(8)Where the Authority terminates or varies an assignment in accordance with subsection (7), it shall recompense the assignee for the reasonable costs incurred, if any, by it up to the time of termination or variation.
\n
Access to bus stops, bus stands and bus and railway stations.
\n
62.— (1) The Authority may designate any bus stop, bus stand, bus or railway station in the GDA to be a shared facility (“ shared facility ”).
\n
(2)Where a bus stop, bus stand, bus or railway station handles public passenger transport services which include services which originate or terminate outside the functional area of the Authority, a designation under subsection (1) may only be made with the consent of the Minister.
\n
(3)The Authority shall specify either generally or in relation to a class of shared facility or in relation to an individual shared facility the conditions under which the owner or operator of a shared facility shall allow access to the shared facility by a public transport operator, including but not limited to— (a) the level of access to be allowed, (b) the services (including structures and equipment) to be made available, and (c) the level of any compensation to be paid by a public transport operator to the owner or operator of a shared facility in respect of such access and the provision of such services.
\n
(4)The Authority shall, where it is considering the making of a designation under subsection (1) or the specifying of conditions under subsection (3), consult with and consider the views of the owner and operator of the relevant facility or facilities and with any public transport operator or other person who might be affected by the making of the designation as the Authority deems appropriate.
\n
(5)Where the Authority designates a shared facility under subsection (1) that designation shall (notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company) be deemed to be a direction given by the Authority requiring the owner or operator of the shared facility or facilities concerned to comply with the conditions specified by the Authority under subsection (3).
\n
(6)The Authority shall ensure that the level of compensation which is payable by a public transport operator to the owner or operator of a shared facility in accordance with the conditions specified under subsection (3) shall be determined on a reasonable cost, non-discriminatory basis, having regard to appropriately depreciated costs incurred by the owner or operator concerned in providing, maintaining and operating that shared facility.
\n
(7)The Authority may publish guidelines on access to shared facilities (including the design, construction and operation of such facilities) and public transport operators and owners or operators of a shared facility shall have regard to these guidelines when operating or using such shared facilities.
\n
(8)For the purposes of this section, a bus station and a railway station means a place at which persons, who are not employees of a public transport operator, access or alight from public passenger transport services.
\n
Extension of remit of Authority.
\n
63.— (1) The Minister may by order extend the functions assigned to the Authority under section 58 , 59 or 60 to apply— (a) to a specified area or areas outside the GDA either generally or in respect of a specified class or classes of public passenger transport services, or (b) in respect of public passenger transport services or a specified class or classes of public passenger transport services provided outside the GDA by a specified public transport operator.
\n
(2)The Authority may, by agreement with a public transport operator, include services provided by that operator which do not operate exclusively within the GDA under the remit of any function of the Authority under this Part.
\n
Chapter 4
\n
Traffic Management Strategic traffic management plan.
\n
64.— (1) The Authority shall prepare, adopt and implement a strategic traffic management plan for the GDA (“ traffic management plan ”) to identify the actions to be taken to secure, in the view of the Authority, the optimal movement of persons, goods and vehicles.
\n
(2)In preparing the traffic management plan, the Authority shall have regard to— (a) current and projected traffic volumes, (b) relevant regional planning guidelines under Chapter III, Part II, of the Act of 2000, (c) Transport 21 or any subsequent capital investment framework for transport published by the Minister or Government, (d) the Department of Transport’s sectoral plan under the Disability Act 2005 or any subsequent sectoral plan under that Act, (e) demographic, economic and social trends in the GDA, (f) existing, planned and projected land use developments, (g) any significant impacts on the movement of persons, goods and vehicles arising from construction and other works, and (h) such other matters as may be prescribed by the Minister from time to time or as the Authority considers appropriate.
\n
(3)A traffic management plan shall in particular identify the actions to be taken to ameliorate the impact on the movement of persons, goods and vehicles arising from construction works and other works in relation to the provision of transport infrastructure and utility works, whether carried out by a road authority or a third party. The plan shall also identify the actions to be taken to provide and maintain accessible routes for people with disabilities during any such works.
\n
(4)The Authority shall, in the course of preparing a traffic management plan, consult with and consider the views of the NRA, road authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities and companies and other interested parties in the GDA and shall invite written public submissions on the plan.
\n
(5)The Authority shall ensure that the traffic management plan is reviewed and a new plan adopted not later than 6 years after the adoption of the previous plan.
\n
(6)Notwithstanding subsection (5), the Authority shall review its traffic management plan and adopt a new plan at any time where the Authority deems it appropriate to do so or following a direction from the Minister to carry out such a review.
\n
Local traffic plans.
\n
65.— (1) A road authority shall prepare, adopt and implement a traffic plan (“ local traffic plan”) for its functional area for the effective management of traffic which is consistent with the strategic traffic management plan under section 64 within 6 months of its publication.
\n
(2)A road authority shall have regard to any relevant guidelines issued by the Authority under section 66 in preparing a local traffic plan.
\n
(3)A local traffic plan shall— (a) specify the— (i) use by the road authority of the net proceeds of parking or other traffic management revenues for traffic management or other transport-related purposes within its functional area, and (ii) measures to be taken to manage utility or other works, whether carried out by the road authority or a third party, on roads in the functional area of the road authority to ameliorate the impact of such works on the movement of persons, goods and vehicles, and (b) identify the actions to be taken to— (i) ameliorate the impact on the movement of persons, goods and vehicles arising from construction works and other works in relation to the provision of transport infrastructure and utility works, whether carried out by the road authority or a third party, and (ii) provide and maintain accessible routes for people with disabilities during any such works.
\n
Traffic management guidelines.
\n
66.— (1) The Authority may, in relation to the implementation of its traffic management plan or otherwise for the purposes of traffic management, issue guidelines to road authorities in relation to all or any of the following: (a) the location and provision of traffic signs (within the meaning of section 95 of the Act of 1961), (b) the location of bus stops and bus stands, (c) the design, provision, maintenance and operation of traffic information systems and traffic management control systems, (d) the design, provision, maintenance and management of bus priority schemes and walking and cycling facilities, (e) the design, provision and management of facilities for the parking of vehicles, (f) the design and management of planned construction works which are likely to affect traffic management, and (g) the additional works or activities, if any, within the statutory responsibilities of road authorities that the Authority deem appropriate for the effective implementation of its traffic management plan.
\n
(2)Before issuing guidelines to a road authority under subsection (1), the Authority shall consult with and consider the views of the NRA in relation to the proposed guidelines.
\n
(3)The Authority may, until the commencement of section 16 of the Road Traffic Act 2002 , in relation to the implementation of its traffic management plan or otherwise for the purposes of traffic management, issue guidelines to the Commissioner in relation to the location of bus stops and bus stands.
\n
(4)The Authority may where it deems it appropriate to do so revise or withdraw a guideline under this section.
\n
(5)Road authorities and the Commissioner, as the case may be, shall have regard to guidelines issued by the Authority under this section.
\n
Directions to road authorities.
\n
67.— (1) The Authority may, for the purposes of the implementation of the traffic management plan or otherwise for the purposes of traffic management, give a direction to a road authority to— (a) acquire land by making a compulsory purchase order or otherwise, (b) prepare, or arrange for the preparation of, designs for specified works, (c) undertake specified works, (d) undertake, or arrange for the undertaking of, a traffic management scheme, and (e) do anything which arises out of or is consequential on or is necessary or expedient for the purposes of or would facilitate traffic management.
\n
(2)Before giving a direction under subsection (1) to a road authority, the Authority shall consult with and consider the views of the road authority.
\n
(3)A direction under subsection (1) may specify the time within which such direction is to be complied with and such other matters as the Authority considers necessary.
\n
Performance by Authority of functions of road authority.
\n
68.— (1) Where— (a) a road authority refuses or fails to comply with a direction under section 67 , or (b) in any case in which it appears to the Authority that the circumstances so warrant, the Authority may decide, notwithstanding any other enactment, to perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.
\n
(2)The Minister may prescribe a class of case in which a decision by the Authority under subsection (1) does not have effect unless or until it is approved by him or her.
\n
(3)Where a decision is made by the Authority under subsection (1) to perform a particular function otherwise than through a road authority, the following have effect— (a) the Authority is empowered (notwithstanding any other enactment) to perform the function and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function, and (b) any enactment concerned applies in relation to the performance of the function subject to such modifications as may be necessary.
\n
Allocation of public funds to road authorities for traffic management.
\n
69.— The Authority may allocate moneys and make payments to road authorities or other persons in relation to traffic management.
\n
Agreements and arrangements between road authorities in relation to traffic management and other functions of Authority.
\n
70.— (1) Where it appears to the Authority that an agreement ought to be made between road authorities in relation to traffic management or other functions of the Authority, the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.
\n
(2)Any agreement made under subsection (1) shall be submitted to the Authority for its approval and shall have no force or effect until approved by the Authority.
\n
(3)Where any road authority concerned refuses or fails to comply with a request under subsection (1), the Authority may, after affording an opportunity to the road authorities concerned to make representations to it in writing and considering any representations made, give a direction to them to enter into an agreement in accordance with such terms and conditions as it may specify.
\n
(4)An agreement entered into under this section shall not be revoked save with the consent of the Authority.
\n
Demand management.
\n
71.— (1) The Authority shall pursue the implementation of demand management measures in the GDA.
\n
(2)The Authority may make a demand management scheme for the GDA setting out the measures which it proposes to take itself or through public transport authorities or other persons to implement demand management measures.
\n
(3)The Authority may, notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, give a direction to a public transport authority in relation to the implementation of demand management measures.
\n
(4)(a) The Authority may issue guidelines to public transport authorities or to other public bodies in relation to the implementation of demand management measures. (b) In this subsection “ public body ” means Minister of the Government or any body established by or under statute.
\n
(5)The Authority may allocate moneys and make payments to public transport authorities or other persons in relation to demand management measures.
\n
(6)The Authority shall keep under review— (a) existing and future transport demand in the GDA, (b) the effectiveness of demand management measures in operation under this section, (c) policies, practices and technologies in relation to demand management in other jurisdictions, and (d) the effectiveness of the provisions of this Act and any other relevant statutory provisions, in relation to demand management measures, and may from time to time submit to the Minister such proposals in relation to additional measures as it considers necessary or desirable and which would require additional statutory powers to implement.
\n
(7)In this section “ demand management measures ” means measures which promote a reduction in the total amount of travel or reduced growth in the total amount of travel and includes measures to— (a) reduce the need to travel, (b) reduce the use of mechanically propelled vehicles and particularly private cars, (c) increase travel by public transport, bicycle or on foot as an alternative to the private car, (d) encourage travel at less congested periods other than by means of a congestion charge, and (e) reduce trip length.
\n
Chapter 5
\n
Research and Information Research.
\n
72.— The Authority may— (a) promote and engage in research in relation to any of its functions, either alone or in co-operation with other persons, and (b) allocate moneys and make payments to persons in relation to such research.
\n
Information, data and statistics.
\n
73.— (1) The Authority shall— (a) collect, compile, analyse and prepare information, data or statistics, including that or those gathered by ticketing systems operated by public transport operators in the GDA, for the purpose of exercising its functions, and (b) on a regular basis, publish information, data or statistics on— (i) numbers of persons using differing modes of transport, (ii) satisfaction levels with public passenger transport services, (iii) travel times to work, and (iv) such other matters as the Authority considers appropriate in respect of its functions.
\n
(2)The Minister may give a direction to the Authority to collect, compile, prepare and publish such information, data or statistics that he or she may specify in writing to the Authority regarding the performance of the Authority in exercising its functions.
\n
(3)The Minister shall consult the Authority, and may consult any other person he or she considers appropriate, before giving a direction under subsection (2).
\n
(4)The Authority may require a person who holds information, data or statistics relating to the functions of the Authority, to give to the Authority such information, data or statistics in such form (including electronic form) and at such reasonable times or intervals, as the Authority specifies.
\n
(5)Save as otherwise provided by law, the Authority shall ensure commercially sensitive information obtained under this section is not disclosed.
\n
Chapter 6
\n
Relationships Between Authority and Other Bodies Relationship between Authority and NRA.
\n
74.— (1) The Authority may, for the purposes of securing priority for public transport on national roads in the GDA, give a direction to the NRA to— (a) acquire land by making a compulsory purchase order or otherwise, (b) prepare, or arrange for the preparation of, designs for specified transport infrastructure construction, maintenance or improvement works, (c) undertake specified transport infrastructure construction, maintenance or improvement works, (d) prepare or arrange for the preparation of a traffic management scheme, or (e) do anything which arises out of or is consequential on or is necessary or expedient on or adjacent to a road or proposed road development which comes within the remit of the NRA.
\n
(2)Where in the opinion of the Authority, the NRA is exercising its functions in a manner inconsistent with a transport strategy, integrated implementation plan, traffic management plan, or demand management measures, the Authority may give a direction to the NRA to exercise its functions in a manner which is consistent with the strategy, plan or measures.
\n
(3)Before giving a direction under this section, the Authority shall consult with and consider the views of the NRA.
\n
(4)(a) Subject to paragraph (b), where the NRA refuses or fails to comply with a direction under this section, the Authority may decide, notwithstanding any other enactment and in any case where it appears to it that the circumstances so warrant, to perform the function specified in the direction subject to such modifications (if any) as it considers appropriate. (b) The Minister may prescribe a class of case in which a decision by the Authority under paragraph (a) does not have effect unless and until it is approved by him or her.
\n
(5)The NRA shall consult with and consider the views of the Authority in exercising its functions under the Act of 1993 in the GDA.
\n
(6)Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only— (a) make a toll scheme under section 57, (b) adopt a toll scheme under section 58, (c) revoke a toll scheme under section 60, (d) make bye-laws in relation to the operation and management of a toll road under section 61, or (e) enter into an agreement under section 63, of that Act with the consent of the Authority.
\n
(7)A reference in section 65 and section 66A (inserted by section 277 of the Act of 2000) of the Act of 1993 to the Minister, where it relates to a toll scheme wholly or partly in the GDA, is to be read as a reference to the Authority.
\n
NRA and road authorities to ensure consistency with transport strategy in exercising their functions in GDA.
\n
75.— (1) The NRA, with regard to its activities within the GDA, and the road authorities shall ensure that they exercise their functions in a manner consistent with the transport strategy of the Authority.
\n
(2)Where in the opinion of the Authority, a road authority is exercising its functions in a manner inconsistent with a transport strategy, integrated implementation plan, traffic management plan, or demand management measures, the Authority may give a direction to the road authority to exercise its functions in a manner which is consistent with the strategy, plan or measures.
\n
(3)Before giving a direction under this section, the Authority shall consult with and consider the views of the road authority concerned.
\n
Relationship between Authority and DAA, port developers and State bodies.
\n
76.— (1) Notwithstanding the State Airports Act 2004 , the Dublin Airport Authority shall obtain and consider the written views of the Authority prior to undertaking the development of any airport facility or any other related development which, in its opinion, could impact in a significant manner on the movement of persons or goods in the GDA.
\n
(2)Prior to any person undertaking the development of any port facility or any other port related development, which, in the opinion of that person could impact in a significant manner on the movement of persons or goods in the GDA, that person shall obtain and consider the written views of the Authority.
\n
(3)The Authority and a consultative body shall, in carrying out their functions— (a) have regard to the policies, strategies and plans of each other, and (b) which may impact on the functions of the other or where in their opinion it is in the interests of transport users in general that they do so, consult with each other and consider the views of the other.
\n
(4)The Commission for Taxi Regulation and the Authority shall consult with each other with a view to identifying administrative efficiencies in relation to the implementation of their respective functions and shall implement such measures as they consider appropriate to achieve those efficiencies.
\n
(5)In this section “consultative body” means (either or both) the Commission for Taxi Regulation and the Road Safety Authority.
\n
PART 4
\n
Enforcement Prosecution of summary offences and penalties.
\n
77.— (1) Proceedings for an offence under this Act may be brought and prosecuted summarily by the Authority.
\n
(2)A person guilty of an offence under section 38
\n
(3), 39
\n
(1)or 78
\n
(9)is liable on summary conviction to a fine not exceeding €5,000.
\n
Authorised officers and powers to call for production of documents, information, etc.
\n
78.— (1) The Authority may appoint such and so many persons as it sees fit to be authorised officers for the purpose of obtaining such information or of carrying out such inspections or any other functions as the Authority may deem necessary for the exercise by the Authority of its functions under this Act.
\n
(2)A person appointed to be an authorised officer by the Authority shall, on his or her appointment, be furnished by the Authority with a certificate of his or her appointment which will indicate the matters in respect of which he or she may act under this section and the period during which the authorisation stands.
\n
(3)An authorised officer, when exercising a power conferred under this section shall, if requested by any person thereby affected, produce the certificate to that person for inspection together with an appropriate form of identification.
\n
(4)In this section and in section 79 “documents, records or other information” includes— (a) books, accounts, rolls, registers, papers and other documents, whether— (i) comprised in bound volume, loose-leaf binders or other loose-leaf filing system, loose-leaf ledger sheets, pages, folios or cards, or (ii) kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form, (b) every electronic or other automatic means, if any, by which any such thing in non-legible form is so capable of being reproduced, and (c) documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process.
\n
(5)Subject to this section, an authorised officer may, in respect of the functions of the Authority, serve on a public transport authority or public transport operator a notice in writing, requiring the public transport authority or public transport operator, as the case may be, within such period as may be specified in the notice, not being less than 21 days from the date of the service of the notice, to do either or both of the following, namely— (a) to deliver to, or to make available for inspection by, the authorised officer such documents, records or other information as are in the possession, power or procurement of the public transport authority or public transport operator and as contain, or may (in the authorised officer’s opinion formed on reasonable grounds) contain, information relevant to the functions of the Authority, (b) to give to the authorised officer, in writing or otherwise, such information, explanations and particulars as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to the functions of the Authority, and which are specified in the notice.
\n
(6)Where, in compliance with the requirements of a notice served on a public transport authority or public transport operator under subsection (5), a public transport authority or public transport operator makes available for inspection by an authorised officer, documents, records or other information, the public transport authority or public transport operator shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the documents, records or other information, in so far as they are in a non-legible form, are capable of being reproduced in a legible form, and any data equipment or any associated apparatus or material.
\n
(7)Where, under subsection (5), a public transport authority or public transport operator makes documents, records or other information available for inspection by the authorised officer, the authorised officer may make extracts from or copies of all or any part of the documents, records or other information.
\n
(8)Nothing in this section shall be taken to compel the production by any person of a document which he or she would be exempt from production in proceedings in a court on the ground of legal professional privilege.
\n
(9)A person who— (a) obstructs or impedes an authorised officer in carrying out his or her functions under this section, or (b) gives false or misleading information, explanations or particulars to an authorised officer when required under subsection (5), commits an offence.
\n
Application to High Court for order for information.
\n
79.— (1) Where a public transport authority or public transport operator fails to comply with the requirements of a notice in accordance with section 78 , an authorised officer may make an application to a judge of the High Court for an order requiring a public transport authority or public transport operator, to do either or both of the following, namely— (a) to deliver to the authorised officer, or to make available for inspection by the authorised officer, such documents, records or other information as are in the power, possession or procurement of the public transport authority or public transport operator and as contain, or may (in the authorised officer’s opinion formed on reasonable grounds) contain, information relevant to the functions of the Authority, (b) to give to the authorised officer such information, explanations and particulars as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to the functions of the Authority, and which are specified in the application.
\n
(2)Where the judge, to whom an application is made under subsection (1), is satisfied that there are reasonable grounds for the application being made, that judge may, subject to such conditions as he or she may consider proper and specify in the order, make an order requiring the public transport authority or public transport operator to whom the application relates— (a) to deliver to the authorised officer, or to make available for inspection by the authorised officer, such documents, records or other information, and (b) to give to the authorised officer such information, explanations and particulars, as may be specified in the order.
\n
Directions and enforcement.
\n
80.— (1) Notwithstanding any enactment, other rules of law, or, in the case of a company any provision contained in the memorandum and articles of association of that company, a person to whom a direction is given by the Authority shall take all such measures as are necessary to comply with such direction without delay.
\n
(2)The Minister may prescribe a class of case in which the Authority shall not give a direction unless it has submitted a draft of the direction to him or her for approval prior to being given.
\n
(3)Compliance by a person with a direction does not give rise to a breach of any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company. No action or other proceedings lie or are maintainable against a person as a result of such compliance.
\n
(4)
\n
Section 27
\n
of the Companies Act 1990 does not apply to the Authority in respect of directions.
\n
(5)Where a person fails or refuses to comply with a direction the Authority may apply to the High Court for an order requiring the person to comply with the direction.
\n
(6)Where the Authority gives a direction to a person, the direction shall be addressed to the person and shall be given to the person in one of the following ways— (a) by delivering it to the person, (b) by leaving it at the address at which the person carries on business, (c) by sending it by post in a pre-paid letter addressed to the person at the address at which the person carries on business, (d) if an address for the giving of a direction has been furnished by the person, by leaving it at, or sending it by pre-paid post addressed to the person to, that address, (e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person carries on business or, if an address for the giving of a direction has been furnished by the person, that address:
\n
Provided that— (i) the sender’s— (I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or (II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction, and (ii) the direction or reply is also given in one of the other ways mentioned in any of the preceding paragraphs.
\n
(7)For the purposes of subsection (6), a company registered under the Companies Acts is deemed to be ordinarily resident at its registered offices, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.
\n
(8)A copy of a direction, which has endorsed on it a certificate purporting to be signed by an officer of the Authority (authorised in that behalf by the Authority) stating that the copy is a true copy of the direction may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction.
\n
(9)In this section “direction” means a direction given by the Authority under
\n
Part 3
\n
.
\n
PART 5
\n
Land Use Provisions
\n
Chapter 1
\n
Amendments of Act of 2000 Amendment of section 2 of Act of 2000 — definitions.
\n
81.— Section 2(1) of the Act of 2000 is amended by inserting after the definition of— (a) “ development plan ” the following: “ ‘DTA’ means Dublin Transport Authority;”, (b) “Gaeltacht” the following: “ ‘ Greater Dublin Area’ (‘GDA’) has the meaning assigned to it by section 3 of the Dublin Transport Authority Act 2008;”, (c) “ register” the following: “ ‘regional authorities within the GDA’ means the Dublin Regional Authority and the Mid-East Regional Authority;”, and (d) “Transboundary Convention” the following: “ ‘transport strategy’ has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008;”.
\n
Amendment of section 9 of Act of 2000 (obligation to make development plans).
\n
82.— Section 9 of the Act of 2000 is amended by inserting after subsection (6) the following: “(6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA.”.
\n
Amendment of section 11 of Act of 2000 (preparation of draft development plan).
\n
83.— Section 11 of the Act of 2000 is amended by inserting after subsection (4)(b) the following: “(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31B and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.”.
\n
Amendment of section 12 of Act of 2000 (making of development plan).
\n
84.— Section 12 of the Act of 2000 is amended by inserting after subsection (4)(b) the following: “(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan.”.
\n
Amendment of section 13 of Act of 2000 (variation of development plan).
\n
85.— Section 13 of the Act of 2000 is amended by inserting after subsection (4)(b) the following: “(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31D and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed variation.”.
\n
Amendment of section 19 of Act of 2000 (application and content of local area plans).
\n
86.— Section 19 of the Act of 2000 is amended by inserting after subsection (2) the following: “(2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA.”.
\n
Amendment of section 20 of Act of 2000 (consultation and adoption of local area plans).
\n
87.— Section 20 (as amended by section 9 of the Act of 2002) of the Act of 2000 is amended by inserting after subsection (3)(c) the following: “(cc) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan.”.
\n
Amendment of section 21 of Act of 2000 (power to make regional planning guidelines).
\n
88.— Section 21 of the Act of 2000 is amended by substituting subsections (1) and (2) with the following: “(1) A regional authority— (a) may— (i) after consultation with the planning authorities within its region, or (ii) in the case of the regional authorities within the GDA, after consultation with the planning authorities within their regions and the DTA, or (b) shall, at the direction of the Minister, make regional planning guidelines.
\n
(2)Regional planning guidelines may be made for a whole region or for one or more parts of a region, but shall, in the case of the GDA, be made jointly by the regional authorities within the GDA.”.
\n
Amendment of section 23 of Act of 2000 (content and objectives of regional planning guidelines).
\n
89.— Section 23 of the Act of 2000 is amended by inserting after subsection (4)(b) the following: “(c) When making regional planning guidelines the regional authorities within the GDA shall ensure that the guidelines are consistent with the transport strategy of the DTA.”.
\n
Amendment of section 24 of Act of 2000 (consultation regarding regional planning guidelines).
\n
90.— Section 24 of the Act of 2000 is amended by inserting after subsection (5) the following: “(5A) When the regional authorities within the GDA prepare the draft of the regional planning guidelines they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular— (a) a statement explaining how the regional authorities propose to address the matters identified in the report of the DTA prepared in accordance with section 31F, and (b) where the regional authorities do not propose to address, or propose to only partially address, any matter identified in the report of the DTA prepared in accordance with section 31F, a statement of the reasons for that course of action.”.
\n
Amendment of section 25 of Act of 2000 (procedure for making regional planning guidelines).
\n
91.— Section 25 of the Act of 2000 is amended by inserting after subsection (3) the following: “(3A) When the regional authorities in the GDA make regional planning guidelines they shall include in the guidelines a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular— (a) a statement explaining how the regional authorities propose to address the matters identified in the report of the DTA prepared in accordance with section 31G, and (b) where the regional authorities do not propose to address, or propose only to partially address, any matter identified in the report of the DTA prepared in accordance with section 31G, a statement of the reasons for that course of action.”.
\n
Amendment of section 31 of Act of 2000 (ministerial directions regarding development plans).
\n
92.— Section 31 of the Act of 2000 is amended by— (a) inserting after subsection (1) the following: “(1A) (a) Where a submission received by the Minister prepared in accordance with section 31C(1) or section 31D(1) contains a statement of the type referred to, respectively, in section 31C(1)(b) or section 31D(1)(b) the Minister may, for stated reasons, direct a planning authority to take such specified measures, as he or she may require, to review or vary the draft development plan or proposed variation to ensure consistency between the draft development plan or proposed variation and the transport strategy of the DTA and the authority shall comply with any such direction. (b) Where the Minister decides not to issue a direction under this subsection, he or she shall inform the DTA in writing of the reasons for such decision. (c) Nothing in this subsection shall preclude the Minister from issuing a direction in circumstances other than those referred to in paragraph (a).”, and (b) substituting for subsection (4) the following: “(4) In exercising any power conferred on them by the Act, neither the manager nor the elected members of any planning authority shall exercise the power in conflict with any direction which the Minister may give under subsections (1), (1A) or (2).”.
\n
Insertion of new section 31A into Act of 2000 (ministerial directions regarding regional planning guidelines).
\n
93.— The Act of 2000 is amended by inserting after section 31 the following: “31A.— (1) Where the Minister considers that any draft regional planning guidelines fail to set out an overall strategy for the proper planning and sustainable development of the area of a regional authority or otherwise significantly fail to comply with this Act, the Minister may, within 4 weeks of receipt of a notice under section 24(4), for stated reasons, direct the authority, or authorities, to take such specified measures as he or she may require to ensure that the regional planning guidelines, when made, are in compliance with this Act and, notwithstanding the requirements of Chapter III, the authority shall comply with any such direction.
\n
(2)(a) Where a submission received by the Minister prepared in accordance with section 31G(1) contains a statement of the type referred to in section 31G(1)(b), the Minister may, for stated reasons, direct the authorities to take such specified measures, as he or she may require, to review the draft regional planning guidelines to ensure consistency between the draft regional planning guidelines and the transport strategy of the DTA and the authorities shall comply with any such direction. (b) Where the Minister decides not to issue a direction under this subsection, he or she shall inform the DTA in writing of the reasons for such decision. (c) Nothing in this subsection shall preclude the Minister from issuing a direction in circumstances other than those referred to in paragraph (a).
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(3)Where the Minister considers that any regional planning guidelines fail to set out an overall strategy for the proper planning and sustainable development of the area of the authority or otherwise significantly fail to comply with this Act, the Minister may, within 4 weeks of the making of guidelines under section 24(6), for stated reasons, direct the regional authority, or authorities, to take such specified measures, as he or she may require to review the regional planning guidelines to ensure compliance with this Act and the authority shall comply with any such direction.
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(4)Where the Minister directs a regional authority to take specified measures under subsection (3), he or she may specify any of those provisions of Chapter III which are to apply in respect of such specified measures and any other provisions of that Chapter shall be disregarded.
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(5)In exercising any power conferred on it by this Act, a regional authority shall not exercise the power in conflict with any direction which the Minister may give under subsections (1) to (3).
\n
(6)The Minister shall cause a copy of any direction issued under this section to be laid before each House of the Oireachtas.
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(7)A regional authority shall make available for inspection by members of the public any direction issued to it under this section.”.
\n
Amendment of Fourth Schedule to Act of 2000 (reasons for the refusal of permission which exclude compensation).
\n
94.— The Fourth Schedule (as amended by section 247 of the Local Government Act 2001 ) to the Act of 2000 is amended by inserting after paragraph 20A the following: “20B. The proposed development would not be consistent with the transport strategy of the DTA.”.
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Insertion of new Part (DTA and land use provisions) into Act of 2000.
\n
95.— The Act of 2000 is amended by inserting after Part II the following: “PART IIA DTA and Land Use Provisions.
\n
DTA role in preparation of draft development plan.
\n
31B.— (1) Where a notice is received by the DTA under section 11(2) it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in the review of its existing development plan and the preparation of a new development plan.
\n
(2)The report under subsection (1) shall address, but shall not be limited to— (a) the transport investment priorities for the period of the development plan, (b) the scope, if any, to maximise the performance of the transport system by effective land use planning, (c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and (d) recommendations on the matters to be addressed in the development plan to ensure the effective integration of transport and land use planning.
\n
DTA role in making of development plan.
\n
31C.— (1) Where a notice is received by the DTA under section 12(1) it shall, as part of any written submission on the draft development plan, state whether, in its view, the draft development plan is— (a) consistent with its transport strategy, or (b) not consistent with its transport strategy and in such case what amendments to the draft plan it considers necessary to achieve such consistency.
\n
(2)The DTA shall send copies of a submission prepared under this section to the Minister and the Minister for Transport.
\n
DTA role in variation of development plan.
\n
31D.— (1) Where a notice is received by the DTA under section 13(2) it shall, as part of any written submission on the proposed variation, state whether, in its view, the proposed variation is— (a) consistent with its transport strategy, or (b) not consistent with its transport strategy and in such case what amendments to the proposed variation it considers necessary to achieve such consistency.
\n
(2)The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.
\n
DTA role in the making, amending or revoking of local area plans by planning authorities.
\n
31E.— (1) Where a notice is received by the DTA under section 20(3)(a)(i), it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in making, amending or revoking a local area plan.
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(2)The report under subsection (1) shall address, but shall not be limited to— (a) the transport investment priorities for the period of the local area plan, (b) the scope, if any, to maximise the performance of the transport system by effective land use planning, (c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and (d) recommendations on the matters to be addressed in the local area plan to ensure the effective integration of transport and land use planning.
\n
Co-operation of DTA with regional authorities.
\n
31F.— (1) Where the regional authorities within the GDA intend to make regional planning guidelines in accordance with section 24, or to review existing guidelines under section 26, they shall, as soon as may be, consult with the DTA in order to make the necessary arrangements for making the guidelines.
\n
(2)The DTA shall assist and co-operate with the regional authorities in the GDA in making arrangements for the preparation of regional planning guidelines and in carrying out the preparation of the guidelines.
\n
(3)(a) In carrying out its function under subsection (2), the DTA shall prepare and submit to the regional authorities, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional authorities in making regional planning guidelines. (b) The report prepared under paragraph (a) shall address, but shall not be limited to— (i) the transport investment priorities for the period of the regional planning guidelines, (ii) the scope, if any, to maximise the performance of the transport system by effective land use planning, (iii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and (iv) recommendations on the matters to be addressed in the regional planning guidelines to ensure effective integration of transport and land use planning.
\n
DTA role in preparation of draft regional planning guidelines.
\n
31G.— (1) Where a notice is received by the DTA under section 24(4) it shall, as part of any written submission on the draft regional planning guidelines, state whether, in its view, the draft regional planning guidelines are— (a) consistent with its transport strategy, or (b) not consistent with its transport strategy and in such case what amendments to the draft guidelines it considers necessary to achieve such consistency.
\n
(2)The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.
\n
Request by DTA for Minister to issue guidelines or policy directives.
\n
31H.— The DTA may, in relation to its functions, request the Minister to issue guidelines under section 28 or a policy directive under section 29 to a planning authority within the GDA.
\n
Requirement for transport impact assessment for certain classes of development.
\n
31I.— (1) The Minister may, in respect of the GDA and following consultation with the DTA, make regulations specifying— (a) classes of development, including strategic infrastructure development, requiring the submission of a transport impact assessment in respect of applications for development, and (b) the format and content of a transport impact assessment.
\n
(2)Regulations under subsection (1) may require that a transport impact assessment demonstrate that the proposed development in respect of which the assessment has been prepared would be consistent with the transport strategy of the DTA.
\n
(3)Before granting permission for a development which requires a transport impact assessment under regulations made under subsection (1), a planning authority shall satisfy itself that the applicant has demonstrated that the proposed development would be consistent with the transport strategy of the DTA.
\n
(4)In this section ‘ transport impact assessment ’ means a report outlining what additional transport impacts a particular proposed development will generate and how it will integrate into existing transport patterns.
\n
Transport strategy and planning process.
\n
31J.— In any case in the GDA where— (a) a planning or local authority, a regional or State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or (b) a planning authority or An Bord Pleanála is carrying out any relevant function under any other Act, the transport strategy of the DTA shall be a consideration material to the proper planning and sustainable development of the area or areas in question.”.
\n
Chapter 2
\n
Amendments of Act of 1997 and Act of 2005 Amendment of section 3 of Act of 1997 — definitions.
\n
96.— Section 3(1) of the Act of 1997 is amended by inserting after the definition of— (a) “development plan” the following: “ ‘DTA’ means the Dublin Transport Authority;”, and (b) “statutory body” the following: “ ‘transport strategy’ has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008.”.
\n
Amendment of section 16 of Act of 1997 (council).
\n
97.— Section 16(6) of the Act of 1997 is amended, on the dissolution of the Dublin Transportation Office in accordance with section 102 , by substituting for paragraph (f) the following: “(f) the chief executive officer of the DTA or an employee of that Authority nominated by the chief executive officer shall be so appointed,”.
\n
Amendment of section 24 of Act of 1997 (master plan).
\n
98.— Section 24 of the Act of 1997 is amended by— (a) substituting subsection (2)(b)(ix) with the following: “(ix) include proposals, consistent with the transport strategy of the DTA, relating to transportation within the Dublin Docklands Area and to that Area and its environs, including proposals in relation to pedestrian ways,”, and (b) inserting after subsection (3)(b) the following: “(bb) consult with the DTA,”.
\n
Amendment of section 25 of Act of 1997 (planning schemes).
\n
99.— Section 25 of the Act of 1997 is amended by— (a) substituting subsection (2)(d) with the following: “(d) proposals, consistent with the transport strategy of the DTA, relating to transportation”, and (b) inserting after subsection (3)(c) the following: “(cc) consult with the DTA,”.
\n
Amendment of section 2 of Act of 2005 — definitions.
\n
100.— Section 2(1) of the Act of 2005 is amended by inserting after the definition of “superannuation benefits” the following: “ ‘transport strategy’ has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008.”.
\n
Amendment of section 12 of Act of 2005 (strategic plan).
\n
101.— Section 12 of the Act of 2005 is amended by— (a) substituting subsection (2)(c) with the following: “(c) proposals, consistent with the transport strategy of the Dublin Transport Authority, relating to transport requirements,”, and (b) in subsection (3)(b), on the dissolution of the DTO in accordance with section 102 , by substituting “the Dublin Transport Authority” for “the Dublin Transportation Office”.
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PART 6
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Dissolution of DTO and Transfer of Employees of DTO and RPA Dissolution of DTO.
\n
102.— (1) The Minister shall, at the request of the Authority, dissolve the DTO on such day (“dissolution day”) as the Minister may appoint by order.
\n
(2)On the dissolution day the Dublin Transportation Office (Establishment) Order 1995 ( S.I. No. 289 of 1995 ) is revoked.
\n
(3)In this Part “ dissolution day” means the day appointed by the Minister by order under subsection (1) for the dissolution of the DTO.
\n
Transfer of land and other property.
\n
103.— (1) On the dissolution day, all land which, immediately before that day, was vested in the DTO and all rights, powers and privileges relating to or connected with that land shall, without any conveyance, transfer or assignment, stand vested in the Authority for all the estate or interest for which it was vested in the DTO but subject to all trusts and equities affecting that land subsisting and capable of being performed.
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(2)On the dissolution day, all property other than land (including chose-in-action), which, immediately before that day, was the property of the DTO shall, without any transfer or assignment, stand transferred to the Authority.
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(3)Every chose-in-action transferred by subsection (2) may, on and after the dissolution day, be sued upon, recovered or enforced by the Authority in its own name and it shall not be necessary for the Authority to give notice to the person bound by any such chose-in-action of the transfer effected by this section.
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(4)All moneys, stocks, shares and securities transferred to the Authority by subsection (2) which, immediately before the dissolution day, are in the name of the DTO shall, upon the request of the Authority, be transferred into its name.
\n
Transfer of rights and liabilities.
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104.— All rights and liabilities held, enjoyed, or incurred by virtue of any contract or commitment (expressed or implied) entered into by the DTO shall, on the dissolution day, subject where necessary to transfer in the books of any bank, corporation or company, stand transferred to the Authority.
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Preservation of existing contracts.
\n
105.— (1) Every bond, guarantee or other security of a continuing character made or given by the DTO to another person or by any person to the DTO and in force immediately before the dissolution day and every contract or agreement in writing made between the DTO and any other person and not fully executed and completed before the dissolution day shall, notwithstanding the dissolution of the DTO, continue in force on and after the dissolution day but shall be construed and have effect as if the Authority was substituted therein for the DTO.
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(2)Every other document granted or made by the DTO which is in force immediately before the dissolution day shall continue in force on and after that day as if it had been granted or made by the Authority and shall be construed and have effect and be enforceable by or against the Authority.
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Continuance of legal proceedings.
\n
106.— In all legal proceedings to which the DTO was a party and pending immediately before the dissolution day, the name of the Authority shall be substituted in the proceedings for the DTO and the proceedings shall not abate by reason of such substitution.
\n
References in legislation to DTO.
\n
107.— References to the DTO contained, immediately before the dissolution day, in any statute or statutory instrument made under statute or in the memorandum or articles of association of any company shall, in so far as they relate to anything transferred by this Act be read on and after that day as references to the Authority.
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Final accounts.
\n
108.— (1) Final accounts in respect of the DTO shall be drawn up.
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(2)Notwithstanding section 102 the Dublin Transportation Office (Establishment) Order 1995 ( S.I. No. 289 of 1995 ) continues in force and has effect in relation to accounts drawn up under subsection (1).
\n
Admissibility in evidence of documents.
\n
109.— (1) All books and other documents directed or authorised by or under any enactment to be kept by the DTO and which, immediately before the dissolution day, would be receivable in evidence shall, notwithstanding the dissolution of the DTO, be admitted in evidence on or after the dissolution day as if this Part had not been enacted.
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(2)Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by the DTO would, if verified in a particular manner by a particular officer of that body, have been admissible immediately before the dissolution day as evidence of those contents, an extract from or certificate of the contents of that book or document shall, if verified in such particular manner by an officer of the Authority (whose official position it shall not be necessary to prove) authorised by the Authority in that behalf, be admitted, on or after the dissolution day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Part had not been enacted.
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(3)A copy of or extract from any document referred to in subsection (1) produced by the Authority and certified to be a true copy under the hand of an officer of that Authority (whose official position it shall not be necessary to prove) authorised by the Authority for that purpose shall in all legal proceedings be admissible in evidence as of equal validity with the original document and no process for compelling the production of any such document by the Authority shall issue from any court except with the leave of that court.
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Transfer of employees of DTO and RPA.
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110.— (1) (a) Each person who, immediately before the dissolution day, was an employee of the DTO is, on that day, transferred to and becomes an employee of the Authority. (b) The RPA may, with the consent of the Minister, designate for employment by the Authority any person employed by the RPA and whose principal duties relate to a function assigned or transferred to the Authority under this Act, or to be so assigned or transferred to the Authority. (c) The RPA shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade union or staff association concerned, of its intention to do so and considered any representations made by him or her or by them or by any of them, in relation to the matter within such time as may be specified in the notification. (d) The Authority shall accept into its employment a person designated under subsection (1)(b) for employment by it. (e) Acceptance into the employment of the Authority of a person designated under this section shall have effect on such day or days as may be specified by the Minister after consultation with the Authority.
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(2)Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Authority, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the dissolution day.
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(3)Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the dissolution day or such day or days as may be specified by the Minister under subsection (1)(e) are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Authority.
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(4)The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts: (a) the Redundancy Payments Acts 1967 to 2007, (b) the Protection of Employees (Part-Time Work) Act 2001 , (c) the Protection of Employees (Fixed-Term Work) Act 2003 , (d) the Organisation of Working Time Act 1997 , (e) the Terms of Employment (Information) Acts 1994 and 2001, (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005, (g) the Unfair Dismissals Acts 1977 to 2007, (h) the Maternity Protection Acts 1994 and 2004, (i) the Parental Leave Acts 1998 and 2006, (j) the Adoptive Leave Acts 1995 and 2005, and (k) the Carer’s Leave Act 2001.
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(5)In this section— ‘‘ previous service ’’ means service before the dissolution day with the DTO or, in the case of persons designated in accordance with subsection (1)(b) means service before such day or days as may be specified by the Minister under subsection (1)(e); ‘‘ recognised trade union or association of employees ’’ means a trade union or association of employees recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees; ‘‘ terms and conditions of employment ’’ includes terms and conditions in respect of tenure of office, remuneration and related matters.
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PART 7
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Matters Relating to CIÉ and RPA Parking facilities.
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111.— (1) Section 8(1) of the Act of 1958 is amended by inserting after paragraph (c) the following: “(cc) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including charges for failure to comply with bye-laws made under section 22(1)(ee) of the Act of 1950,”.
\n
(2)
\n
Section 128
\n
of the Railway Safety Act 2005 is amended by deleting paragraph (a).
\n
Bye-laws.
\n
112.— Section 22(1) of the Act of 1950 (as amended by section 128(b) of the Railway Safety Act 2005 ) is amended by substituting for paragraph (h) the following: “(h) generally for regulating, subject to any statutory provisions in that behalf— (i) the travelling upon or use of its vehicles or craft (including a requirement to travel with a valid ticket or pass and the issue of such), and (ii) the working of transport services provided by the Board,”.
\n
Articles of association of companies.
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113.— (1) Section 11 of the Act of 1986 is amended by substituting for subsection (2) the following: “(2) The articles of association of each company shall provide that— (a) the number of directors (including the chairman) shall be not more than 9, (b) the chairman and other directors shall be appointed and may be removed from office by the Minister, (c) the remuneration of the chairman and other directors shall be determined by the Board, with the consent of the Minister and the Minister for Finance, (d) no person shall be appointed or removed as auditor of the company without the approval of the Board, given with the consent of the Minister, and (e) the company shall, within a period specified by the Board, set up machinery for the purposes of negotiation concerned with the pay and conditions of its staff and to this end consult with and make every reasonable endeavour to reach agreement with the trade unions concerned. (2A) Where an appointment or removal is made under— (a) subsection (2)(b), section 182(1) of the Companies Act 1963 does not apply, or (b) subsection (2)(d), section 160 of that Act does not apply, to the appointment or removal.”.
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(2)CIÉ shall, as soon as may be, amend the articles of association of the 3 companies formed pursuant to section 6 of the Act of 1986 to give effect to the amendments effected by subsection (1).
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(3)The Minister shall appoint persons as directors of the 3 companies formed pursuant to section 6 of the Act of 1986 who, in his or her opinion, have wide experience in relation to transport, commercial, financial, land use planning or environmental matters, the organisation of workers or administration.
\n
Disposal of CIÉ property.
\n
114.— (1) Notwithstanding any enactment, other rules of law or, where appropriate, provision contained in the memorandum and articles of association, CIÉ or a company formed under the Act of 1986— (a) may be directed by, or (b) shall require the consent of, the Minister after consultation with the Minister for Finance, in respect of the sale, letting or otherwise disposal of any right or interest in land or any part of the land or property in its ownership in excess of an asset value specified in regulations.
\n
(2)Regulations made under subsection (1) may specify different asset values for different classes of assets or for different purposes.
\n
Amendment of Act of 2001.
\n
115.— (1) Section 9 of the Act of 2001 is amended by deleting subsection (4).
\n
(2)Section 11 of the Act of 2001 is amended in subsection (1)(a) by inserting “or, in the case of such railway infrastructure within its functional area, by the Dublin Transport Authority” after “Minister”.
\n
(3)Section 13(1) of the Act of 2001 is amended by inserting “(including fares)” after “make such charges”.
\n
(4)Section 20 of the Act of 2001 is amended by substituting for subsection (12) the following: “(12) A member of the Agency (other than the chief executive) shall not serve more than 10 years in total.”.
\n
(5)Section 28 of the Act of 2001 is repealed.
\n
(6)Section 38 of the Act of 2001 is amended by substituting for it the following: “38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000: (a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development; (b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order.
\n
(2)Part IV of the Act of 2000 does not apply and is deemed never to have applied to developments specified in subsection (1).”.
\n
(7)Section 44(2) of the Act of 2001 (inserted by section 49 of the Planning and Development (Strategic Infrastructure) Act 2006 and as amended by section 3 of the Local Government (Roads Functions) Act 2007 ) is amended by substituting for paragraph (b) the following: “(b) specify any rights in, under or over land, water or any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,”.
\n
PART 8
\n
Railway works, etc. on Saint Stephen’s Green 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.
\n
116.— Section 15 of the Saint Stephen’s Green (Dublin) Act 1877 does not apply— (a) to anything done for the purposes of surveys and inspections under section 36 of the Act of 2001, (b) to any railway works (within the meaning of section 2 of the Act of 2001) carried out on or under Saint Stephen’s Green pursuant to a railway order under section 43 (inserted by section 49 of the Planning and Development (Strategic Infrastructure) Act 2006 ) of the Act of 2001, or (c) to restrict the operation of a railway, light railway or metro (within the meaning of section 2 of the Act of 2001) on or under Saint Stephen’s Green.
\n
PART 9
\n
Transport Officers Transport officers.
\n
117.— (1) The Road Transport Act 1986 is amended— (a) in section 15, by substituting for subsection (1) the following: “(1) The Road Safety Authority may appoint any of its officers, or such officers of the Minister seconded to serve with the Authority, to be transport officers for the purposes of section 16.”, (b) in section 17, by substituting “The Road Safety Authority may bring” for “The Minister may bring”, and (c) in section 18(1)(b), by substituting “the Road Safety Authority” for “the Minister”.
\n
(2)Subsection (5) of section 4 of the Road Safety Authority Act 2006 is repealed.
\n
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