Garda Síochána Act 2005

29

Powers relating to contracts, bank accounts, etc.

29.— (1) Subject to this Act and the regulations, the Garda Commissioner may, for the purposes of performing his or her functions under this Act in relation to the administration and business of the Garda Síochána—

( a) enter on behalf of the Garda Síochána into a contract with any person or body concerning any matter arising in relation to those functions,

( b) with the prior consent of the Minister and the Minister for Finance, operate in the State or elsewhere bank accounts of any description, and

( c) do any other thing necessary for enabling the Commissioner to perform those functions.

(2) Subject to the consent of the Minister and the Minister for Finance, the power conferred by subsection (1)(a) includes the power to engage consultants or advisers to assist the Garda Commissioner in performing functions under this Act.

(3) The power conferred by subsection (1)(a) does not include the power to enter into a contract relating to land or an interest in land.

(4) The Garda Commissioner may sue and be sued in the name of his or her office.

(5) A contract entered into under this section by a person holding the office of Garda Commissioner is binding on and enforceable by that person and his or her successors in office, but neither that person nor any successor in office is personally liable on the contract.

(6) Subsection (5) applies whether or not the contract was entered into pursuant to a power delegated under section 31 .

(7) Notwithstanding subsection (1)(b), the Garda Commissioner does not have power to borrow money by means of a bank overdraft or otherwise.