Commissioners of Public Works (Functions and Powers) Act, 1996

Functions of Commissioners.

2.—(1) It shall be, and be deemed always to have been, a function of the Commissioners—

(a) to acquire, maintain and dispose of land and interests or rights in or over land, and other property of any kind and interests in such other property, for use by the State, the Commissioners, another State authority or any other person specified by the Minister,

(b) to provide for a State authority or a person specified by the Minister such goods and services as may reasonably be required by the authority or person for the purposes of the functions of the authority or person,

(c) to make schemes or other arrangements for the provision of assistance, whether in the form of money, living accommodation, land or other property of any kind, to persons who suffer undue hardship or personal injury or loss of or damage to land or other property by reason of flooding,

(d) to carry out schemes or other arrangements made pursuant to paragraph (c) and schemes or other arrangements referred to in that paragraph made by any other person.

(2) Where the Commissioners propose to refuse a request by a person for the provision of assistance under subsection (1) (c) of this section or compensation under section 3 (1) (f) of this Act, the Commissioners shall notify the person in writing of the proposal and the reasons therefor and the notification shall state that the person may make representations to the Commissioners in relation to the proposal not later than 7 days after the receipt of the notification by the person.

(3) Where a person receives a notification under subsection (2), the person may, within 7 days of such receipt, make representations to the Commissioners in relation to the proposal to which it relates.

(4) Where the Commissioners receive representations under subsection (3) of this section, they shall thereupon cause them to be referred to the Minister and the Minister shall, within 21 days of such receipt, consider the proposal and the representations and determine whether assistance should be given or, as the case may be, compensation should be paid, to the person concerned, and the Commissioners shall give effect to the determination and notify the person in writing thereof.

(5) The functions specified in paragraphs (c) and (d) of subsection (1) of this section shall be performed subject to the direction of the Minister.

(6) Subsection (1) of this section shall not be construed as imposing on the State or the Commissioners or any other State authority a duty or obligation to make or carry out a scheme referred to in that subsection.