Dublin Transport Authority Act 2008


Number 15 of 2008


DUBLIN TRANSPORT AUTHORITY ACT 2008

REVISED

Updated to 22 October 2018


This Revised Act is an administrative consolidation of the Dublin Transport Authority Act 2008. 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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this revision.

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 15 of 2008


DUBLIN TRANSPORT AUTHORITY ACT 2008

REVISED

Updated to 22 October 2018


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 first passed.

Related legislation

National Transport Authority Acts 2008 to 2016: this Act is one of a group of Acts included in this collective citation ( Public Transport Act 2016 (3/2016), s. 10(2)). The Acts in this group are:

Dublin Transport Authority Act 2008 (15/2008)

Public Transport Regulation Act 2009 (37/2009), Part 3

Taxi Regulation Act 2013 (37/2013), Part 10

Public Transport Act 2016 (3/2016), s. 1

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2018)

Public Transport Act 2016 (3/2016)

Roads Act 2015 (14/2015)

Freedom of Information Act 2014 (30/2014)

Local Government Reform Act 2014 (1/2014)

Taxi Regulation Act 2013 (37/2013)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Public Transport Regulation Act 2009 (37/2009)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

National Transport Authority Superannuation Scheme 2017 (S.I. No. 471 of 2017)

National Transport Authority (Extension of Remit) Order 2013 (S.I. No. 237 of 2013)

European Union (Rights of Passengers when Travelling by Bus and Coach Transport) Regulations 2013 (S.I. No. 152 of 2013)

European Union (Rights of Passengers when Travelling by Sea and Inland Waterway) Regulations 2012 (S.I. No. 394 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

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

Dublin Transport Authority Act 2008 (Section 58) (Commencement) Order 2010 (S.I. No. 468 of 2010)

National Transport Authority (Extension of Remit) Order 2010 (S.I. No. 467 of 2010)

National Transport Authority (Extension of Remit) Order 2010 (S.I. No. 139 of 2010)

Dublin Transport Authority Act 2008 (Amendments of Planning and Development Act 2000) (Commencement) Order 2009 (S.I. No. 574 of 2009)

Dublin Transport Authority Act 2008 (Dissolution of Dublin Transportation office) Order 2009 (S.I. No. 474 of 2009)

Dublin Transport Authority Act 2008 (Part 2) (Establishment Day) Order 2009 (S.I. No. 459 of 2009)

Dublin Transport Authority Act 2008 (Parts 3, 4, 5 and Section 115(2)) (Commencement) Order 2009 (S.I. No. 458 of 2009)

Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009)

Dublin Transport Authority Act 2008 (Parts 1, 7, 8 and 9) (Commencement) Order 2008 (S.I. No. 291 of 2008)

All statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this revision.


Number 15 of 2008


DUBLIN TRANSPORT AUTHORITY ACT 2008

REVISED

Updated to 22 October 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Definitions.

3. Greater Dublin Area.

4. Commencement.

5. Expenses.

6. General power to make regulations.

7. Laying of orders and regulations before Houses of Oireachtas.

PART 2

Dublin Transport Authority

Chapter 1

Establishment of Dublin Transport Authority

8. Establishment day.

9. Establishment of Dublin Transport Authority.

10. General objectives of Authority.

11. Principal functions of Authority.

12. Transport strategy.

13. Integrated implementation plan.

Chapter 2

Governance Arrangements for Authority

14. Membership of Authority.

15. Chairperson of Authority.

16. Meetings and procedures of Authority.

17. Advisory Council.

18. Functions of Advisory Council.

19. Chief executive officer.

20. Staff of Authority.

21. Superannuation for staff of Authority.

22. Engagement of consultants and advisers.

23. State authorities.

24. Subsidiaries.

25. Resources made available by Minister.

26. Ministerial policy directions.

27. Ministerial guidelines.

28. Advice and services.

29. Exchequer allocations to Authority.

30. Borrowings by Authority.

31. Guarantee by Minister for Finance of borrowings by Authority.

32. Accounts and annual report of Authority.

33. Gifts.

34. Code of conduct.

35. Disclosure of interests by members of Authority.

36. Disclosure of interests by directors of subsidiary.

37. Disclosure of interests by members of staff.

38. Prohibition on unauthorised disclosure of confidential information.

39. Prohibition on certain communications.

40. Membership of Houses of Oireachtas, European Parliament and local authorities.

41. Accountability to Committees of Oireachtas.

42. Authority to keep itself informed on certain matters.

43. Immunity of Authority.

PART 3

Transport Matters

Chapter 1

Public Transport Infrastructure

44. Functions of Authority in relation to public transport infrastructure.

44A. Investing in bus infrastructure and cycle facilities.

45. Funding of public transport infrastructure.

46. Railway orders.

Chapter 2

Public Passenger Transport Services

47. Definitions ( Part 3, Chapter 2).

48. Public transport services contracts.

49. Funding of public transport services contracts.

50. Public service obligations.

51. Amendments to public service contracts.

52. Direct award public service contracts.

53. Public passenger transport services provided by CIÉ.

54. Public service contracts in respect of services partially outside GDA.

55. General provision relating to the operation of this Chapter.

56. Operator of last resort.

56A. Powers of Authority to make bye-laws for public passenger transport services (other than rail passenger services), enforcement etc.

56B. Authorised persons.

56C. Powers of authorised person.

56D. Fixed payment notice.

Chapter 3

Integration Measures

57. Promotion of public transport.

58. Integrated ticketing scheme.

59. Fares scheme.

60. Integrated public transport information scheme.

61. Road user information system.

62. Access to bus stops, bus stands and bus and railway stations.

63. Extension of remit of Authority.

Chapter 4

Traffic Management

64. Strategic traffic management plan.

65. Local traffic plans.

66. Traffic management guidelines.

67. Directions to road authorities.

68. Performance by Authority of functions of road authority.

69. Allocation of public funds to road authorities for traffic management.

70. Agreements and arrangements between road authorities in relation to traffic management and other functions of Authority.

71. Demand management.

Chapter 5

Research and Information

72. Research.

73. Information, data and statistics.

Chapter 6

Relationships Between Authority and Other Bodies

74. Relationship between Authority and NRA.

75. NRA and road authorities to ensure consistency with transport strategy in exercising their functions in GDA.

76. Relationship between Authority and DAA, port developers and State bodies.

PART 4

Enforcement

77. Prosecution of summary offences and penalties.

78. Authorised officers and powers to call for production of documents, information, etc.

79. Application to High Court for order for information.

80. Directions and enforcement.

PART 5

Land Use Provisions

Chapter 1

Amendments of Act of 2000

81. Amendment of section 2 of Act of 2000 — definitions.

82. Amendment of section 9 of Act of 2000 (obligation to make development plans).

83. Amendment of section 11 of Act of 2000 (preparation of draft development plan).

84. Amendment of section 12 of Act of 2000 (making of development plan).

85. Amendment of section 13 of Act of 2000 (variation of development plan).

86. Amendment of section 19 of Act of 2000 (application and content of local area plans).

87. Amendment of section 20 of Act of 2000 (consultation and adoption of local area plans).

88. Amendment of section 21 of Act of 2000 (power to make regional planning guidelines).

89. Amendment of section 23 of Act of 2000 (content and objectives of regional planning guidelines).

90. Amendment of section 24 of Act of 2000 (consultation regarding regional planning guidelines).

91. Amendment of section 25 of Act of 2000 (procedure for making regional planning guidelines).

92. Amendment of section 31 of Act of 2000 (ministerial directions regarding development plans).

93. Insertion of new section 31A into Act of 2000 (ministerial directions regarding regional planning guidelines).

94. Amendment of Fourth Schedule to Act of 2000 (reasons for the refusal of permission which exclude compensation).

95. Insertion of new Part (DTA and land use provisions) into Act of 2000.

Chapter 2

Amendments of Act of 1997 and Act of 2005

96. Amendment of section 3 of Act of 1997 — definitions.

97. Amendment of section 16 of Act of 1997 (council).

98. Amendment of section 24 of Act of 1997 (master plan).

99. Amendment of section 25 of Act of 1997 (planning schemes).

100. Amendment of section 2 of Act of 2005 — definitions.

101. Amendment of section 12 of Act of 2005 (strategic plan).

PART 6

Dissolution of DTO and Transfer of Employees of DTO and RPA

102. Dissolution of DTO.

103. Transfer of land and other property.

104. Transfer of rights and liabilities.

105. Preservation of existing contracts.

106. Continuance of legal proceedings.

107. References in legislation to DTO.

108. Final accounts.

109. Admissibility in evidence of documents.

110. Transfer of employees of DTO and RPA.

PART 7

Matters Relating to CIÉ and RPA

111. Parking facilities.

112. Bye-laws.

113. Articles of association of companies.

114. Disposal of CIÉ property.

115. Amendment of Act of 2001.

PART 8

Railway works, etc. on Saint Stephen’s Green

116. Non-application of section 15 of Saint Stephen’s Green (Dublin) Act 1877 to surveys, inspections and railway works and operation of railway, light railway or metro.

PART 9

Transport Officers

117. Transport officers.


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Borrowing Powers of Certain Bodies Act 1996

1996, No. 22

Carer’s Leave Act 2001

2001, No. 19

Civil Service Regulation Acts 1956 to 2005

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Disability Act 2005

2005, No. 14

Dublin Docklands Development Authority Act 1997

1997, No. 7

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Grangegorman Development Agency Act 2005

2005, No. 21

Local Government Act 1991

1991, No. 11

Local Government Act 2001

2001, No. 37

Local Government (Roads Functions) Act 2007

2007, No. 38

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Development Finance Agency Act 2002

2002, No. 29

National Development Finance Agency (Amendment) Act 2007

2007, No. 16

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Planning and Development Act 2000

2000, No. 30

Planning and Development (Amendment) Act 2002

2002, No. 32

Planning and Development (Strategic Infrastructure) Act 2006

2006, No. 27

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Railway Safety Act 2005

2005, No. 31

Redundancy Payments Acts 1967 to 2007

Roads Act 1993

1993, No. 14

Road Safety Authority Act 2006

2006, No. 14

Road Traffic Act 1961

1961, No. 24

Road Traffic Act 2002

2002, No. 12

Road Traffic and Transport Act 2006

2006, No. 28

Road Transport Act 1932

1932, No. 2

Road Transport Act 1986

1986, No. 16

Saint Stephen’s Green (Dublin) Act 1877

40 & 41, Vict. c. cxxxiv

State Airports Act 2004

2004, No. 32

State Authorities (Public Private Partnership Arrangements) Act 2002

2002, No. 1

Terms of Employment (Information) Acts 1994 and 2001

Transport Act 1950

1950, No. 12

Transport Act 1958

1958, No. 19

Transport (Railway Infrastructure) Act 2001

2001, No. 55

Transport (Re-organisation of Córas Iompair Éireann) Act 1986

1986, No. 31

Unfair Dismissals Acts 1977 to 2007


Number 15 of 2008


DUBLIN TRANSPORT AUTHROITY ACT 2008

REVISED

Updated to 22 October 2018


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN IN THE ENGLISH LANGUAGE AS THE DUBLIN TRANSPORT AUTHORITY OR IN THE IRISH LANGUAGE AS ÚDARÁS IOMPAIR BHAILE ÁTHA CLIATH, TO DEFINE ITS FUNCTIONS AND FOR THAT PURPOSE TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000, THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001, THE DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT 1997, THE GRANGEGORMAN DEVELOPMENT AGENCY ACT 2005, THE ROAD TRANSPORT ACT 1986 AND THE TRANSPORT (RE-ORGANISATION OF CÓRAS IOMPAIR ÉIREANN) ACT 1986, TO PROVIDE FOR THE DISSOLUTION OF THE DUBLIN TRANSPORTATION OFFICE, TO PROVIDE THAT SECTION 15 OF THE SAINT STEPHEN’S GREEN (DUBLIN) ACT 1877 DOES NOT APPLY TO INSPECTIONS, SURVEYS OR RAILWAY WORKS OR THE OPERATION OF A RAILWAY, LIGHT RAILWAY OR METRO UNDER THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001 ON OR UNDER SAINT STEPHEN’S GREEN AND TO PROVIDE FOR RELATED MATTERS.

[16 th July, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

15

...

...

2008

...

...

Dublin Transport Authority Act 2008

...

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 15 of 2008

...

...

Dublin Transport Authority Act 2008

...

...

Sections 11(3), 13, 24, 25(1), 29, 32, 33(3), 45, 49 and 114

...

C3

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.— ...

(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

...

No. 15 of 2008

...

...

Dublin Transport Authority Act 2008

...

...

Section 30

...

C4

Name of Dublin Transport Authority changed to National Transport Authority and term “Dublin Transport Authority” construed (1.12.2009) by Public Transport Regulation Act 2009 (37/2009), s. 30, commenced as per s. 30(4).

National Transport Authority.

30.—(1) The name of the Dublin Transport Authority is changed, on the appointed day, and it shall be known, in the English language, as the National Transport Authority or, in the Irish language, An Údarás Náisiúnta Iompair.

(2) References in the Act of 2008, in this Act or in any other Act to the Dublin Transport Authority or to the Authority shall from the appointed day be construed as references to the National Transport Authority.

...