Roads Act 1993


Number 14 of 1993


ROADS ACT 1993

REVISED

Updated to 16 October 2018


This Revised Act is an administrative consolidation of the Roads Act 1993. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Public Health (Alcohol) Act 2018 (24/2018), enacted 17 October 2018, and all statutory instruments up to and including Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2018 (S.I. No. 435 of 2018), made 16 October 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 1993


ROADS ACT 1993

REVISED

Updated to 16 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Roads Acts 1993 to 2015 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Roads Act 2015 (14/2015), s. 1(2)). The Acts in the group are:

Roads Act 1993 (14/1993)

Roads (Amendment) Act 1998 (23/1998), other than s. 7

Planning and Development Act 2000 (30/2000), s. 215 and Part XX

Local Government Act 2001 (37/2001), ss. 81 and 245

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51

Roads Act 2007 (34/2007), other than ss. 12 and 13

Roads Act 2015 (14/2015)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Roads Act 2015 (14/2015)

Freedom of Information Act 2014 (30/2014)

Local Government Reform Act 2014 (1/2014)

Planning and Development (Amendment) Act 2010 (30/2010)

Road Traffic Act 2010 (25/2010)

Public Transport Regulation Act 2009 (37/2009)

Dublin Transport Authority Act 2008 (15/2008)

Roads Act 2007 (34/2007)

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

National Monuments (Amendment) Act 2004 (22/2004)

Local Government Act 2003 (8/2003)

Road Traffic Act 2002 (12/2002)

Transport (Railway Infrastructure) Act 2001 (55/2001)

Local Government Act 2001 (37/2001)

Planning and Development Act 2000 (30/2000)

Roads (Amendment) Act 1998 (23/1998)

Road Traffic Act 1994 (7/1994)

Housing Act 1966 (21/1966)

Road Traffic Act 1961 (24/1961)

National Monuments Act 1930 (2/1930)

All Acts up to and including Public Health (Alcohol) Act 2018 (24/2018), enacted 16 October 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2018 (S.I. No. 435 of 2018)

Roads Act 1993 (Classification of National Roads) (Amendment) Order 2018 (S.I. No. 434 of 2018)

National Roads Authority Superannuation Scheme 2017 (S.I. No. 412 of 2017)

Roads Act 1993 (Extinguishment of Public Right of Way) Order 2017 (S.I. No. 238 of 2017)

Roads Act 1993 (Classification of National Roads) (Smithstown-Shannon Airport) Order 2016 (S.I. No. 131 of 2016)

Roads Act 1993 (Classification of Regional Roads) Order 2012 (S.I. No. 54 of 2012)

Roads Act 1993 (Classification of National Roads) Order 2012 (S.I. No. 53 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 195 of 2011)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011)

European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010)

Roads (Schemes) (forms) Regulations 2008 (S.I. No. 49 of 2008)

Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007)

Roads Act 1993 (Classification of National Roads) Order 2006(S.I. No. 187 of 2006)

Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006)

Road Traffic Act 1994 (Control of Traffic - Exemption Permits) Regulations 2006(S.I. No. 639 of 2006)

Roads Act 1993 (Classification of National Roads) (Gormanston To Dundalk Route and Dundalk Western Bypass) Order 2004 (S.I. No. 18 of 2004)

Roads Act 1993 (Classification of Regional Roads) (Redcow To N52 Link Road) Order 2004 (S.I. No. 19 of 2004)

Roads Act 1993 (Classification of National Roads) (Fermoy, Rathcormac and Watergrasshill Bypass) Order 2004 (S.I. No. 249 of 2004)

Roads Act 1993 (Classification of National Roads) (Kilcock - Kinnegad Route) Order 2003 (S.I. No. 26 of 2003)

Roads Regulations 2000 (S.I. No. 453 of 2000)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 2000 (S.I. No. 450 of 2000)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998)

Dun Laoghaire Rathdown County Council Bye Laws to Control Skips on Public Roads Made under the Roads Act 1993 Section 72 (S.I. No. 573 of 1998)

Roads Act 1993 (Declaration of National Roads) Order 1996 (S.I. No. 347 of 1996)

Roads Act 1993 (Declaration of National Roads) Order 1995 (S.I. No. 49 of 1995)

Roads Act 1993 (Declaration of Regional Roads) Order 1994 (S.I. No. 400 of 1994)

Roads Act 1993 (Declaration of National Roads) Order 1994(S.I. No. 209 of 1994)

Roads Regulations 1994 (S.I. No. 119 of 1994)

Roads Act 1993 (Commencement) Order 1994 (S.I. No. 118 of 1994)

Roads Act 1993 (Commencement) (No. 2) Order 1994 (S.I. No. 339 of 1994)

Roads Act 1993 (Commencement) Order 1993 (S.I. No. 197 of 1993)

Roads Act 1993 (Commencement) (No. 2) Order 1993 (S.I. No. 406 of 1993)

National Roads Authority (Establishment) Order 1993 (S.I. No. 407 of 1993)

All statutory instruments up to and including Roads Act 1993 (Classification of Regional Roads) (Amendment) Order 2018 (S.I. No. 435 of 2018), made 16 October 2018, were considered in the preparation of this revision.


Number 14 of 1993


ROADS ACT 1993

REVISED

Updated to 16 October 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Commencement.

4.

Repeals.

5.

Savers.

6.

Minor and consequential amendments.

7.

Regulations.

8.

Revocation and amendment of orders and directions.

9.

References to road classifications in previous enactments.

PART II

Classification of Roads and Assignment of Functions

10.

Classification of national, regional and local roads.

11.

Declaration of public roads.

12.

Abandonment of public roads.

13.

Responsibility of road authorities for the maintenance and construction of public roads.

14.

Agreements and arrangements between road authorities.

15.

Power of Minister to issue directions and guidelines to road authorities.

15A.

Requirements as regards railways, canals, etc.

15B.

Power of Minister to specify national standards.

15C.

Power of Minister to request information from road authority.

PART III

The National Roads Authority

16.

Establishment of National Roads Authority.

17.

Functions generally of the Authority.

18.

Preparation of plans by the Authority.

19.

Specific functions of the Authority.

20.

Directions by the Authority to road authorities.

21.

Programmes for EC assistance.

22.

The Authority and the physical planning process.

23.

The Authority and traffic management.

24.

Grants to the Authority.

25.

Borrowing by the Authority.

26.

Guarantee by the Minister for Finance of borrowing by the Authority.

27.

Advances from the Central Fund.

28.

Chairman and members of the Authority.

29.

Chief Executive.

30.

Staff.

31.

Transfer of staff of public authorities.

32.

Provision of services.

33.

Indemnification of members of the Authority and other persons.

34.

Membership of either House of the Oireachtas or of the European Parliament by members or staff of the Authority.

35.

Membership of local authority.

36.

Superannuation.

37.

Disclosure of interests.

38.

Disclosure of confidential information.

39.

Prohibition of certain communications.

40.

Declaration of interests.

41.

Power of Minister to issue directions and guidelines to the Authority.

42.

Application of Third Schedule to the Authority.

PART IV

Motorways, Busways and Protected Roads

43.

Motorways.

44.

Busways.

45.

Protected roads.

46.

Prohibition and restriction of access to motorways, busways and protected roads.

47.

Scheme for a motorway, busway or protected road.

48.

Procedures to be followed by a road authority when submitting a scheme to the Minister.

49.

Approval of scheme by Minister.

50.

Environmental impact statement.

51.

Environmental impact assessment.

51A.

Consultations with An Bord Pleanála before making of application under section 51.

52.

Acquisition of land and implementation of scheme.

53.

Control of works by a State authority, statutory undertaker or local authority.

54.

Service areas.

54A.

Service areas (public roads).

54B.

Offence (service areas).

55.

Special and emergency access to a motorway, busway or protected road.

55A.

Judicial Review.

PART V

Toll Roads

56.

Definitions for Part V .

57.

Toll schemes.

58.

Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

59.

Power to charge tolls.

60.

Revocation of toll scheme.

61.

Toll bye-laws.

62.

Exemption from tolls.

63.

Agreements for financing, maintenance, construction and operation of toll roads.

64.

Offences under Part V .

64A.

Access to records.

65.

Toll regulations.

66.

Continuance of existing schemes, bye-laws and agreements.

66A.

Ministerial policy directives on road tolling.

66B.

Continuance of existing schemes, byelaws and agreements.

66C.

Transitional provisions regarding toll schemes.

PART VI

Miscellaneous

67.

Road users' duty of care.

68.

Cycleways.

69.

Temporary dwellings on national roads, etc.

70.

Dangerous structures, trees, etc.

71.

Unauthorised signs, caravans, vehicles, etc. on public roads.

72.

Skips.

73.

Extinguishment of public rights of way.

74.

Road races.

75.

Temporary closing of roads.

76.

Drainage, etc.

77.

Road traffic noise.

78.

Powers of inspection.

79.

Service of notices.

80.

Offence of obstruction.

81.

Prosecution and penalties.

82.

Grants to road authorities.

82A.

Administration of grants to road authorities.

83.

Application of moneys.

84.

Disposal of proceeds of sale.

85.

Expenses of Minister.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Minor and Consequential Amendments

THIRD SCHEDULE

The National Roads Authority


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

Companies Acts, 1963 to 1990

Cork Improvement Act, 1868

1868, c. xxxiii

County Management Acts, 1940 to 1991

Dublin Corporation Act, 1890

1890, c. ccxlvi

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

Electoral Act, 1923

1923, No. 12

European Assembly Elections Act, 1977

1977, No. 30

European Assembly Elections Act, 1984

1984, No. 6

European Communities Act, 1972

1972, No. 27

Forestry Act, 1946

1946, No. 13

Holidays (Employees) Acts, 1973 and 1991

Housing Act, 1966

1966, No. 21

Lands Clauses Acts

Local Government Act, 1925

1925, No. 5

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1953

1953, No. 12

Local Government Act, 1955

1955, No. 9

Local Government (No. 2) Act, 1960

1960, No. 40

Local Government Act, 1991

1991, No. 11

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Act, 1982

1982, No. 21

Local Government (Planning and Development) Act, 1990

1990, No. 11

Local Government (Planning and Development) Acts, 1963 to 1990

Local Government (Roads and Motorways) Act, 1974

1974, No. 6

Local Government (Toll Roads) Act, 1979

1979, No. 34

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Presidential Elections Act, 1937

1937, No. 32

Public Health (Ireland) Act, 1878

1878, c. 52

Redundancy Payments Acts, 1967 to 1991

Referendum Act, 1942

1942, No. 8

Road Traffic Act, 1961

1961, No. 24

Road Traffic Acts, 1961 to 1987

Statutory Instruments Act, 1947

1947, No. 44

Summary Jurisdiction (Ireland) Act, 1851

1851, c. 92

Towns Improvement (Ireland) Act, 1854

1854, c. 103

Unfair Dismissals Acts, 1977 and 1991

Waterford Corporation Act, 1896

1896, c. cxxv

Statutory Instruments Referred to

European Communities (Environmental Impact

Assessment) (Motorways) Regulations, 1988

S.I. No. 221 of 1988

European Communities (Environmental Impact

Assessment) Regulations, 1989

S.I. No. 349 of 1989

Local Government (Planning and Development)

Regulations, 1990

S.I. No. 25 of 1990

Public Bodies Order, 1946

S.R. & O. No. 273 of 1946


Number 14 of 1993


ROADS ACT 1993

REVISED

Updated to 16 October 2018


AN ACT TO PROVIDE FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC ROADS, TO ESTABLISH A NATIONAL ROADS AUTHORITY, TO PROVIDE FOR MOTORWAYS, BUSWAYS AND PROTECTED ROADS, TO PROVIDE FOR THE TOLLING OF PUBLIC ROADS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [26 th June, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions to be performed by municipal district members or the local authority prescribed (1.06.2014) by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A, as inserted by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to s. 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

22

The making of an order declaring a road to be a public road and consideration of objections or representations in relation to such declaration.

Section 11 of the Roads Act 1993, as applied by section 180 of the Act of 2000.

23

The making of an order abandoning a public road and the consideration of objections or representations in relation to a proposal to abandon a public road and the report and any recommendations of a person appointed to conduct an oral hearing.

Section 12 of the Roads Act 1993.

24

The making of an order extinguishing a public right of way and the consideration of objections or representations in relation to a proposal to extinguish a public right of way and the report and any recommendations of a person appointed to conduct an oral hearing.

Section 73 of the Roads Act 1993.

...

...

...

...

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

62

The making of representations by a road authority to the National Roads Authority and to the Minister for Transport regarding a proposed national road alignment.

Section 22 of the Roads Act 1993.

63

The making of a scheme for the establishment of a system of tolls in relation to a regional road or a local road, the making of representations to the National Roads Authority in relation to a toll scheme in relation to a national road and the making of an order revoking a toll scheme in relation to a regional road or a local road.

Sections 57 and 60 (as amended by sections 271 and 273 of the Act of 2000) of the Roads Act 1993.

64

The making of toll bye-laws in relation to a regional road or a local road.

Section 61 (as amended by section 274 of the Act of 2000) of the Roads Act 1993.

65

Entering into an agreement for financing, maintenance, construction and operation of toll roads in relation to a regional road or a local road.

Section 63 (as amended by section 275 of the Act of 2000) of the Roads Act 1993.

...

...

...

67

The making of bye-laws to regulate and control skips on public roads and the consideration of objections or representations in relation to the draft bye-laws.

Section 72 of the Roads Act 1993.

...

...

...

C2

Application of collectively cited Roads Acts 1993 to 2007 restricted by Planning and Development Act 2000 (30/2000), s. 177V(3); as inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011; and amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 12(b).

Appropriate assessment.

177V.—...

(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007 [and save as otherwise provided for in sections 177X, 177Y, 177AB and 177AC ], a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed development shall not adversely affect the integrity of a European site.

...

C3

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 5-9, in effect as per art. 1(2).

2.— (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3.— The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1

Part 2

...

1922 to 2011 Enactments

...

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 14 of 1993

Roads Act 1993

Sections 24, 41(3) and 82; Third Schedule, paragraphs 5(2) and 12(2)(e)

...

...

...

C4

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.— ...

(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

...

No. 14 of 1993

...

...

Roads Act 1993

...

...

Section 25

...

C5

Functions transferred and references to “Minister for Community, Equality and Gaeltacht Affairs” and “Department of Community, Equality and Gaeltacht Affairs” construed (1.05.2011) by Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 195 of 2011), arts. 2, 3(2) and sch., in effect as per art. 1(2).

2.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3.—(1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule in so far as they relate to—

( a) inland waterways,

( a) Waterways Ireland,

( a) supporting and promoting North/South co-operation in relation to inland waterways,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

SCHEDULE

...

PART 2

...

Section 15A(b) of the Roads Act 1993 (No. 14 of 1993)

...

C6

Functions transferred and references to “Department of the Environment, Heritage and Local Government” and “Minister for the Environment, Heritage and Local Government” construed (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—

( a) by or under any of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

SCHEDULE

Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Section 51(3)( b) of the Roads Act 1993 (No. 14 of 1993);

...

C7

References to “Commissioner” in collectively cited Roads Acts 1993 to 2007 construed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(1), S.I. No. 255 of 2011.

Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

...

C8

Requirement to consult in exercise of powers under Act provided (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 74(5), S.I. No. 458 of 2009.

Relationship between Authority and NRA.

74.— ...

(5) The NRA shall consult with and consider the views of the Authority in exercising its functions under the Act of 1993 in the GDA.

...

C9

Provision for summary, fixed charge offences under Act made by Road Traffic Act 1961 (24/1961), s. 103(1)(a); as substituted (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 11, S.I. No. 491 of 2002; and as substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 14(a), S.I. No. 384 of 2006.

Special provision applying where certain offences are alleged to have been committed.

[103.[(1) This section applies to—

(a) such summary offences under the Road Traffic Acts 1961 to 2006 and the Roads Act 1993 as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, Equality and Law Reform, to be fixed charge offences,

...

as may be declared by the Minister by regulations to be fixed charge offences,

... ]]

C10

Application of Act restricted by Planning and Development Act 2000 (30/2000), s. 217C(2), as inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 38, S.I. No. 684 of 2006.

Board’s powers to make decisions on transferred functions.

217C.— ...

(2) Notwithstanding any provision of the Roads Act 1993 concerning the approval of any scheme or proposed road development, the Board shall, in relation to any of the functions transferred under this Part respecting those matters, have the power to approve the scheme or development or any part thereof, with or without conditions or modifications, or to refuse to approve the scheme or development or any part thereof.

...

C11

Functions transferred and references to “Minister” construed (1.01.2006) by Railway Safety Act 2005 (31/2005), s. 12 and sch. 2 part 1, commenced as per s. 7 and S.I. No. 841 of 2005.

Transfer of functions.

12.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Commission.

(2) The functions vested in the Minister by or under—

(a) the provisions of the enactments mentioned in Part 1 of Schedule 2 , and

...

are, on the establishment day, transferred to the Commission.

(3) References to the Minister contained in any Act or instrument relating to any functions transferred by subsection (2) shall, on the establishment day, be construed as references to the Commission.

...

Schedule 2

Functions Transferred from Minister to Commission

Part 1

Session and Chapter or Number and Year

Short Title

Provisions transferred to Commission

(1)

(2)

(3)

...

...

...

No. 14 of 1993

Roads Act 1993

Section 15A( a)

C12

Functions transferred and references to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), ss. 214(1) and 215, S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister:

...

Roads Acts, 1993 and 1998;

...

Transfer of certain Ministerial functions under Roads Acts, 1993 and 1998, to Board.

215.—(1) The functions of the Minister in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Roads Act, 1993, are hereby transferred to and vested in the Board and relevant references in that Act to the Minister shall be construed as references to the Board and any connected references shall be construed accordingly, except that any powers under those sections to make regulations or to prescribe any matter shall remain with the Minister.

(2) The references to the Minister in section 19(7) and paragraphs (a), (c), (e) and (f) of section 20 (1) of the Roads Act, 1993, shall be deemed to be references to the Board.

Editorial Notes:

E1

Certain procedures for such summary offences under collectively cited Roads Acts 1993 to 2007 as may be declared by the Minister for Transport to be fixed charge offences prescribed (1.06.2017 and s. 48 on 25.07.2012) by Road Traffic Act 2010 (25/2010), Part 3 (ss. 34 to 49), S.I. No. 241 of 2017 and s. 48, S.I. No. 293 of 2012.

E2

Collectively cited Roads Acts 1993 to 2007 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).