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Transport (Railway Infrastructure) Act 2001

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Functions of Agency.

11.—(1) The Agency shall have the following functions:

(a) to secure the provision of, or to provide, such light railway and metro railway infrastructure as may be determined from time to time by the Minister;

(b) F10[…]

(c) to enter into agreements with other persons in order to secure the provision of such railway infrastructure whether by means of a concession, joint venture, public private partnership or any other means; and

(d) to acquire and facilitate the development of land adjacent to any railway works subject to an application for a railway order under this Act where such acquisition and development contributes to the economic viability of the said railway works.

(2) The Minister may, with the consent of the Minister for Finance, by order confer on the Agency such additional functions in relation to public transport by rail or road as, from time to time, he or she considers appropriate.

(3) The Agency may exploit commercial opportunities arising from its functions.

(4) The exploitation of such commercial opportunities may be carried out by a railway undertaking on behalf of the Agency.

(5) The Agency may receive income (including any amount, right, interest, benefit or profit) arising from, or make payments (or otherwise provide consideration) in respect of functions referred to in subsections (1) and (3) or such additional functions assigned to it under subsection (2).

(6) Where the Agency enters into an agreement with a person and in connection with the agreement another person makes a financial loan to, or provides any other form of finance for, a party to the agreement, the Agency shall be deemed to have the power to enter into an arrangement with that other person.

(7) The Agency may only act as the operator of a railway where authorised by the Minister by order.

(8) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

Annotations

Amendments:

F10

Repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch. 1, S.I. No. 215 of 2006, art. 3.

F11

Inserted by Dublin Transport Authority Act 2008 (15/2008), s. 115(2), not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: subs. (1)(a) amended by Dublin Transport Authority Act 2008 (15/2008), s. 115(2), not commenced as of date of revision.

11.—(1) The Agency shall have the following functions:

(a) to secure the provision of, or to provide, such light railway and metro railway infrastructure as may be determined from time to time by the Minister F11[or, in the case of such railway infrastructure within its functional area, by the Dublin Transport Authority];

...

Additional functions conferred (31.05.2012) by Railway Procurement Agency (Conferral of Additional Functions) Order 2012 (S.I. No. 200 of 2012), art. 2.

2. The Railway Procurement Agency shall have the function of entering into agreements with other persons to provide those persons with consulting services (including the services of members of the staff of the Agency) in relation to light railway and metro infrastructure.

Additional functions conferred (20.09.2011) by Transport (Railway Infrastructure) Act 2001 (Additional Functions) (Public Transport by Road) Order 2011 (S.I. No. 470 of 2011), art. 3.

3. The Railway Procurement Agency shall have the following additional functions:

(a) to enter into agreements with the National Transport Authority in relation to the development of one or more bus rapid transit systems;

(b) to secure the provision of, or to provide, public transport infrastructure as required in the performance of an agreement referred to in paragraph (a);

(c) to enter into agreements with other persons in order to secure the provision of public transport infrastructure as required in the performance of an agreement referred to in paragraph (a) whether by means of a concession, joint venture, public private partnership or any other means.

Functions under subs. (2) transferred and references to Minister for Finance construed as Minister for Public Expenditure and Reform (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 operation 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.

...

Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 55 of 2001	Transport (Railway Infrastructure) Act 2001	Sections 11(2), 12, 14, 17, 32 and 71
...	...	...

The history of the Ministers concerned with Finance aspects of the Act can be traced as follows:

• Functions transferred and title of Minister for Finance changed to Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2025);

• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);

• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).

Editorial Notes:

Power pursuant to subs. (2) exercised (31.05.2012) by Railway Procurement Agency (Conferral of Additional Functions) Order 2012 (S.I. No. 200 of 2012).

Power pursuant to subs. (2) exercised (20.09.2011) by Transport (Railway Infrastructure) Act 2001 (Additional Functions) (Public Transport by Road) Order 2011 (S.I. No. 470 of 2011).

Previous affecting provision: power pursuant to subs. (2) and additional functions conferred (7.03.2002) by Transport (Railway Infrastructure) Act 2001 (Additional Functions) (Integrated Ticketing) Order 2002 (S.I. No. 84 of 2002); revoked (30.09.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 58(11), S.I. No. 468 of 2010.