Road Traffic Act 1968

Director of the Bureau.

39

39. (1) The establishment order shall provide for the appointment by the Minister of a Director of the Bureau, in this Part referred to as the Director.

F23 [ (2) The Director shall, subject to this Part and the establishment order, manage the day-to-day business of the Bureau and exercise general supervision in relation to the performance by it of the functions assigned to it by or under this Act or Part 2 of the Road Traffic Act 2010. ]

(3) The Director shall be paid, out of funds at the disposal of the Bureau—

( a) such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for Finance, and

( b) such amounts in respect of expenses as the Minister, with the consent of the Minister for Finance, from time to time approves.

(4) The Director may be a member of the Bureau.

(5) The Director may, with the consent of the Bureau and as provided by the establishment order, from time to time appoint one or more than one person to act as his deputy and may from time to time delegate to any such person any of the duties or functions of the Director.

(6) Where a delegation to a person is made under this section—

( a) the person shall perform the delegated functions under the general direction and control of the Director,

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

( c) a provision made by or under this Act which vests functions in the Director 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 person, with the substitution of the person for the Director.

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

( a) the Director may, in any particular case of the performance of the function, inform the person that he has decided to perform the function himself, and the function shall thereupon be performable in such case by the Director and not by the person, and

( b) if the person is satisfied that, in any particular case of the performance of the function, performance would, on account of the importance of the decision involved or on account of any other reasonable consideration, be more appropriately effected by the Director, the person may refer such case to the Director, and the function shall thereupon be performable in such case by the Director and not by the person.

(8) The name of the Director and of any person appointed under subsection (5) shall be published in the manner specified in the establishment order.

Annotations:

Amendments:

F23

Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 28, S.I. No. 543 of 2011.

Modifications (not altering text):

C18

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), subject to transitional provisions in arts. 6-9.

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.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 25 of 1968

Road Traffic Act 1968

Sections 37(5), 39(3) and 41

...

...

...

Editorial Notes:

E83

Power pursuant to section exercised (1.01.1984) by The Medical Bureau of Road Safety (Establishment) Order 1968 (Amendment) Order 1983 (S.I. No. 364 of 1983).

E84

Power pursuant to section exercised (27.11.1968) by The Medical Bureau of Road Safety (Establishment) Order 1968 (S.I. No. 241 of 1968).

E85

Previous affecting provision: subs. (2) substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 7, S.I. No. 350 of 1994; substituted as per F-note above.

E86

Previous affecting provision: subs. (2) substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 8, S.I. No. 192 of 1978; substituted as per E-note and F-note above.