National Tourism Development Authority Act 2003

Number 10 of 2003

NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 21 December 2022

This Revised Act is an administrative consolidation of the National Tourism Development Authority Act 2003. 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 the National Tourism Development Authority (Amendment) Act 2022 (51/2022), enacted 21 December 2022, and all statutory instruments up to and including the European Union (Food and Feed Hygiene) (Amendment) Regulations 2022 (S.I. No. 744 of 2022), made 20 December 2022, were considered in the preparation of this Revised Act.

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 10 of 2003

NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 21 December 2022

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title, collective citation and collective construction.
2.	Interpretation.
3.	Orders.
4.	Expenses.
5.	Repeals.

PART 2

National Tourism Development Authority

6.	Establishment day.
7.	National Tourism Development Authority.
8.	Functions of Authority.
9.	Conferral of additional functions on Authority.
10.	Power to establish, or acquire, hold or dispose of shares in, companies.
11.	Delegation of functions.
12.	Agreements for performance of functions of Authority by persons other than Authority.
13.	Directions of Minister.
14.	Membership of Authority.
15.	Conditions of office of members of Authority.
16.	Casual vacancies among members of Authority.
17.	Remuneration of members of Authority.
18.	Meetings and procedure.
19.	Membership of either House of Oireachtas or European Parliament.
20.	Disclosure by members of Authority of certain interests.
21.	Disclosure by members of staff of certain interests.
22.	Prohibition of unauthorised disclosure of confidential information.
23.	Committees of Authority.
24.	Grants to Authority.
25.	Grants by Authority.
26.	Schemes relating to European Community funds.
27.	Accounts and audits.
28.	Annual report and information.
29.	Freedom of information.
30.	Gifts.
31.	Chief Executive.
32.	Accountability of chief executive to Committee of Public Accounts.
33.	Accountability of chief executive to other Oireachtas Committees.
34.	Staff.
35.	Transfer of staff to Authority.
36.	Superannuation.

PART 3

Dissolution of Bord FÁilte Éireann and C.E.R.T. Limited

37.	Dissolution of Bord Fáilte Éireann and C.E.R.T. Limited.
38.	Transfer of functions to Authority.
39.	Transfer of land and other property.
40.	Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by a dissolved body.
41.	Liability for loss occurring before establishment day.
42.	Provisions consequent upon transfer of functions, assets and liabilities to Authority.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Functions Performable By Contractor

Acts Referred to
Companies Act 1963	1963, No. 33
Companies Act 1990	1990, No. 33
Companies Acts 1963 to 2001
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Ethics in Public Office Act 1995	1995, No. 22
European Parliament Elections Act 1997	1997, No. 2
Freedom of Information Act 1997	1997, No. 13
Local Government Act 1991	1991, No. 11
Local Government Act 2001	2001, No. 37
Minimum Notice and Terms of Employment Acts 1973 to 2001
Organisation of Working Time Act 1997	1997, No. 20
Protection of Employees (Part-Time Work) Act 2001	2001, No. 45
Redundancy Payments Acts 1967 to 2001
Tourist Traffic Act 1939	1939, No. 24
Tourist Traffic Act 1952	1952, No. 15
Tourist Traffic Act 1955	1955, No. 5
Tourist Traffic Act 1957	1957, No. 27
Tourist Traffic Act 1959	1959, No. 27
Tourist Traffic Act 1961	1961, No. 37
Tourist Traffic Act 1963	1963, No. 22
Tourist Traffic Act 1966	1966, No. 3
Tourist Traffic Act 1968	1968, No. 29
Tourist Traffic Act 1970	1970, No. 16
Tourist Traffic Act 1972	1972, No. 28
Tourist Traffic Act 1975	1975, No. 26
Tourist Traffic Act 1979	1979, No. 22
Tourist Traffic Act 1983	1983, No. 31
Tourist Traffic Act 1987	1987, No. 11
Tourist Traffic Act 1995	1995, No. 13
Tourist Traffic Act 1998	1998, No. 45
Tourist Traffic Acts 1939 to 1998
Unfair Dismissals Acts 1977 to 2001

Number 10 of 2003

NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 21 December 2022

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN TÚDARÁS NÁISIÚNTA FORBARTHA TURASÓIREACHTA OR IN THE ENGLISH LANGUAGE THE NATIONAL TOURISM DEVELOPMENT AUTHORITY; TO PROVIDE FOR THE DISSOLUTION OF BORD FÁILTE ÉIREANN AND C.E.R.T. LIMITED; TO PROVIDE FOR THE PROMOTION OF TOURISM AND THE DEVELOPMENT OF TOURISM FACILITIES AND SERVICES; TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS FROM BORD FÁILTE ÉIREANN AND C.E.R.T. LIMITED TO THE NATIONAL TOURISM DEVELOPMENT AUTHORITY; TO PROVIDE FOR THE REPEAL OF CERTAIN PROVISIONS OF THE TOURIST TRAFFIC ACTS 1939 TO 1998; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [13th April, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references to “Department of Transport, Tourism and Sport” and “Minister for Transport, Tourism and Sport” in collectively cited Tourist Traffic Acts construed (16.09.2020) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09 2020) by Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 403 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Culture, Heritage and the Gaeltacht.

(2) References to the Department of Transport, Tourism and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Culture, Heritage and the Gaeltacht.

3. (1) The functions vested in the Minister for Transport, Tourism and Sport by or under —

(a) the Tourist Traffic Acts 1939 to 2016,

...

are transferred to the Minister for Culture, Heritage and the Gaeltacht.

(2) References to the Minister for Transport, Tourism and Sport contained in any Act or instrument made under such 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 Culture, Heritage and the Gaeltacht.

Editorial Notes:

Previous affecting provision: functions transferred and references to “Department of Tourism, Culture and Sport” and “Minister for Tourism, Culture and Sport” construed (1.04.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011), arts. 2, 3, in effect as per art. 1(2); superseded as per C-note above.

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National Tourism Development Authority Act 2003