Roads Act 1993

Agreements and arrangements between road authorities.

14

14.β€” (1) ( a) Whenever it appears to the Authority that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of the functions of those authorities relating to national roads the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.

( b) Where any road authority concerned refuses or fails to comply with a request under paragraph (a), 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 enter into an agreement in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.

( c) An agreement entered into under this subsection shall not be revoked save with the consent of the Authority.

F11 [ ( 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. ]

(2) An agreement under section 59 of the Act of 1955 which provides for the exercise or performance of any function by one road authority for another road authority may contain terms as toβ€”

( a) the vesting of the function in the first-named authority to such extent and for such period as may be specified in the agreement, and

( b) the making of payments or the transfer of financial responsibility,

and may provide for an area of charge other than the area of charge specified in section 10 of the Act of 1946.

(3) ( a) Two or more road authorities may make arrangements for the joint discharge of any of their functions.

( b) Whenever it appears to the Authority that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to national roads the Authority may request the road authorities to enter into arrangements in accordance with such terms and conditions as the Authority may specify.

( c) Where any road authority concerned refuses or fails to comply with a request under paragraph (b), 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 enter into arrangements in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.

( d) An arrangement entered into under paragraph (b) or (c) shall not be revoked save with the consent of the Authority.

(4) An agreement under section 59 of the Act of 1955 or arrangements under subsection (3) may relate to all or part of the area of a road authority.

(5) ( a) Whenever it appears to the Minister that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct them to enter into an agreement.

( b) The Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

( c) An agreement entered into under this subsection shall not be revoked save with the consent of the Minister.

(6) ( a) Whenever it appears to the Minister that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct that they make such arrangements as he may specify.

( b) The Minister may direct that any such arrangements shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

( c) Any arrangements entered into under this subsection shall not be revoked save with the consent of the Minister.

(7) Any existing agreement in relation to public roads made by road authorities under section 59 of the Act of 1955 shall cease to have force or effect following the expiry of the period of one year from the commencement of this section unless within that period it is continued in force by the said road authorities with, in the case of a national road, the approval of the Authority.

(8) ( a) Where an agreement under section 59 of the Act of 1955 is made after the commencement of this section or where arrangements are made under this section and where such agreement or arrangements relate to national roads, such agreement or arrangements shall have no force or effect until approved (with or without modifications) by the Authority.

( b) Paragraph (a) shall not apply to an agreement or arrangements made following a direction by the Authority under subsection (1) or (3).

(9) The Authority may, in relation to national roads, enter into an agreement under section 59 of the Act of 1955 or into arrangements under subsection (3) as if it were a road authority and the provisions of subsection (8) (a) shall not apply to such agreement or arrangements.

(10) The Authority and every road authority shall carry out any agreement or arrangements to which this section relates and to which it is a party in accordance with the terms thereof.

(11) It shall be the duty of a road authority which is a party to an agreement under section 59 of the Act of 1955 relating to public roads (including an existing agreement continued in force under subsection (7)) or arrangements under this section to furnish to the Minister a copy of such agreement or arrangements.

Annotations:

Amendments:

F11

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

Modifications (not altering text):

C16

Words in section construed (1.01.2002) by Local Government Act 2001 (37/2001), s. 88(2), S.I. No. 588 of 2001.

Savers (Part 10).

88.β€” ...

(2) Without prejudice to section 20 of the Interpretation Act, 1937, references in section 10 of the Fire Services Act, 1981, section 14 of the Roads Act, 1993, section 2 of the Building Control Act, 1990, and section 5 of the Local Government Act, 1998, to section 59 of the Local Government Act, 1955, shall be read as references to section 85 of this Act.