominate or select an equal number of men and women. (b) In considering persons for appointment under subsection (4), the Minister shall have regard, in so far as is practicable, to relevant experience and ensuring an equitable balance between men and women in the composition of the Council. (9) Subject to subsection (10), in the case of an appointment under subsection (4)(f) to (h) the Minister shall not appoint a person to be an ordinary member of the Council unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment. (10) Notwithstanding subsection (7) or (9), if— (a) a prescribed organisation refuses or fails to select any candidate pursuant to a particular request under subsection (7), or (b) the Minister decides not to appoint as an ordinary member of the Council any of the candidates selected by such organisations pursuant to the request, then the Minister shall either— (i) appoint as an ordinary member of the Council a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or (ii) make a further such request and shall appoint as an ordinary member of the Council a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment. (11) Where a request is made under subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as an ordinary member of the Council of a person who was selected in relation to that appointment by any of the aforesaid organisations. (12) The chairperson of the Council shall chair the meetings of the Council and, in the event of the chairperson being unable to attend a meeting of the Council or of the office of chairperson being vacant, the ordinary members who are present shall choose one of their number to chair the meeting. (13) An appointment under this section, including the appointment of the chairperson, shall be for a period not exceeding 5 years as may be specified by the Minister when making the appointment and on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Finance. (14) Where an ordinary member of the Council appointed under— (a) subsection (4)(a) ceases to be the manager or an officer of the city or county council concerned, (b) subsection (4)(b) ceases to be a member of the Garda Síochána, or (c) subsection (4)(c) or (d) ceases to be a member of the city or county council or the regional authority concerned, during the term of office specified by the Minister under subsection (13) in relation to that ordinary member, the person’s appointment as such member is terminated with effect from the date of the cessation. (15) A member of the Council, including the chairperson, shall be paid, out of moneys at the disposal of the Authority, such allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine. (16) A member of the Council, including the chairperson, whose term of office expires by the passage of time shall be eligible for re-appointment, subject to subsection (14). (17) Subject to this section, the Council shall regulate its own procedure and business. (18) The Authority shall provide all reasonable facilities and services as may be required by the Council for the carrying out of its functions. (19) The Council may act notwithstanding a vacancy or vacancies in its membership. (20) The Minister shall fix the date, time and place of the first meeting of the Advisory Council and the members of the Council shall decide on the frequency of all further meetings, subject to its meeting at least 4 times a year. (21) The chairperson or an ordinary member of the Council may at any time— (a) resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of receipt of the letter, whichever is later, or (b) be removed from membership of the Council 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 Council of its functions. (22) The Minister shall by order appoint a day to be the appointed day for the purposes of this section. Functions of Advisory Council. 18.— (1) The functions of the Council are to— (a) consider and make recommendations to the Authority on a— (i) draft transport strategy, and (ii) draft integrated implementation plan, (b) monitor the implementation of the transport strategy and the integrated implementation plan and make any recommendations it considers appropriate to the Authority, (c) consider and make recommendations to the Authority on a draft strategic traffic management plan, (d) monitor the implementation of the strategic traffic management plan and make any recommendations it considers appropriate to the Authority, and (e) make recommendations to the Authority in relation to the discharge of any of its functions. (2) The Authority shall consider the recommendations of the Council under this section and may accept or reject in whole or in part a recommendation of the Council. (3) Where the Authority rejects a recommendation of the Council in whole or in part, it shall state the reasons for such rejection to the Council. (4) (a) The Authority shall publish any recommendations made by the Council under subsection (1) and any reasons stated by it under subsection (3). (b) Publication by the Authority on its website shall constitute compliance with paragraph (a). (5) The Minister or the Authority may consult with or seek the advice of the Council on any matter arising in relation to the exercise of the functions of the Authority. (6) The Council shall be entitled to be informed at each of its meetings about the work of the Authority, provided that disclosure of such information shall not, in the opinion of the Authority— (a) relate to matters which the Authority consider to be of a commercially sensitive nature, (b) could impede the present or future performance of its functions, or (c) be in breach of section 38 . Chief executive officer. 19.— (1) There shall be a chief executive officer of the Authority (“ chief executive ”). (2) The chief executive shall carry on and manage, and control generally, the staff, administration and business of the Authority and perform such other functions (if any) as may be determined by the Authority. (3) The chief executive— (a) shall be appointed by the Authority in accordance with procedures determined by the Authority, and (b) may be removed from office at any time for stated reasons by the Authority, with the consent of the Minister. (4) The chief executive shall hold office for such term and upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority with the consent of the Minister given with the approval of the Minister for Finance. (5) The chief executive shall not hold any other office or position without the consent of the Authority. (6) Where a competition to appoint a chief executive is held prior to the establishment day the successful candidate may be appointed by the Minister as the chief executive designate of the Authority. (7) Notwithstanding subsection (3)(a), the chief executive designate shall be appointed chief executive on the establishment of the Authority. (8) The chief executive shall provide the Authority with such information, including financial information, in relation to the performance of his or her functions as the Authority may from time to time require. (9) 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 Authority as may from time to time be designated for that purpose by the Authority. Staff of Authority. 20.— (1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the approval of the Minister and the Minister for Finance. (2) A member of the staff of the Authority (other than the chief executive) shall— (a) be paid such remuneration (including allowances for expenses) as the Authority may determine with the approval of the Minister and the Minister for Finance, and (b) hold his or her office or employment on such other terms and conditions as the Authority may determine. (3) The categories of the staff of the Authority and the numbers of staff in each category shall be determined by the Authority. (4) The chairperson of the Authority shall report to the Minister each year regarding the exercise of its responsibilities under subsections (1), (2) and (3). (5) A member of the staff of the Authority shall not be a civil servant within the meaning of the Civil Service Regulation Acts 1956 to 2005. (6) Notwithstanding subsection (5), officers of the Minister may be seconded to the Authority, at its request and at the discretion of the Minister, for a period not exceeding 2 years. (7) The Authority may at any time remove any member of the staff of the Authority from being a member of its staff where that person fails to perform his or her functions satisfactorily. (8) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any member of the staff of the Authority arising from a failure to perform or to comply with any of the functions conferred on the Authority by this Act. Superannuation for staff of Authority. 21.— (1) The Authority 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 Authority 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 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 submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms. (5) A scheme made under this section shall make provision for appeals. (6) No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such benefit to a member of the staff of the Authority, otherwise than in accordance with a scheme under this section, or otherwise as may be approved of by the Minister, with the consent of the Minister for Finance. (7) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons transferred under section 110 shall not be less favourable than those to which they were entitled immediately before the dissolution day. (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 transferred under section 110 , the benefit shall be calculated by the Authority in accordance with such scheme as applied to the person immediately before the dissolution day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and any benefit payable shall take account of both periods of service. (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. Engagement of consultants and advisers. 22.— (1) The Authority may, from time to time, engage such consultants or advisers, as it may consider necessary to assist it in the discharge of its functions. (2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Authority. State authorities. 23.— (1) The Schedule to the State Authorities (Public Private Partnership Arrangements) Act 2002 is amended by inserting “Dublin Transport Authority.” at the end of it. (2) The Schedule (inserted by section 11 of the National Development Finance Agency (Amendment) Act 2007 ) to the National Development Finance Agency Act 2002 is amended by inserting after reference 15 “15A. Dublin Transport Authority.”. Subsidiaries. 24.— (1) Such functions of the Authority as it may determine may be performed by a subsidiary and, accordingly, the Authority 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 Authority 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, or enter into joint ventures or partnerships for the purpose of fulfilling any of its functions. (3) The Authority 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 Authority, with the consent of the Minister and the Minister for Finance. Resources made available by Minister. 25.— (1) The Minister may make available to the Authority, on a request being made by the Authority, such staff, premises, equipment, services or other resources, as the Minister may determine from time to time in consultation with the Minister for Finance. (2) The Authority shall, on request from the Minister, pay to the Minister such sum or sums as the Minister may specify to be the expenses incurred by the Minister in making available to the Authority such staff, premises, equipment, services or other resources under subsection (1). (3) Where the Minister makes available to the Authority under subsection (1) any officer of the Minister, that officer remains an officer of the Minister and shall not be considered to be a member of the staff of the Authority. Ministerial policy directions. 26.— (1) The Minister may, from time to time, give policy directions in writing to the Authority regarding any of its functions under this Act. The Authority shall comply with any such direction in the performance of its functions. (2) The Minister may give a policy direction in writing to a subsidiary of the Authority. The subsidiary shall comply with any such direction. (3) Where the Minister gives a direction under this section a notice of the giving of the direction and the details of it shall be— (a) laid before each House of the Oireachtas, as soon as may be, after it is given, and (b) published in the Iris Oifigiúil within 28 days of giving it and in such other manner as the Minister considers appropriate (including on the internet). Ministerial guidelines. 27.— (1) The Minister may, at any time, issue guidelines in writing to the Authority regarding any of its functions under this Act. The Authority shall have regard to such guidelines in the performance of its functions. (2) The Minister may issue guidelines in writing to a subsidiary of the Authority. The subsidiary shall have regard to such guidelines. (3) Where the Minister issues a guideline under this section a notice of the issuing of the guideline and the details of it shall be— (a) laid before each House of the Oireachtas, as soon as may be, after it is given, and (b) published in the Iris Oifigiúil within 28 days of giving it and in such other manner as the Minister considers appropriate (including on the internet). Advice and services. 28.— (1) The Authority shall, on receipt of a request from the Minister, provide— (a) advice (including advice in relation to transport outside the functional area of the Authority), or (b) services (including services of staff), to the Minister on such terms and conditions (including payment for such advice or services) as may be agreed and the Minister may avail of such advice or services. (2) The Authority may provide services (including services of staff) to a local authority or other persons on such terms and conditions (including payment for such services) as may be agreed. (3) The Authority may fix, require, take and recover such charges as it thinks fit for services provided by or on behalf of it. Exchequer allocations to Authority. 29.— (1) The Minister may, subject to such conditions as he or she sees fit, in each financial year make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the capital and current expenditure, including administrative expenditure, of the Authority. (2) Conditions attaching to grants made under subsection (1) may include terms governing repayment of a grant, interest and such other matters as may be determined by the Minister, with the consent of the Minister for Finance. Borrowing …