Digital Hub Development Agency Act 2003

Number 23 of 2003

DIGITAL HUB DEVELOPMENT AGENCY ACT 2003

REVISED

Updated to 8 March 2023

This Revised Act is an administrative consolidation of the Digital Hub Development Agency 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 Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), enacted 2 March 2023, and all statutory instruments up to and including the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (Commencement) Order 2023 (S.I. No. 97 of 2023), made 7 March 2023, 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 23 of 2003

DIGITAL HUB DEVELOPMENT AGENCY ACT 2003

REVISED

Updated to 8 March 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Extension or variation of digital hub area.

4.

Establishment day.

5.

Laying of orders before Houses of Oireachtas.

6.

Expenses.

PART 2

Digital Hub Development Agency

7.

Establishment of Agency.

8.

Functions of Agency.

9.

Development plan.

10.

Strategic, etc., plans.

11.

Conferral of additional functions on Agency.

12.

Directives of Minister to Agency.

13.

Subsidiaries, investments, joint ventures, etc.

14.

Charges by Agency.

15.

Membership of Agency and term of office of members.

16.

Chairperson of Agency.

17.

Meetings of Agency.

18.

Committees of Agency.

19.

Chief Executive of Agency.

20.

Staff of Agency.

21.

Superannuation.

22.

Membership of either House of Oireachtas or European Parliament.

23.

Code of conduct.

24.

Declaration of interests.

25.

Disclosure by members of Agency of certain interests.

26.

Disclosure by staff of Agency, etc., of certain interests.

27.

Prohibition on unauthorised disclosure of confidential information.

28.

Gifts.

29.

Advances by Minister to Agency.

30.

Borrowings.

31.

Accounts and Audits.

32.

Accountability of chief executive to Committee of Public Accounts.

33.

Accountability of chief executive to other Oireachtas Committees.

34.

Reports and information to Minister.

35.

Consultants and advisers.

36.

Seal of Agency.

37.

Indemnification.

38.

Immunity of Agency.

PART 3

Dissolution of Digital Media Development Limited and Transitional Provisions

39.

Dissolution of Digital Media Development Limited.

40.

References to former company in enactments.

41.

Transfer to Agency of assets and liabilities of former company and Commissioners of Public Works in Ireland.

42.

Preservation of certain contracts and adaptation of references to former company.

43.

Pending legal proceedings.

44.

Final accounts of former company.

PART 4

Amendment of Communications Regulation Act 2002

45.

Amendment of Communications Regulation Act 2002.

SCHEDULE

Description of Digital Hub

Acts Referred to

Communications Regulation Act 2002

2002, No. 20

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2001

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Planning and Development Act 2000

2000, No. 30

Postal and Telecommunications Services Act 1983

1983, No. 24

Superannuation Acts 1834 to 1963

Superannuation and Pensions Act 1976

1976, No. 22

Wireless Telegraphy Act 1926

1926, No. 45

Number 23 of 2003

Digital Hub Development Agency Act 2003

REVISED

Updated to 28 September 2021

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE DIGITAL HUB DEVELOPMENT AGENCY, TO DEFINE ITS FUNCTIONS, TO DISSOLVE DIGITAL MEDIA DEVELOPMENT LIMITED, TO AMEND THE COMMUNICATIONS REGULATION ACT 2002 AND TO PROVIDE FOR CONNECTED MATTERS. [8th July, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

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.

(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

(1)

(2)

(3)

...

...

...

No. 23 of 2003

Digital Hub Development Agency Act 2003

Sections 3, 10, 11, 12, 13, 18(6), 24, 28(5) and 29

...

...

...