Roads Act 2007

SCHEDULE

Amendment of Roads Act 1993

Section 11 .

Provision of Roads Act 1993

Amended

Nature of Amendment

(1)

(2)

Section 2(1)

The deletion of the definitions of “the Act of 1963”, “the Act of 1976”, and “the Act of 1982”.

The substitution for “the Act of 1990” of the following:

“ ‘Act of 2000’ means Planning and Development Act 2000;”.

The deletion of “by a road authority” in the definitions of “busway scheme”, “motorway scheme” and “protected road scheme”, respectively.

The substitution for the definition of “development plan” of the following:

“ ‘development plan’ has the meaning assigned to it by section 9(1) of the Act of 2000;”.

The substitution for the definitions of “land” and “local authority” of the following:

“ ‘land’ has the meaning assigned it by the Act of 2000;

‘local authority’ except in section 73, means—

(a) a county council, referred to in Part 1 of Schedule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or

(d) a town council referred to in Chapter 2 of Part 1 of Schedule 6,

to the Local Government Act 2001 ;”.

The substitution for the definition of “the Minister” of the following:

“ ‘Minister’ means Minister for Transport;”.

The substitution for the definition of “planning authority” and “planning permission” of the following:

“ ‘planning authority’ has the meaning assigned to it by the Act of 2000;

‘planning permission’ means permission under Part III of the Act of 2000;”.

The substitution for the definition of “reserved function” of the following:

“ ‘reserved function’ is to be read in accordance with section 131 of the Local Government Act 2001 ;”.

The substitution for the definition of “road authority” of the following:

“ ‘road authority’ except in Part V, means a local authority”.

The insertion after the definition of “roadway” of the following:

“ ‘service area’ means an area beside or in the proximity of a public road where services and facilities for users of the road are provided under a motorway or service area scheme; ‘service area scheme’ means a scheme in respect of a service area made under section 47;”.

The substitution for the definition of “special amenity area order” of the following:

“ ‘special amenity area order’ means an order confirmed under section 203 of the Act of 2000;”.

The substitution for the definition of “structure” of the following:

“ ‘structure’ has the meaning assigned to it by the Act of 2000;”.

Section 10(1)

The insertion after paragraph (d) of the following:

“(e) Where a new section or a replacement section of a national or regional road is proposed or has been provided, the new or replacement section is, unless provided by order of the Minister under this subsection, a national or regional road, as the case may be. Any section of the existing road which remains following the construction of the new or replacement section becomes a local road.”.

Section 14(1)

The insertion after paragraph (c) of the following:

“(d) The Authority may request the road authorities which have entered into an agreement under this subsection to amend it in accordance with such terms and conditions as the Authority may specify or revoke the agreement.

(e) Where any road authority concerned refuses or fails to comply with a request under paragraph (d), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to amend the agreement in accordance with such terms and conditions as it may specify, or to revoke it. The road authorities shall comply with any such direction given by the Authority.”.

Section 18

The deletion of that section.

Section 19

The substitution in subsection (2) of “paragraphs (a) to (c)” for “paragraphs (a) to (e)”.

Section 35(1)

The deletion of paragraph (a).

Section 37

The substitution for subsections (6) and (7) of the following:

“(6) Where the Minister is satisfied that a member of the Authority has failed to comply with a requirement of subsection (1) he or she may, if he or she thinks fit, remove that member from office or take such other action as he or she considers appropriate, and where a person is removed from office under this subsection he or she is disqualified from being a member of the Authority.

(7) Where a person (other than a member of the Authority) to whom subsection (1) applies fails to comply with that subsection, then the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.”.

Section 44

The deletion in subsection (3) of “, after consultation with the Minister for Transport, Energy and Communications,”.

Section 46

The substitution in subsection (1) of “section 34(8) of the Act of 2000” for “section 26(4) of the Act of 1963”.

The substitution in subsection (3) of “section 190 of the Act of 2000” for “section 11 of the Act of 1990”.

Section 47

The insertion in subsection (4)(c) of “the register kept by it under section 7 of the Act of 2000” for “the register kept under the Act of 1963”.

Section 49

The substitution in subsection (5) of “section 40 of the Act of 2000” for “the Act of 1982”.

Section 52

The substitution in subsection (6) of “section 44 of the Act of 2000, and for the purposes of section 195 of that Act” for “section 30 of the Act of 1963, and for the purposes of section 17 of the Act of 1990”.

Section 55

The deletion of subsections (3) and (4).

Section 61(3)

The substitution in paragraph (c) of “subject to section 64(3), specify” for “specify”.

Section 63

The insertion in subsection (1)(e) after “system of tolls” of “and their collection”.

The insertion after subsection (1) of the following:

“(1A) A road authority may enter into different agreements with different persons in respect of anything referred to in subsection (1).”.

Section 70

The substitution for subsection (13) of the following:

“(13) In this section ‘structure’ means a structure (whether fixed or moveable) and includes any apparatus, object or thing which is attached or fixed to or connected with the structure.”.

Section 79(5)

The substitution of “Companies Acts” for “Companies Acts, 1963 to 1990”.

Section 81

The substitution for subsection (1) of the following:

“(1) (a) A person guilty of an offence under section 46(6) is liable—

(i) on summary conviction to a fine not exceeding €5,000, or

(ii) on conviction on indictment, to a fine not exceeding €250,000.

(b) A person guilty of an offence under this Act (other than section 64 or the provisions mentioned in paragraphs (a) and (c)) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.

(c) A person guilty of an offence under section 43(5), 44(5), 45(3), 64A(4), 68(2) or 79(4) is liable on summary conviction to a fine not exceeding €2,000.”.

The insertion after subsection (4) of the following:

“(5) Any costs of a road authority, a local authority or the Minister under this Act incurred in or in connection with the prosecution of a person for an offence under this Act for which the person is convicted may be recovered by the road authority, local authority (within the meaning of section 73) or the Minister, as the case may be, as a debt due and payable to the road authority, local authority or the Minister, as the case may be, by the convicted person.”.

The substitution in subsection (3) of “the road authority concerned” for “a road authority” in each place it occurs.

The substitution in subsection (3)(c) of “the local authority concerned” for “a local authority”.