Dublin Transport Authority Act, 1986
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SCHEDULE Dublin Transport Authority | ||
1. The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or rights over land. | ||
2. (1) (a) The Authority shall consist of not more than twelve members appointed by the Minister, including not more than four persons who for the time being are members of the local authorities (other than the council of an urban district or the commissioners of a town) in the Authority's functional area and are nominated by the respective local authority. | ||
(b) If a member of the Authority ceases to be a member of a local authority in the Authority's functional area he shall also then cease to be a member of the Authority. | ||
(2) The Authority may act notwithstanding a vacancy amongst its members. | ||
(3) Each member of the Authority shall be a person who in the opinion of the Minister has had wide experience of (and has shown capacity in) transport, industrial, commercial or financial matters, administration or the organisation of workers. | ||
3. (1) A member of the Authority shall hold office for a period not exceeding five years, and subject to such terms and conditions (including remuneration, if any, and allowances for expenses) as the Minister, with the consent of the Minister for the Public Service, determines, and may be removed from office by the Minister at any time. | ||
(2) A member of the Authority may at any time resign his office as member by letter sent to the Minister, and the resignation shall take effect not earlier than 3 months from the date on which the letter is received, or on such later date as is specified therein. | ||
(3) A member of the Authority whose term of office expires by effluxion of time shall be eligible for reappointment. | ||
4. (1) Where a member of the Authority is— | ||
(a) nominated as a member of Seanad Éireann, or | ||
(b) elected as a member of either House of the Oireachtas or of the Assembly of the European Communities, or | ||
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Assembly to fill a vacancy, or | ||
(d) elected to or co-opted onto a local authority all or part of whose functional area is within the functional area of the Authority, | ||
he shall thereupon cease to be a member of the Authority. | ||
(2) A person shall not be eligible to be a member of the Authority if he is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or he is for the time being a representative in the Assembly of the European Communities. | ||
5. A member of the Authority shall be disqualified from holding and shall cease to hold office as such member if he is adjudged bankrupt, or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment, or ceases to be ordinarily resident in the State. | ||
6. (1) (a) The Minister shall appoint a chairman of the Authority (in this Schedule referred to as “the chairman”) from among the members of the Authority, and may remove the chairman from office at any time. | ||
(b) If the chairman ceases during his term of office to be a member of the Authority he shall also then cease to be the chairman. | ||
(2) The chairman shall hold office as chairman on such terms and conditions (including remuneration, if any, and allowances for expenses) as the Minister, with the consent of the Minister for the Public Service, determines. | ||
(3) The chairman may at any time resign his office as chairman by letter addressed to the Minister, and the resignation shall take effect not earlier than 3 months from the date on which the letter is received, or on such later date as is specified therein. | ||
7. The Authority shall regulate, by standing orders or otherwise, its procedure or business. | ||
8. (1) As soon as may be after its establishment, the Authority shall provide itself with and retain in its possession a seal of the Authority. | ||
(2) The seal of the Authority shall be authenticated by the signature of the chairman or a member of the Authority authorised by the Authority to act in that behalf and by the signature of an officer of the Authority authorised by the Authority to act in that behalf. | ||
(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the Authority shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown. | ||
9. (1) The Authority shall submit to the Minister in each year, not later than such date as he may appoint, a report of its proceedings under this Act during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas. | ||
(2) The report made to the Minister pursuant to subparagraph (1) shall contain such information as the Minister may direct regarding the functions of the Authority under this Act. | ||
(3) The Authority shall supply the Minister with such information regarding the performance of its functions as he may from time to time require. | ||
10. (1) The Authority shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister with the consent of the Minister for Finance may from time to time direct. | ||
(2) Accounts kept in pursuance of this paragraph shall be submitted annually by the Authority to an auditor appointed by the Authority with the consent of the Minister and of the Minister for Finance for audit and immediately after such audit a copy of such of the accounts kept pursuant to subparagraph (1) as the Minister, with the consent of the Minister for Finance, may direct and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas. | ||
11. The Authority may perform any of its functions through or by any of its officers (including the chief executive) or servants duly authorised by the Authority in that behalf. | ||
12. (1) The Authority may from time to time appoint such and so many committees as it thinks proper. | ||
(2) The Authority may delegate to a committee appointed under this paragraph any of its functions which, in its opinion, can be better or more conveniently performed by a committee. | ||
(3) A committee appointed under this paragraph shall consist of such number of members as the Authority thinks proper and may, at the discretion of the Authority, consist exclusively of persons who are members of the Authority or partly of persons who are members of the Authority and partly of persons who are officers of the Authority, or partly of persons who are either members or officers of the Authority and partly of other persons. | ||
(4) A member of a committee appointed under this paragraph may be removed from office for stated reasons at any time by the Authority. | ||
(5) The Authority may at any time dissolve a committee appointed under this paragraph. | ||
(6) The Authority may regulate the procedure of committees appointed under this paragraph but, subject to any such regulation, committees established under this paragraph may regulate their own procedure. | ||
13. (1) The Authority may from time to time appoint one or more than one consultative groups to advise the Authority on policies to be adopted by the Authority in relation to any of its functions. | ||
(2) A consultative group appointed under this paragraph shall consist of such number of members as the Authority thinks proper and may at the discretion of the Authority consist partly of persons who are members of the Authority, partly of persons who are officers of the Authority, and partly of other persons, or partly of persons who are members of the Authority and partly of other persons, or partly of persons who are officers of the Authority and partly of other persons. | ||
(3) The Authority may at any time dissolve a consultative group appointed under this paragraph. | ||
14. The Authority may employ such consultants or advisers as it considers necessary for the proper discharge of its functions. | ||
15. The Authority may accept gifts of money, land or other property upon such trusts and conditions (if any) as may be specified by the donor, but shall not accept a gift if any such condition is inconsistent with the functions of the Authority. | ||
16. The Authority may charge fees of such amounts as may from time to time be determined by it for or in connection with services rendered by it. | ||
17. (1) As soon as may be after its establishment the Authority shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such of its officers (including the chief executive) and servants as the Authority shall think fit. | ||
(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons. | ||
(3) The Authority may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved of under this paragraph. | ||
(4) A scheme or amending scheme submitted to the Minister under this paragraph shall, if approved of by the Minister after consultation with the Minister for the Environment and with the consent of the Minister for the Public Service, be carried out by the Authority in accordance with its terms. | ||
(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister for determination by him, and such determination shall be subject to the agreement of the Minister for the Public Service. | ||
(6) No pension, gratuity, allowance or other payment shall be granted by the Authority to or in respect of any of its officers (including the chief executive) and servants except under and in accordance with a scheme under this paragraph, nor shall any agreement be entered into by the Authority without the approval of the Minister, given with the concurrence of the Minister for the Public Service, for the provision otherwise than by the Authority of a pension, gratuity, allowance or other payment on the resignation, retirement or death of any of its officers (including the chief executive) or servants. | ||
(7) The Minister shall cause every scheme submitted and approved of under this paragraph to be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
(8) A person employed by the Authority by virtue of section 15 (1) shall not be subject to less favourable conditions in relation to the grant by the Authority of pensions, gratuities and other allowances on retirement or death than the conditions in relation thereto to which he was subject immediately before he became employed by the Authority. | ||
(9) Where— | ||
(a) a person to whom subparagraph (8) applies ceases to be employed by the Authority at a time when there is not in force a scheme under this paragraph that applies in relation to him, and | ||
(b) the circumstances were such that, if that person had ceased in corresponding circumstances to be a person appointed by the Commissioner of the Garda Síochána in accordance with section 103 of the Act of 1961 he would have been eligible for the grant to or in respect of him a pension, gratuity or other allowance on retirement or death under the arrangements in relation to such matters that applied in relation to him immediately before he became employed by the Authority— | ||
he shall be eligible for and shall have granted to or in respect of him by the Authority the like pension, gratuity or other allowance and for that purpose his service with the Authority corresponding to his pensionable service immediately before he became employed by the Authority shall be deemed to be pensionable service. |