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Capital plan
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68. (1) The Minister may, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform, request the Garda Commissioner to submit to him or her for approval a plan for capital expenditure for An Garda Síochána.
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(2) A capital plan shall—
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(a) be prepared in such form and contain such information, and
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(b) relate to such period,
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as may be specified by the Minister.
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(3) In preparing a capital plan, the Garda Commissioner shall have regard to—
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(a) the resources reasonably expected to be available to An Garda Síochána for the period to which the plan relates, and
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(b) any priorities of relevance to such a plan that may be determined by the Minister for the period to which the plan relates.
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(4) The Garda Commissioner shall not submit a capital plan to the Minister unless it has been adopted by the Board.
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(5) A capital plan shall be submitted to the Minister within the specified period.
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(6) If the Garda Commissioner fails to submit a capital plan to the Minister within the specified period, the Minister may, in writing, issue a direction to the Garda Commissioner to prepare and submit a capital plan to him or her not later than—
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(a) 10 days after the date on which the Minister issues the direction to the Garda Commissioner, or
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(b) such earlier date as may be specified in the direction.
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(7) The Garda Commissioner shall comply with a direction issued to him or her under this section.
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(8) A capital plan submitted to the Minister by the Garda Commissioner pursuant to a direction under subsection (6) shall be deemed to have been adopted by the Board.
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(9) The Minister shall, not later than 21 days after receiving a capital plan under subsection (1) or pursuant to a direction under subsection (6)—
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(a) approve the plan,
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(b) approve the plan with such amendments as the Minister, having consulted with the Garda Commissioner, may determine, or
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(c) issue a direction to the Garda Commissioner under subsection (10) to amend the plan.
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(10) The Minister may direct the Garda Commissioner to amend a capital plan submitted to him or her under this section where, in the opinion of the Minister, the plan—
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(a) is not in compliance with subsection (2), or
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(b) has been prepared by the Garda Commissioner without sufficient regard to the matters referred to in subsection (3).
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(11) The Minister may at any time direct the Garda Commissioner to amend a capital plan.
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(12) The Garda Commissioner may, with the approval of the Board and subject to the prior consent of the Minister, amend a capital plan.
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(13) In this section, “specified period” means—
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(a) 21 days after the Garda Commissioner receives a request from the Minister under subsection (1), or
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(b) such longer period as the Minister may specify.
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