Garda Síochána Act 2005

62B

F113[Establishment of Authority

62B. (1) On the establishment day of the Authority, a body to be known as an tÚdarás Póilíneachta or, in the English language, the Policing Authority stands established to perform the functions assigned to it by this Act.

(2) The Authority shall be a body corporate with perpetual succession and an official seal and may sue, or may be sued, in its corporate name.

(3) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of property other than land or an interest in land.

(4) The official seal of the Authority shall be authenticated by the signature of

(a) a member of the Authority, and

(b) the Chief Executive or other member of the staff of the Authority authorised by the Authority to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Authority and every document purporting

(a) to be an instrument made by the Authority, and

(b) to be sealed with the seal of the Authority authenticated in accordance with subsection (4),

shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

(6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority to act in that behalf.

(7) Subject to this Act, the Authority shall be independent in the performance of its functions.]

Annotations

Amendments:

F113

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.