National Tourism Development Authority Act 2003


Number 10 of 2003


NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 26 September 2017


This Revised Act is an administrative consolidation of the National Tourism Development Authority Act 2003. 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 Mediation Act 2017 (27/2017), enacted 2 October 2017, and all statutory instruments up to and including National Tourism Development Authority Superannuation Scheme 2017 (S.I. No. 437 of 2017), made 26 September 2017, 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 10 of 2003


NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 26 September 2017


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

Tourist Traffic Acts 1939 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( National Tourism Development Authority (Amendment) Act 2016 (14/2016), s. 2(2)). The Acts in the group are:

Tourist Traffic Act 1939 (24/1939)

Tourist Traffic Act 1952 (15/1952)

Tourist Traffic Act 1955 (5/1955)

Tourist Traffic Act 1957 (27/1957)

Tourist Traffic Act 1966 (3/1966)

Tourist Traffic Act 1970 (16/1970)

Tourist Traffic Act 1983 (31/1983)

Tourist Traffic Act 1995 (13/1995)

National Tourism Development Authority Act 2003 (10/2003)

National Tourism Development Authority (Amendment) Act 2011 (33/2011)

National Tourism Development Authority (Amendment) Act 2016 (14/2016)

Acts previously included in the group but now repealed are:

Tourist Traffic (Amendment) Act 1946 (14/1946)

Tourist Traffic Act 1959 (27/1959)

Tourist Traffic Act 1961 (37/1961)

Tourist Traffic Act 1963 (22/1963)

Tourist Traffic Act 1968 (29/1968)

Tourist Traffic Act 1972 (28/1972)

Tourist Traffic Act 1975 (26/1975)

Tourist Traffic Act 1979 (22/1979)

Tourist Traffic Act 1987 (11/1987)

Tourist Traffic Act 1998 (45/1998)

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 1993, may be found in the Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected this revision

National Tourism Development Authority (Amendment) Act 2016 (14/2016)

Freedom of Information Act 2014 (30/2014)

National Tourism Development Authority (Amendment) Act 2011 (33/2011)

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

National Tourism Development Authority Superannuation Scheme 2017 (S.I. No. 437 of 2017)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

National Tourism Development Authority Act 2003 (Section 5) Order 2003 (S.I. No. 205 of 2003)

National Tourism Development Authority Act 2003 (Establishment Day) Order 2003 (S.I. No. 204 of 2003)

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

All statutory instruments up to and including National Tourism Development Authority Superannuation Scheme 2017 (S.I. No. 437 of 2017), made 26 September 2017, were considered in the preparation of this revision.


Number 10 of 2003


NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 26 September 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and collective construction.

2.

Interpretation.

3.

Orders.

4.

Expenses.

5.

Repeals.

PART 2

National Tourism Development Authority

6.

Establishment day.

7.

National Tourism Development Authority.

8.

Functions of Authority.

9.

Conferral of additional functions on Authority.

10.

Power to establish, or acquire, hold or dispose of shares in, companies.

11.

Delegation of functions.

12.

Agreements for performance of functions of Authority by persons other than Authority.

13.

Directions of Minister.

14.

Membership of Authority.

15.

Conditions of office of members of Authority.

16.

Casual vacancies among members of Authority.

17.

Remuneration of members of Authority.

18.

Meetings and procedure.

19.

Membership of either House of Oireachtas or European Parliament.

20.

Disclosure by members of Authority of certain interests.

21.

Disclosure by members of staff of certain interests.

22.

Prohibition of unauthorised disclosure of confidential information.

23.

Committees of Authority.

24.

Grants to Authority.

25.

Grants by Authority.

26.

Schemes relating to European Community funds.

27.

Accounts and audits.

28.

Annual report and information.

29.

Freedom of information.

30.

Gifts.

31.

Chief Executive.

32.

Accountability of chief executive to Committee of Public Accounts.

33.

Accountability of chief executive to other Oireachtas Committees.

34.

Staff.

35.

Transfer of staff to Authority.

36.

Superannuation.

PART 3

Dissolution of Bord FÁilte Éireann and C.E.R.T. Limited

37.

Dissolution of Bord Fáilte Éireann and C.E.R.T. Limited.

38.

Transfer of functions to Authority.

39.

Transfer of land and other property.

40.

Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by a dissolved body.

41.

Liability for loss occurring before establishment day.

42.

Provisions consequent upon transfer of functions, assets and liabilities to Authority.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Functions Performable By Contractor


Acts Referred to

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies Acts 1963 to 2001

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Local Government Act 1991

1991, No. 11

Local Government Act 2001

2001, No. 37

Minimum Notice and Terms of Employment Acts 1973 to 2001

Organisation of Working Time Act 1997

1997, No. 20

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Redundancy Payments Acts 1967 to 2001

Tourist Traffic Act 1939

1939, No. 24

Tourist Traffic Act 1952

1952, No. 15

Tourist Traffic Act 1955

1955, No. 5

Tourist Traffic Act 1957

1957, No. 27

Tourist Traffic Act 1959

1959, No. 27

Tourist Traffic Act 1961

1961, No. 37

Tourist Traffic Act 1963

1963, No. 22

Tourist Traffic Act 1966

1966, No. 3

Tourist Traffic Act 1968

1968, No. 29

Tourist Traffic Act 1970

1970, No. 16

Tourist Traffic Act 1972

1972, No. 28

Tourist Traffic Act 1975

1975, No. 26

Tourist Traffic Act 1979

1979, No. 22

Tourist Traffic Act 1983

1983, No. 31

Tourist Traffic Act 1987

1987, No. 11

Tourist Traffic Act 1995

1995, No. 13

Tourist Traffic Act 1998

1998, No. 45

Tourist Traffic Acts 1939 to 1998

Unfair Dismissals Acts 1977 to 2001


Number 10 of 2003


NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 26 September 2017


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN TÚDARÁS NÁISIÚNTA FORBARTHA TURASÓIREACHTA OR IN THE ENGLISH LANGUAGE THE NATIONAL TOURISM DEVELOPMENT AUTHORITY; TO PROVIDE FOR THE DISSOLUTION OF BORD FÁILTE ÉIREANN AND C.E.R.T. LIMITED; TO PROVIDE FOR THE PROMOTION OF TOURISM AND THE DEVELOPMENT OF TOURISM FACILITIES AND SERVICES; TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS FROM BORD FÁILTE ÉIREANN AND C.E.R.T. LIMITED TO THE NATIONAL TOURISM DEVELOPMENT AUTHORITY; TO PROVIDE FOR THE REPEAL OF CERTAIN PROVISIONS OF THE TOURIST TRAFFIC ACTS 1939 TO 1998; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [13 th April, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Tourism, Culture and Sport” and “Minister for Tourism, Culture and Sport” construed (1.04.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011), arts. 2, 3, 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 Transport.

(2) References to the Department of Tourism, Culture and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Transport.

3. (1) The functions vested in the Minister for Tourism, Culture and Sport by or under—

( a) the Tourist Traffic Acts 1939 to 2003,

...

are transferred to the Minister for Transport.

(2) References to the Minister for Tourism, Culture and Sport contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Transport.