Roads Act 1993

Specific functions of the Authority.

19

19. F16 [ (1) The Authority may, in relation to national roads or proposed national roads, do all or any of the following:

( a ) prepare, or arrange for the preparation of

(i) designs for construction or improvement works,

(ii) programmes of maintenance works, or

(iii) schemes for the provision of traffic signs;

( b ) secure the carrying out of construction or maintenance works, or the provision of traffic signs;

( c ) secure the provision of facilities for the parking of vehicles;

( d ) allocate moneys and make payments in relation to construction or maintenance works, or in relation to any other function assigned to it by or under this Act;

F17 [ ( e ) subject to section 15B(3) , specify standards in relation to design, construction or maintenance works to be complied with by a person, road authority or public authority carrying out such works; ]

( f ) carry out, arrange to have carried out or assist the carrying out of, training, research or testing activities in relation to any of its functions;

( g ) provide any amenity, structure or thing (including, without limitation, service areas, rest areas or lay-bys) for the safety and convenience of road users;

( h ) undertake landscaping, planting or any similar activities in the interests of amenity and the environment; or

( i ) provide artistic features. ]

(2) The Authority shall, as far as possible, arrange that the functions referred to in F18 [ paragraphs (a) to (c) ] of subsection (1) shall be performed on its behalf by the relevant road authority but, in any case where the Authority considers that it would be more convenient, more expeditious, more effective or more economical that the function concerned should be performed by it, it may decide accordingly.

(3) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.

(4) No action or other proceedings shall lie or be maintainable against—

( a) the Authority,

( b) a committee performing functions delegated to it by the Authority,

( c) a road authority performing functions on behalf of the Authority,

( d) a body providing services to the Authority,

for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure of the Authority to perform or to comply with any of the functions conferred on it.

(5) ( a) The Authority shall not be liable for damage caused as a result of any failure to maintain a national road.

( b) In paragraph (a)damage” includes loss of property, loss of life and personal injury.

F16 [ (6) Development consisting of the carrying out of any works by or at the direction of, or on behalf of, the Authority under this Act in relation to the construction or maintenance of a national or other public road or anything related or incidental to such is exempted development for the purposes of the Act of 2000. ]

(7) Where a decision is made by the Authority under subsection (2) or under section 20 (5) (a) to perform a particular function otherwise than through a road authority, the following provisions shall have effect—

( a) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function;

( b) for the purpose of paragraph (a), land may be acquired by agreement or by means of a compulsory purchase order made by the Authority and submitted to and confirmed by the Minister in accordance with the provisions contained in section 76 of, and the Third Schedule to, the Housing Act, 1966 or by means of a scheme made by the Authority and approved by the Minister under Part IV of this Act;

( c) the provisions of any enactment concerned shall apply in relation to the performance of the function subject to such modifications as may be necessary.

(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

(9) Before acquiring land by agreement under subsection (7), the Authority shall obtain an independent valuation of the land.

(10) The Minister may by order make such provision as appears to him to be necessary to enable subsection (7) to have full effect, including provision for the application, modification or adaptation of any enactment.

F19 [ (11) The Landlord and Tenant Acts 1967 to 2005 do not apply to any lettings effected by the Authority or any road authority, in each case, in performing the functions conferred on it by this Act. ]

Annotations:

Amendments:

F16

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 7(a) and (b), commenced on enactment.

F17

Substituted (6.05.2015) by Roads Act 2015 (14/2015), s. 21, commenced on enactment.

F18

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

F19

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 7(c), commenced on enactment.

Modifications (not altering text):

C19

Term “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 215(2), S.I. No. 449 of 2000, subject to s. 218(4).

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

215.— ...

(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.

...

Oral hearings in relation to compulsory acquisition of land.

218.— ...

(4) Sections 135, 143 and 146 shall apply and have effect in relation to the functions transferred to the Board under section 214 and 215 and those sections shall be construed accordingly.