S.I. No. 289/1995 - The Dublin Transportation Office (Establishment) Order, 1995.

S.I. No. 289 of 1995.

THE DUBLIN TRANSPORTATION OFFICE (ESTABLISHMENT) ORDER, 1995.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971) hereby orders as follows:

1. (1) This Order may be cited as the Dublin Transportation Office (Establishment) Order, 1995.

(2) This Order shall come into effect on the 9th day of November, 1995.

2. In this Order:

"designated body" means—

(a) the Minister,

(b) the Minister for Transport, Energy and Communications,

(c) the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin,

(d) the councils of the administrative counties of Dún Laoghaire-Rathdown, Fingal, Kildare, Meath, South Dublin and Wicklow,

(e) Córas Iompair Éireann;

"DTI Strategy" means the integrated transportation strategy recommended in the Final Report of the Dublin Transportation Initiative;

"the Minister" means the Minister for the Environment;

"the Office" means the body established under article 3 of this Order.

3. (1) The Dublin Transportation Office is hereby established to provide, for and on behalf of the designated bodies, the services specified in this article.

(2) The Office shall:

(a) co-ordinate and monitor the implementation of the DTI Strategy and, from time to time, make recommendations to the Minister for an overall strategic implementation programme including recommendations as to priorities for expenditure on that programme;

(b) review existing or proposed activities of the designated bodies by reference to the DTI Strategy to ensure consistency between the programmes of the agencies responsible for implementing that strategy;

(c) review and update the DTI Strategy at least once in every five years; and

(d) undertake or promote the undertaking by the designated bodies of public consultation, public awareness and education campaigns in relation to the DTI Strategy.

(3) For the purposes of sub-article (2) of this article, the Office may provide:

(a) modelling, evaluation, consultation and other technical services in relation to land use and transportation planning;

(b) maintenance and updating of common land use and transportation modelling and evaluation systems and the audit of their use by any or all of the designated bodies;

(c) services required for the review and updating at regular intervals of the DTI Strategy;

(d) collection of statistical and other data, the conduct of surveys and the co-ordination of such activities by any or all of the designated bodies;

(e) advisory and technical support services related to land use and transportation planning as may be decided by the Steering Committee; and

(f) other ancillary services (including the administration of grant schemes) related to land use and transportation planning.

(4) The Office may provide advisory, technical support and secretarial services for any committees appointed under article 5 of this Order and for the Local Authority Committee and Consultative Panel appointed under article 12 of this Order.

4. The Office may do all such things, including the incurring of expenditure, as may be necessary for the effective carrying out of the services specified in article 3 of this Order.

5. (1) The business of the Office shall be conducted by a committee (known as the Steering Committee) appointed by the Minister and comprising the following members—

(a) a chairperson nominated by the Minister,

(b) an officer of the Minister,

(c) an officer of the Minister for Transport, Energy and Communications.

(d) an officer of Dublin Corporation,

(e) the county managers of the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin,

(f) one of the county managers of the counties of Kildare, Meath and Wicklow nominated by them,

(g) two persons nominated by Córas Iompair Éireann,

(h) an Assistant Commissioner of the Garda Síochána,

(i) a member of the Local Authority Committee nominated by that Committee,

(j) a member of the Consultative Panel nominated by that Panel, and

(k) the Director of the Office.

(2) Members of the Steering Committee shall hold office for such period (not exceeding five years) as the Minister may specify unless they sooner die, resign by letter addressed to the Minister or, where appropriate, cease to hold an office specified in sub-article (1).

(3) The Steering Committee may act notwithstanding a vacancy among its members.

(4) The quorum for a meeting of the Steering Committee shall be one third of its membership calculated to the nearest whole number.

(5) The Steering Committee may from time to time appoint such and so many committees as it thinks proper.

(6) A committee appointed under sub-article (5) shall consist of such number of members as the Steering Committee thinks proper and may, at the discretion of the Steering Committee, consist of members of the Steering Committee, employees of the Office or other persons with appropriate knowledge or experience.

(7) Subject to the provisions of this Order, the Steering Committee shall regulate, by standing orders or otherwise, its procedure or business.

6. (1) The Steering Committee may, with the consent of the Minister, appoint a person ("the Director") to be the chief executive officer, to carry on and manage and control generally, subject to the general supervision of the Steering Committee, the administration and business of the Office and to perform such other functions as the Steering Committee may determine from time to time.

(2) The Director shall hold office for such period and upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as the Minister may, with the consent of the Minister for Finance, determine from time to time.

7. (1) The Office may appoint such persons to be employees of the Office as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.

(2) An employee of the Office shall be paid, out of moneys at the disposal of the Office, such remuneration and allowances for expenses as the Office, with the consent of the Minister and the Minister for Finance, may determine.

(3) An employee of the Office shall hold his or her employment on such other terms (including terms specifying the duration of such employment) and conditions as the Office, with the consent of the Minister and the Minister for Finance, may determine.

8. The Office may from time to time engage such consultants, advisers or other persons as it considers necessary for the discharge of its functions.

9. (1) As soon as may be after its establishment, the Office shall provide itself with and retain in its possession a seal.

(2) The seal of the Office shall be authenticated by the signature of the chairperson or a member of the Steering Committee authorised by the Steering Committee to act in that behalf or by the signature of a person employed by the Office authorised by the Steering Committee to act in that behalf.

10. (1) The Office shall furnish to the Minister such information regarding the performance or proposals for the performance of its functions as the Minister may from time to time require.

(2) The Office shall, in accordance with any direction which may from time to time be given by the Minister, submit in each year a programme of activities for the following year and an estimate of the expenditure to be incurred on such activities.

11. (1) The Office 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 under sub-article (1) shall, on or before such date as the Minister shall direct, be submitted annually by the Office to the Comptroller and Auditor General for audit and immediately after such audit a copy of the accounts and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies of such accounts and report to be laid before each House of the Oireachtas.

12. (1) The Minister shall, as soon as may be following the coming into effect of this Order, appoint—

(a) a committee representative of elected members of the local authorities referred to in the definition of a designated body in article 2 (known as the Local Authority Committee), and

(b) a panel representative of business, transport and environmental interests (known as the Consultative Panel),

to provide advice and guidance to the Steering Committee on the business of the Office either at the initiative of the Local Authority Committee or Consultative Panel as appropriate or at the request of the Steering Committee.

(2) The Local Authority Committee and the Consultative Panel shall consist of such numbers of members, appointed for such period or periods, as the Minister shall direct.

(3) The Minister may, from time to time, make rules governing the procedures of the Local Authority Committee and the Consultative Panel.

13. The Office may charge fees of such amounts as may from time to time be determined by the Steering Committee for or in connection with services rendered by it.

14. For the purpose of enabling it to perform its functions, the Office may make arrangements with the Minister or any other person or body for the use of premises or equipment belonging to the Minister or that other person or body or for the use of the services of officers and servants of the Minister or that person or body.

15. The Minister may pay grants of such amounts as may be sanctioned by the Minister for Finance, out of monies to be provided by the Oireachtas, towards the expenses of the Office.

16. (1) Contributions towards the operating expenses of the Office shall be made by the local authorities referred to in the definition of a designated body in article 2 of this Order in such proportions as those authorities may agree upon, or failing such agreement, in such proportions as may be determined by the Minister after consultation with the Minister for Transport, Energy and Communications.

(2) In default of payment by a local authority referred to in sub-article (1) of the amount payable by it under this article, the amount involved may be deducted from any monies payable to that authority by any Minister for any purpose whatsoever and shall be paid to the Office by the Minister concerned.

GIVEN under the Official Seal of the Minister for the Environment, this 7th

day of November, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

The Minister for Finance hereby consents to the Dublin Transportation Office (Establishment) Order, 1995.

Dated this 7th day of November, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE

This Order establishes, under the Local Government Services (Corporate Bodies) Act, 1971 an Office to provide services relating to land use and transportation planning in the Dublin area. The Order provides that the business of the Office will be conducted by a Steering Committee appointed by the Minister and it also provides for a local authority committee and a consultative panel. The Order also provides for procedures, staffing arrangements and other related matters.