National Tourism Development Authority Act 2003

Delegation of functions.

11

11.—(1) The Authority may, with the consent of the Minister, delegate such one or more of its functions, as it considers appropriate to—

( a) a subsidiary of the Authority,

( b) a company established and registered under the Companies Acts 1963 to 2001—

(i) that, by virtue of sections 38(1) and 42(3) and its memorandum of association, shall perform its functions in accordance with the policies and directions of the Authority,

(ii) in respect of which no alteration to its memorandum or articles of association shall, by virtue of those sections and its memorandum of association, have effect unless the Authority shall have given its prior approval thereto, and

(iii) that, by virtue of those sections and its articles of association, the members of the company shall resolve to wind up the company by special resolution where the Authority requests them to so do, or

( c) a committee established under section 23 .

(2) The Authority shall, where the Minister so directs in writing, delegate such of its functions as are specified in the direction concerned to—

( a) a subsidiary of the Authority,

( b) a company to which subsection (1)(b) applies, or

( c) a committee established under section 23 .

(3) The Authority may, with the consent of the Minister, delegate such of its functions under section 8(1)(a) , as it considers appropriate, to Tourism Ireland Limited.

(4) The Authority shall, where the Minister so directs in writing, delegate to Tourism Ireland Limited such of its functions under section 8(1)(a) as are specified in the direction concerned.

(5) Where a delegation is made under this section—

( a) (i) the delegated person shall, in relation to a delegation other than a delegation under subsection (3) or (4), perform the function concerned under the general direction and control of the Authority, or

(ii) the delegated person shall, in relation to a delegation under subsection (3) or (4), perform the functions concerned under the general direction and control of such persons as may be specified in the delegation,

( b) the delegated person shall perform the function concerned in accordance with any limitations specified in the delegation as to the area, period in which, or extent to which he or she is to perform that function, and

( c) a provision of or under this Act or any other enactment (whether passed before or after the passing of this Act) that vests functions in the Authority or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the delegated person, with the substitution of the delegated person for the Authority.

(6) Notwithstanding subsection (5), where a delegation to a delegated person is made under this section—

( a) the Authority may, with the consent of the Minister, or

( b) the Authority shall, where the Minister so directs in writing,

in any particular case, inform the delegated person that it has decided to perform the function itself, and the function shall thereupon be performable in that case by the Authority and not the delegated person.

(7) The Authority may, with the consent of the Minister, revoke a delegation under this section.

(8) The Authority shall, where the Minister so directs in writing, revoke a delegation under this section.

(9) In this section “delegated person” means a person to whom a function of the Authority stands delegated for the time being under this section.