Policing, Security and Community Safety Act 2024
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Powers of Garda Commissioner relating to contracts, bank accounts, etc. | ||
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40. (1) Subject to this Act and such limitations, restrictions or conditions as may be contained in regulations (if any) under section 254 (1)(o), the Garda Commissioner may, for the purposes of performing his or her functions in relation to the administration and business of An Garda Síochána— | ||
(a) enter into a contract on behalf of An Garda Síochána with any person or body concerning any matter arising in relation to those functions, | ||
(b) with the prior consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, operate in the State, or elsewhere, bank accounts of any description, and | ||
(c) do any other thing necessary for enabling the Garda Commissioner to perform those functions. | ||
(2) Subject to the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, the power conferred by subsection (1)(a) includes the power to enter into a contract relating to land or an interest in land or any other property. | ||
(3) The Garda Commissioner may sue and be sued in the name of his or her office. | ||
(4) A contract entered into under this section by a person holding the office of Garda Commissioner is binding on and enforceable by that person and his or her successors in office, but neither that person nor any successor in office is personally liable on the contract. | ||
(5) Subsection (4) applies whether or not the contract was entered into pursuant to a power delegated under section 39 . | ||
(6) Notwithstanding subsection (1)(b), the Garda Commissioner does not have power to borrow money by means of a bank overdraft or otherwise. |