Transport (Railway Infrastructure) Act, 2001

Functions of Agency.

11.—(1) The Agency shall have the following functions:

(a) to secure the provision of, or to provide, such light railway and metro railway infrastructure as may be determined from time to time by the Minister;

(b) to monitor and publish regular reports on the safety of light railway and metro infrastructure;

(c) to enter into agreements with other persons in order to secure the provision of such railway infrastructure whether by means of a concession, joint venture, public private partnership or any other means; and

(d) to acquire and facilitate the development of land adjacent to any railway works subject to an application for a railway order under this Act where such acquisition and development contributes to the economic viability of the said railway works.

(2) The Minister may, with the consent of the Minister for Finance, by order confer on the Agency such additional functions in relation to public transport by rail or road as, from time to time, he or she considers appropriate.

(3) The Agency may exploit commercial opportunities arising from its functions.

(4) The exploitation of such commercial opportunities may be carried out by a railway undertaking on behalf of the Agency.

(5) The Agency may receive income (including any amount, right, interest, benefit or profit) arising from, or make payments (or otherwise provide consideration) in respect of functions referred to in subsections (1) and (3) or such additional functions assigned to it under subsection (2).

(6) Where the Agency enters into an agreement with a person and in connection with the agreement another person makes a financial loan to, or provides any other form of finance for, a party to the agreement, the Agency shall be deemed to have the power to enter into an arrangement with that other person.

(7) The Agency may only act as the operator of a railway where authorised by the Minister by order.

(8) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).