Roads Act , 1993

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Roads Act, 1993.

2. Interpretation.

2.—(1)In this Act, except where the context otherwise requires—

“the Act of 1925” means the Local Government Act, 1925;

“the Act of 1946” means the Local Government Act, 1946;

“the Act of 1955” means the Local Government Act, 1955;

F1[…]

“the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974;

F1[…]

“the Act of 1979” means the Local Government (Toll Roads) Act, 1979;

F1[…]

F2["Act of 2000" means Planning and Development Act 2000;]

F3["Act of 2024" means the Planning and Development Act 2024;]

“the Authority” means the National Roads Authority established under section 16;

“busway” has the meaning assigned to it by section 44;

“busway scheme” means a scheme in respect of a busway made F4[…] under section 47;

“the Commissioner” means the Commissioner of the Garda Síochána;

“consent” means consent in writing;

“contravention” includes failure to comply;

“development” has the meaning assigned to it by the Act of 1963;

F2["development plan" has the meaning assigned to it byF5[the Act of 2024];]

F6["EIA Directive" means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011^1as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^2;

"environmental impact assessment", in relation to a proposed road development, means a process in respect of the development—

(a) consisting of—

(i) the preparation of an environmental impact assessment report in accordance withsection 50,

(ii) the carrying out of consultation referred to insection 51(3),

(iii) the examination by An Bord Pleanála of the information presented in the environmental impact assessment report, any additional information provided in accordance withsection 51(4)and any relevant information received through consultation undersection 51(3),

(iv) the reaching by An Bord Pleanála of the reasoned conclusion referred to insection 51(5)on the significant effects of the proposed road development on the environment; and

(v) the integration by An Bord Pleanála of its reasoned conclusion into its decision undersection 51(6),

and

(b) including an examination, analysis and evaluation by An Bord Pleanála undersection 51(5)in order to identify, describe and assess the direct and indirect significant effects of the particular proposed road development, including significant effects derived from the vulnerability of the proposed road development to risks of major accidents and disasters relevant to it, on—

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992^3and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^4,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape, and

(v) the interaction between the factors mentioned insubparagraphs (i)to(iv);

"environmental impact assessment report" shall be construed in accordance withsection 50;]

“footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;

“footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;

“functions” includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;

F2["land" has the meaning assigned it by the Act of 2000;]

F7["local authority" means a local authority for the purposes of theLocal Government Act 2001(as amended by the Local Government Reform Act 2014);]

“local road” means a public road other than a national road or a regional road;

“maintenance” in relation to public roads includes improvement and management;

F2["Minister" means Minister for Transport;]

“motorway” has the meaning assigned to it by section 43;

“motorway scheme” means a scheme in respect of a motorway made F4[…] under section 47;

“national road” means a public road or a proposed public road which is classified as a national road under section 10;

F8["national managed road" means a national road or a proposed national road, or any part thereof, which is designated as a national managed road undersection 10A;]

“owner” when used in relation to any thing which is the subject of a hire-purchase or leasing agreement includes the person in possession of that thing under the agreement;

“pedal cycle” and “pedal cyclist” have the meanings respectively assigned to them by the Act of 1961;

F2["planning authority" has the meaning assigned to it by the Act of 2000;

"planning permission" means permission under Part III of the Act of 2000;]

F9["powered personal transporter" has the same meaning as it has in section 3 of the Road Traffic Act 1961;]

“proposed road development” means any proposed road development F10[which is subject to an environmental impact assessment] under section 50;

“protected road” has the meaning assigned to it by section 45;

“protected road scheme” means a scheme in respect of a protected road made F4[…] under section 47;

“public authority” means—

(a)a Minister of the Government,

(b)a board or other body established by or under statute,

(c)a local authority;

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

“regional road” means a public road or a proposed public road which is classified as a regional road under section 10;

F2["reserved function" is to be read in accordance withsection 131of theLocal Government Act 2001;]

“road” includes—

(a)any street, lane, footpath, square, court, alley or passage,

(b)any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, F11[carriageway (whether single or multiple and whether or not designated for a particular class of vehicle),] pavement or footway,

(c)any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, F12[verge,] kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and

(d)any other structure or thing forming part of the road F13[…]—

(i)F11[used, or the use of which is reasonably required, for] the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or

(ii)prescribed by the Minister;

F2["road authority" except inPart V, means a local authority]

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

F14["rights" includes, in relation to a scheme, rights which are existing or which are proposed to be created in the scheme;

"scheme" has the meaning assigned to it bysection 47(1);

"substratum of land" means any subsoil or anything beneath the surface of land required—

(a)for the purposes of a tunnel or tunnelling or anything connected therewith, or

(b)for any other purpose connected with a scheme;]

F15["service area" means an area beside or in the proximity of a public road where services and facilities for users of the road are provided under a motorway or service area scheme;

"service area scheme" means a scheme in respect of a service area made undersection 47;]

F2["special amenity area order" means an order confirmed under section 203 of the Act of 2000;]

“State authority” means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland;

“statutory undertaker” has the meaning assigned to it by the Act of 1963;

F2["structure" has the meaning assigned to it by the Act of 2000;]

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“traffic sign” has the meaning assigned to it by section 95 of the Act of 1961.

(2)Except where the context otherwise requires, a reference in any enactment or instrument to a public road, a road or a road authority shall be deemed to be a reference to a public road, a road or a road authority as defined in this Act.

(3)Nothing in this Act affects any existing rule of law in relation to the liability of a road authority for failure to maintain a public road.

(4)The maintenance of a public road includes the provision and maintenance of public lighting.

(5)In this Act a reference to a Part, section or Schedule is to a Part or section of, or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.

(6)In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

F6[(6A) A reference in this Act to an Annex is a reference to an Annex to the EIA Directive.]

(7)In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

3. Commencement.

3.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

4. Repeals.

4.—(1)The enactments mentioned in the First Schedule are hereby repealed to the extent mentioned in the third column of that Schedule.

(2)The provisions of this Act shall have effect notwithstanding the provisions of any enactment enacted before the passing of this Act and any such enactment shall stand repealed to the extent that it is inconsistent with any provision of this Act.

5. Savers.

5.—(1)(a)Notwithstanding section 4, orders made under section 2 (1) of the Act of 1974 that were in force immediately before the commencement of section 10, shall continue in force and shall be deemed to have been made under section 10 (1) (a).

(b)Notwithstanding section 4, orders made under section 2 (2) and (2A) of the Act of 1974 shall continue in force as if motorway or busway schemes in respect of the motorways or busways specified in those orders had been approved by the Minister under section 49.

(2)(a)Notwithstanding section 4, any scheme approved (with or without modifications) by the Minister under section 4 of the Act of 1974 shall continue in force and shall be deemed to be a scheme approved under section 49.

(b)Notwithstanding section 4, any scheme made by a road authority under section 4 of the Act of 1974 but not approved by the Minister before the repeal of section 4 of the Act of 1974 by section 4 of this Act shall be deemed to be a scheme made under section 47.

(3)Notwithstanding section 4, regulations made under the Act of 1974 shall continue in force and shall be deemed to be regulations made under section 7.

6. Minor and consequential amendments.

6.—Each enactment mentioned in the Second Schedule is hereby amended in the manner stated in the third column of that Schedule.

7. Regulations.

7.—(1)The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matters referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.

(2)Every regulation made under this Act, other than a regulation under section 10 or 17, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3)Where it is proposed to make regulations under section 10 or 17, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

8. Revocation and amendment of orders and directions.

8.—(1)The Minister may by order revoke or amend any order made by him under any provision of this Act, other than section 3.

(2)The Minister or the Authority may by direction revoke or amend any direction given by him or it under this Act.

(3)Orders made under section 12, 49, 51, 58, 60, 61 or 73 of this Act shall be exempted from the provisions of section 3 (1) of the Statutory Instruments Act, 1947.

(4)Where an order referred to in subsection (3) has been made, the road authority concerned shall, as soon as may be, give notice thereof to its members.

9. References to road classifications in previous enactments.

9.—(1)The Minister may by order adapt any enactment or instrument by deleting any reference to a main road, a county road, an urban road, a trunk road or a link road and substituting therefor a reference to a national road, a regional road or a local road as he sees fit.

(2)A reference in any enactment or instrument to a national road shall be deemed to be a reference to a national road as defined in this Act.

PART II Classification of Roads and Assignment of Functions

10. Classification of national, regional and local roads.

10.—(1)(a)The Minister may by order classify any existing public road or any proposed public road as a national road.

(b)The Minister may by order classify any existing public road or any proposed public road as a regional road.

(c)A public road, other than a national road or a regional road, shall be a local road.

(d)Where a public road has been classified as a national road or a regional road under this subsection and where that road has been realigned or a by-pass has been constructed on it, such realignment or by-pass shall, unless otherwise provided by order of the Minister under this subsection, be a national road or a regional road, as the case may be, and that section of the existing road which remains following the realignment or the construction of the by-pass shall be a local road.

F18[(e) Where a new section or a replacement section of a national or regional road is proposed or has been provided, the new or replacement section is, unless provided by order of the Minister under this subsection, a national or regional road, as the case may be. Any section of the existing road which remains following the construction of the new or replacement section becomes a local road.]

(2)(a)The Minister may make regulations—

(i)prescribing classes of public roads in addition to or in substitution for the classes referred to in subsection (1), and

(ii)making provision for the assignment of responsibility for the maintenance and construction of such classes of public roads and for the adaptation for that purpose of any of the provisions of section 13

(b)Regulations under this subsection may provide either generally or in a particular case that a reference in any enactment (including this Act) or instrument to a national road, a regional road or a local road is to be construed as a reference to a public road of a class prescribed in such regulations.

(3)(a)The Minister (in the case of national roads and regional roads) and a road authority (in the case of local roads) may by order—

(i)designate particular roads for particular purposes,

(ii)divide a particular class of roads into subclasses.

(b)Where the Authority stands established under section 16 the Minister shall consult with it before classifying a public road or a proposed public road as a national road under subsection (1) (a) or before making an order under paragraph (a) of this subsection relating to a national road.

(4)(a)The Minister shall assign a number or other identifying mark to each national road and regional road.

(b)A road authority shall assign a number or other identifying mark to each local road in respect of which it has responsibility.

(5)(a)A road authority shall keep a schedule and map of all public roads in respect of which it has responsibility.

(b)A road authority shall prepare the schedule and map as soon as practicable after the commencement of this section and shall take all reasonable measures to keep the schedule and map up to date.

(c)The schedule and map shall be kept at the offices of the road authority and shall be available for inspection during office hours.

(d)The schedule and map may be kept otherwise than in a legible form provided that the information contained therein is capable of being reproduced in a legible form.

(e)Articles 85, 86 and 87 of the Public Bodies Order, 1946 are hereby revoked.

(6)A road authority shall, at the request of the Minister and in such manner as may be specified by him, carry out an inventory of all public roads, or of any class or subclass of public road, in respect of which it has responsibility.

10A. F19[National managed road

10A.—The Minister may by order designate a national road or a proposed national road, or any part thereof, as a "national managed road".]

11. Declaration of public roads.

11.—(1)(a)A road authority may, by order, declare any road over which a public right of way exists to be a public road, and every such road shall be deemed to be a public road and responsibility for its maintenance shall lie on the road authority.

(b)Where a road authority proposes to declare a road to be a public road it shall—

(i)satisfy itself that the road is of general public utility,

(ii)consider the financial implications for the authority of the proposed declaration,

(iii)publish in one or more newspapers circulating in the area where the road which it is proposed to declare to be a public road is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection),

(iv)consider any objections or representations made to it under paragraph (iii) and not withdrawn.

(2)The consideration of objections or representations and the making of an order under subsection (1) shall be reserved functions.

(3)The Minister may prescribe criteria for the declaration of roads to be public roads and a road authority shall comply with any such prescribed criteria when exercising its functions under this section.

(4)Every national road, regional road, motorway, busway and protected road shall be a public road and it shall not be necessary for a road authority to make an order under subsection (1) in relation to any such road.

(5)A certificate of a road authority that a road is a public road shall be prima facie evidence thereof.

(6)Every road which, immediately before the repeal of an enactment by this Act, was a public road shall be a public road.

(7)Any road constructed or otherwise provided by a road authority after the commencement of this section shall, unless otherwise decided by such road authority, be a public road and it shall not be necessary for the authority to make an order under subsection (1) in relation to any such road.

12. Abandonment of public roads.

12.—(1)Save as is provided for in section 73, a road authority shall not abandon a public road except in accordance with the provisions of this section.

(2)Where a road authority proposes to abandon a public road it shall—

(a)publish in one or more newspapers circulating in the area where the public road proposed to be abandoned is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such public road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the road authority for that purpose,

(b)affix a copy of such notice in a prominent position at each end of the public road proposed to be abandoned and leave it in place for a period or periods which shall in aggregate be not less than fourteen days,

(c)consider any objections or representations made to it under paragraph (a) and not withdrawn,

(d)if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the road authority and consider the report and any recommendation of the person so appointed.

(3)(a)A road authority may make an order abandoning the public road specified in the notice published under subsection (2) (a), or a part thereof.

(b)A road authority shall not make an order under paragraph (a) until it has complied with subsection (2).

(4)(a)An order made under subsection (3) relating to a national road or a regional road shall have no effect unless and until the Minister approves the order.

(b)The Minister may, by order, approve the order with or without modifications or he may refuse to approve the order.

(c)The Minister shall consult with the Authority before making an order under this subsection relating to a national road.

(5)(a)A road authority shall no longer be responsible for the maintenance—

(i)of a local road — from the date on which the order abandoning it is made by the road authority,

(ii)of a national road or a regional road — from the date on which the Minister approves with or without modifications the order abandoning it.

(b)The abandonment of a public road shall not affect any public right of way over such road and a road authority shall not do anything to interfere with such right of way save as is provided for in law.

(6)A road authority shall as soon as may be after a public road has been abandoned publish notice of such abandonment in the newspaper or newspapers in which notice of the proposed abandonment was published under subsection (2) (a) and shall notify in writing any person who made written objections or representations to it in relation to such abandonment.

(7)The consideration of objections or representations and the report and any recommendations of a person appointed under subsection (2) and the making of an order under subsection (3) shall be reserved functions.

(8)A person who, without lawful authority, removes, or who defaces or damages a notice erected under subsection (2) (b) shall be guilty of an offence.

(9)Where, before the repeal of section 26 of the Act of 1925 by section 4, an application has been made to the Minister under the said section 26 for an order abandoning a public road and such application has not been determined by the Minister or withdrawn, the application shall continue to be dealt with and determined as if the said section 26 had not been repealed.

(10)(a)The Minister may make regulations for the purposes of this section.

(b)Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), specify criteria for the abandonment of public roads and a road authority shall comply with any such specified criteria when exercising its functions under this section.

13. Responsibility of road authorities for the maintenance and construction of public roads.

13.—F20[(1) Subject toPart III, the maintenance and construction of all national and regional roads in a county or city is a function of the council of that county or city.

(2) It is the function of a local authority to maintain and construct all local roads—

(a) in the case of a county council—in its administrative area, other than the administrative area of any borough or town referred to in Chapter 2 of Part 1 of Schedule 6 to theLocal Government Act 2001situated within the county of the council, and

(b) in the case of any other local authority—in its administrative area.

(3) The local authorities referred to insubsections (1)and(2)are road authorities for the purposes of the roads referred to in those subsections and shall, subject to Part III and in respect of those roads, perform all the functions assigned to road authorities by or under any enactment (including this Act) or instrument.

(4) The expenses of a county council in respect of its functions undersubsection (2)shall be charged on the county of the council exclusive of any borough or town that is situated within the county.]

(5)In the performance of their functions under subsections (1) and (2), a road authority shall consider the needs of all road users.

(6)(a)A person or group of persons may, with the consent of a road authority, carry out maintenance works on a local road.

(b)A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.

(c)Where a road authority gives its consent under paragraph (a) and the works have been carried out in a bona fide manner and in accordance with every condition, restriction or requirement specified under paragraph (b)—

(i)the works shall be deemed to have been carried out by the road authority, and

(ii)the person or group (and each member thereof) who carried out the works shall be indemnified by the road authority against all actions and claims howsoever arising in respect of the works and the carrying out of works.

(d)A road authority may provide materials, plant, equipment and the services of its staff to a person or group carrying out works under this subsection.

(7)A road authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions under this Act or otherwise in relation to public roads or are ancillary thereto.

F21[(7A) Without prejudice to the generality of this section and save as otherwise provided by law, a road authority may carry out works to reduce, increase or modify—

(a)any lane, footpath, carriageway, pavement or footway, within an existing road,

(b) any median, island, pedestrian refuge, or verge, forming part of the road,

(c) any structure forming part of the road, and

(d) any land or substratum of land on which any of the foregoing is situated.]

F22[(8) Without prejudice to the generality ofsubsection (7)and save as otherwise provided by law, a road authority may—

(a) provide any amenity, structure, infrastructure or thing on, in, under or over a road for the benefit, utility, safety or convenience of road users,

(b) undertake landscaping, planting or any similar activity on, in, under or over a road in the interests of amenity and the environment,

(c) provide artistic features,

(d) undertake works on, in, under or over a road to install, re-lay, relocate, divert, remove or replace any wire, pipe, drain, duct, cable or other similar infrastructure,

(e) provide any structure or infrastructure on, in, under or over a road for, or in connection with—

(i) the charging of electric vehicles,

(ii) the provision of information to road users, or

(iii) the transmission of information to vehicles being used on a road.]

(9)Notwithstanding the definition of “road” in section 2, nothing in this Act shall be construed as imposing on a road authority any liability, duty or obligation to—

(a)construct or maintain fences or retaining walls adjoining a public road which are the responsibility of any other person and which do not form part of the road, or

(b)construct or maintain any bridges, tunnels, railway crossings or any other structure which by virtue of any enactment are the responsibility of a railway company or other person.

(10)(a)A person who, without lawful authority or the consent of a road authority—

(i)defaces a public road by writing or by any other means,

(ii)damages a public road,

(iii)excavates a public road,

(iv)(I)places or deposits any material or thing on a public road,

(II)permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road, or

(III)does any other thing,

such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road,shall be guilty of an offence.

(b)A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.

(c)Where a person does anything in contravention of paragraph (a), a road authority may remove any defacement, repair any damage, fill in any excavation, remove any material, thing, dung or urine or remove or reduce any hazard, potential hazard, obstruction or interference and may recover from such person, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.

F21[(11)Subsection (10)shall not apply to the National Transport Authority when, in the performance of a function in accordance with subsection (2)(b) or (5)(a) of section 44 of the Dublin Transport Authority Act 2008, it is exercising the powers of a road authority.]

14. Agreements and arrangements between road authorities.

14.—(1)(a)Whenever it appears to the Authority that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of the functions of those authorities relating to national roads the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.

(b)Where any road authority concerned refuses or fails to comply with a request under paragraph (a), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into an agreement in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.

(c)An agreement entered into under this subsection shall not be revoked save with the consent of the Authority.

F23[(d) The Authority may request the road authorities which have entered into an agreement under this subsection to amend it in accordance with such terms and conditions as the Authority may specify or revoke the agreement.

(e) Where any road authority concerned refuses or fails to comply with a request underparagraph (d), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to amend the agreement in accordance with such terms and conditions as it may specify, or to revoke it. The road authorities shall comply with any such direction given by the Authority.]

(2)An agreement under section 59 of the Act of 1955 which provides for the exercise or performance of any function by one road authority for another road authority may contain terms as to—

(a)the vesting of the function in the first-named authority to such extent and for such period as may be specified in the agreement, and

(b)the making of payments or the transfer of financial responsibility,

and may provide for an area of charge other than the area of charge specified in section 10 of the Act of 1946.

(3)(a)Two or more road authorities may make arrangements for the joint discharge of any of their functions.

(b)Whenever it appears to the Authority that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to national roads the Authority may request the road authorities to enter into arrangements in accordance with such terms and conditions as the Authority may specify.

(c)Where any road authority concerned refuses or fails to comply with a request under paragraph (b), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into arrangements in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.

(d)An arrangement entered into under paragraph (b) or (c) shall not be revoked save with the consent of the Authority.

(4)An agreement under section 59 of the Act of 1955 or arrangements under subsection (3) may relate to all or part of the area of a road authority.

(5)(a)Whenever it appears to the Minister that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct them to enter into an agreement.

(b)The Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

(c)An agreement entered into under this subsection shall not be revoked save with the consent of the Minister.

(6)(a)Whenever it appears to the Minister that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct that they make such arrangements as he may specify.

(b)The Minister may direct that any such arrangements shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

(c)Any arrangements entered into under this subsection shall not be revoked save with the consent of the Minister.

(7)Any existing agreement in relation to public roads made by road authorities under section 59 of the Act of 1955 shall cease to have force or effect following the expiry of the period of one year from the commencement of this section unless within that period it is continued in force by the said road authorities with, in the case of a national road, the approval of the Authority.

(8)(a)Where an agreement under section 59 of the Act of 1955 is made after the commencement of this section or where arrangements are made under this section and where such agreement or arrangements relate to national roads, such agreement or arrangements shall have no force or effect until approved (with or without modifications) by the Authority.

(b)Paragraph (a) shall not apply to an agreement or arrangements made following a direction by the Authority under subsection (1) or (3).

(9)The Authority may, in relation to national roads, enter into an agreement under section 59 of the Act of 1955 or into arrangements under subsection (3) as if it were a road authority and the provisions of subsection (8) (a) shall not apply to such agreement or arrangements.

(10)The Authority and every road authority shall carry out any agreement or arrangements to which this section relates and to which it is a party in accordance with the terms thereof.

(11)It shall be the duty of a road authority which is a party to an agreement under section 59 of the Act of 1955 relating to public roads (including an existing agreement continued in force under subsection (7)) or arrangements under this section to furnish to the Minister a copy of such agreement or arrangements.

15. Power of Minister to issue directions and guidelines to road authorities.

15.—(1)The Minister may give a direction in writing to a road authority in relation to any of the functions assigned to it by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the road authority shall comply with such direction.

(2)The Minister shall lay a copy of any direction given by him under subsection (1) before each House of the Oireachtas.

(3)The Minister may give policy or other guidelines to road authorities in relation to any of the functions assigned to them by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the authorities shall have regard to the guidelines when performing such functions.

(4)The Minister shall lay a copy of any guidelines given by him under subsection (3) before each House of the Oireachtas.

15A. F24[Requirements as regards railways, canals, etc.

15A.—A road authority shall not construct or reconstruct a bridge or viaduct over, or a tunnel under—

(a) a railway, save with the consent of the Minister for Public Enterprise, or

(b) any inland waterway within the meaning ofthe Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, or any navigable water, save with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.]

15B. F25[Power of Minister to specify national standards

15B.—(1) The Minister may specify national standards in respect of the design, construction or maintenance of public roads.

(2) Any person, road authority or public authority carrying out works involving the design, construction or maintenance of public roads shall comply with the national standards (if any) specified by the Minister undersubsection (1).

(3) The Minister may request the Authority to amend any standards specified by it undersection 19(1)(e)and the Authority shall comply with any such request.]

15C. F26[Power of Minister to request information from road authority

15C.—The Minister may request a road authority to furnish him or her with such information as he or she may require in connection with any of the authority’s functions in relation to regional and local roads, under this Act, and the authority shall comply with any such request.]

PART III The National Roads Authority

16. Establishment of National Roads Authority.

16.—(1)There shall be a body to be known as An tÚdarás um Bóithre Náisiúnta, or, in the English language, the National Roads Authority to perform the functions assigned to it by or under this Act.

(2)The Authority shall stand established on such day as the Minister shall by order appoint.

17. Functions generally of the Authority.

17.—(1)Subject to the following provisions of this Part and, in particular, to such directions and guidelines as may be given by the Minister under section 41, it shall be the general duty of the Authority to secure the provision of a safe and efficient network of national roads and for that purpose it shall have—

(a)overall responsibility for the planning and supervision of works for the construction and maintenance of national roads, and

(b)such other functions in relation to the construction or maintenance of national roads as are assigned to it by or under this Act.

(2)In the performance of its functions under subsection (1), the Authority shall consider the needs of all road users.

(3)The Minister may, by regulations, assign to the Authority such additional functions in relation to the construction or maintenance of national roads as from time to time he considers appropriate.

(4)The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.

(5)Whenever regulations under subsection (4) are in force in relation to a particular function, a reference in any enactment concerned to the Minister, to the road authority concerned or to the Commissioner shall be construed as including a reference to the Authority and the function to which the regulations relate shall be a function of the Authority.

(6)Regulations under subsection (3) or (4) may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purpose or in consequence of, or to give full effect to, the regulations.

18. Preparation of plans by the Authority.

18.—F27[…]

19. Specific functions of the Authority.

19.—F28[(1) The Authority may, in relation to national roads or proposed national roads, do all or any of the following:

(a) prepare, or arrange for the preparation of—

(i) designs for construction or improvement works,

(ii) programmes ofF29[maintenance (including maintenance works)], or

(iii) schemes for the provision of traffic signs;

F29[(b) secure the carrying out of construction and maintenance (including maintenance works) and the provision of traffic signs and consult with the Commissioner,]

(c) secure the provision of facilities for the parking of vehicles;

F30[(ca) prepare, or arrange for the preparation of, schemes for the provision of a safe and efficient network of recharging infrastructure and refuelling infrastructure for such zero to low emission vehicles as the Minister may prescribe and provide and maintain, or secure the provision and maintenance of, such a network;]

(d) allocate moneys and make payments in relation to construction orF29[maintenance (including maintenance works)], or in relation to any other function assigned to it by or under this Act;

F31[(e) subject tosection 15B(3), specify standards in relation to design, construction orF29[maintenance (including maintenance works)]to be complied with by a person, road authority or public authority carrying out such works;]

(f) carry out, arrange to have carried out or assist the carrying out of, training, research or testing activities in relation to any of its functions;

(g) provide any amenity, structure or thing (including, without limitation, service areas, rest areas or lay-bys) for the safety and convenience of road users;

(h) undertake landscaping, planting or any similar activities in the interests of amenity and the environment; or

(i) provide artistic features.]

(2)The Authority shall, as far as possible, arrange that the functions referred to in F32[paragraphs (a)to(c)] of subsection (1) shall be performed on its behalf by the relevant road authority but, in any case where the Authority considers that it would be more convenient, more expeditious, more effective or more economical that the function concerned should be performed by it, it may decide accordingly.

(3)The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.

(4)No action or other proceedings shall lie or be maintainable against—

(a)the Authority,

(b)a committee performing functions delegated to it by the Authority,

(c)a road authority performing functions on behalf of the Authority,

(d)a body providing services to the Authority,

for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure of the Authority to perform or to comply with any of the functions conferred on it.

(5)(a)The Authority shall not be liable for damage caused as a result of any failure to maintain a national road.

(b)In paragraph (a) “damage” includes loss of property, loss of life and personal injury.

F28[(6) Development consisting of the carrying out of any works by or at the direction of, or on behalf of, the Authority under this Act in relation to the construction or maintenance of a national or other public road or anything related or incidental to such is exempted development for the purposes of the Act of 2000.]

(7)Where a decision is made by the Authority under subsection (2) or under section 20 (5) (a) to perform a particular function otherwise than through a road authority, the following provisions shall have effect—

(a)the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function;

(b)for the purpose of paragraph (a), land may be acquired by agreement or by means of a compulsory purchase order made by the Authority and submitted to and confirmed by the Minister in accordance with the provisions contained in section 76 of, and the Third Schedule to, the Housing Act, 1966 or by means of a scheme made by the Authority and approved by the Minister under Part IV of this Act;

(c)the provisions of any enactment concerned shall apply in relation to the performance of the function subject to such modifications as may be necessary.

(8)The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

(9)Before acquiring land by agreement under subsection (7), the Authority shall obtain an independent valuation of the land.

(10)The Minister may by order make such provision as appears to him to be necessary to enable subsection (7) to have full effect, including provision for the application, modification or adaptation of any enactment.

F33[(11) The Landlord and Tenant Acts 1967 to 2005 do not apply to any lettings effected by the Authority or any road authority, in each case, in performing the functions conferred on it by this Act.]

20. Directions by the Authority to road authorities.

20.—(1)The Authority may, in relation to a national road, direct a road authority to—

(a)make a motorway scheme and submit it to the Minister for his approval,

(b)make an application to the Minister for a bridge order under the Act of 1946,

(c)make a protected road scheme and submit it to the Minister for his approval,

(d)acquire land by making a compulsory purchase order or otherwise,

(e)submit a compulsory purchase order to the Minister for confirmation,

(f)prepare an F35[environmental impact assessment report] and apply to the Minister for the approval referred to in section 51,

(g)prepare, or arrange for the preparation of, designs for specified construction or improvement works,

(h)enter into contracts for specified construction or maintenance works,

(i)undertake specified construction or maintenance works,

(j)prepare, or arrange for the preparation of, a programme of maintenance works,

(k)prepare, or arrange for the preparation of, a scheme for the provision of traffic signs,

F36[(l)provide a specified traffic sign under and in accordance with section 95 of the Act of 1961,]

(m)do any other thing which arises out of or is consequential on or is necessary or expedient for the purposes of or would facilitate the construction or maintenance of a national road,

and the road authority shall, notwithstanding section 39 of the Act of 1963 or any other enactment, take all such measures as are necessary to comply with such a direction.

(2)Before issuing a direction under subsection (1) in relation to any works which would, in the opinion of the Authority, if carried out require a road authority to contravene materially a development plan or a special amenity area order, the Authority shall—

(a)publish in one or more newspapers circulating in the area where the proposed works would be carried out a notice stating that it proposes to issue such direction and that objections or representations may be made in writing to the Authority in relation to such proposed direction before a specified date (which shall be not less than one month after the date of first publication of the notice),

(b)serve a notice on the road authority and, where the road authority is not the planning authority, on the planning authority stating that it proposes to issue such direction and that objections or representations may be made in writing to the Authority in relation to such proposed direction before a specified date (which shall be not less than one month after the date on which the notice was served),

(c)consider any objections or representations made to it under paragraph (a) or (b) and not withdrawn.

(3)Before issuing a direction (other than a direction to which subsection (2) relates) to a road authority, the Authority shall consult with such road authority.

(4)A direction under subsection (1) may specify the time within which such direction is to be complied with and such other matters as the Authority considers necessary.

(5)(a)Subject to paragraph (b), where a road authority refuses or fails to comply with a direction under subsection (1), the Authority may, notwithstanding any other enactment and in any case in which it appears to it that the circumstances so warrant, perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.

(b)The Minister may, by regulations, specify a class of case in which a decision by the Authority under paragraph (a) shall not have effect unless and until it is approved by him.

21. Programmes for EC assistance.

21.—(1)(a)The Authority shall, in accordance with such terms and conditions as the Minister may specify, prepare programmes or such other documentation as may be required by him or any other Minister of the Government for the purposes of making or supporting an application to the European Communities for financial assistance (whether in the form of grants or loans) in respect of national roads.

(b)Any such programme or other documentation shall be submitted to the Minister, who following consultation with any other Minister concerned, may—

(i)approve it,

(ii)approve it with modifications,

(iii)direct that it be resubmitted to him in a modified form for approval,

(iv)refuse to approve it.

(c)An approved programme or other documentation shall not be submitted to the European Communities except by the Minister or other Minister of the Government concerned.

(2)The Authority shall, with the consent of the Minister, and in such manner as may be specified by him, assist in promoting the case for financial assistance (whether in the form of grants or loans) by the European Communities in respect of national roads.

(3)In this section “European Communities” has the meaning assigned to it by the European Communities Act, 1972.

22. The Authority and the physical planning process.

22.—(1)The Authority may, in relation to its functions under this Act, at any time make recommendations in writing to a planning authority as to the content of that authority's development plan and any such recommendations shall be considered by the planning authority.

(2)When performing any function in relation to the construction or improvement of a national road F37[…] the Authority shall—

(a)consider the proper planning and development of the area in which that road is or is to be situated,

(b)consider the effects (if any) the works concerned would have on the environment of the area concerned, and

(c)have regard to the provisions of the development plan and any special amenity area order or tree preservation order relating to such area.

(3)(a)Where in the performance of its functions under section 19 or 20, the Authority proposes that a national road be constructed along a particular alignment and the appropriate road authority under section 13 objects to that alignment, the road authority may make representations in writing to the Authority and the Authority shall consider such representations.

(b)Where following the consideration by the Authority of representations received under paragraph (a), agreement on the alignment has not been reached and the representations have not been withdrawn, the road authority may make representations in writing to the Minister in relation to the matter.

(c)The road authority shall send a copy of any representations made by it under paragraph (b) to the Authority and the Authority may, within one month after the date on which the copy is received, make representations in writing to the Minister.

(d)The making of representations by a road authority under this subsection shall be a reserved function.

23. The Authority and traffic management.

23.—(1)The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.

(2)The Minister shall consult with the Authority before—

(a)making an order in relation to a national road under section 94 of the Act of 1961,

(b)making regulations under section 101D of the Act of 1961 (as inserted by section 9 of the Dublin Transport Authority (Dissolution) Act, 1987),

(c)making regulations in relation to national roads under Part IV of the Act of 1961.

(3)F38[…]

24. Grants to the Authority.

F39[24.—The Minister may, subject to such conditions as he sees fit, in each financial year make grants, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas towards—

(a) the capital and current expenditure of the Authority, or

(b) the expenditure of the Authority in respect of its functions under this Act in relation to regional and local roads,

and grants underparagraph (a)shall be made having particular regard to the maintenance requirements of national roads.]

25. Borrowing by the Authority.

25.—(1)(a)The Authority may borrow money (including money in a currency other than the currency of the State) but where money is borrowed by the Authority, such borrowing shall be subject to the consent of the Minister and the Minister for Finance.

(b)The Authority may, with the consent of the Minister and the Minister for Finance, raise money (including money in a currency other than the currency of the State) by the making of promissory notes or the drawing or accepting of bills of exchange.

(2)For the purpose of borrowing, the Authority may create and issue bonds, debentures and other securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as the Authority thinks fit.

(3)The Authority shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Authority may at any particular time be liable to repay on foot of any liability or liabilities incurred under this section does not, or do not in their aggregate, exceed £500,000,000.

(4)For the purposes of this section, moneys borrowed or raised in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed or raised, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time such moneys were borrowed or raised, as the case may be.

26. Guarantee by the Minister for Finance of borrowing by the Authority.

26.—(1)The Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he thinks fit—

(a)the due repayment by the Authority of the principal of any moneys borrowed by the Authority or the payment of the interest on such moneys, or both the repayment of such principal and the payment of such interest, and

(b)the due payment of a promissory note made by the Authority or a bill of exchange drawn or accepted by the Authority,

and any such guarantee may include a guarantee of the payment by the Authority of commission and incidental expenses arising in connection with such borrowing, promissory note or bill of exchange.

(2)The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a)particulars of the guarantee,

(b)in case any payment has been made by him under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him on foot of the payment, and

(c)the amount of moneys covered by the guarantee which was outstanding at the end of that year.

(3)Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the Authority within such period from the date of the advance of the moneys out of the Central Fund as may be specified by that Minister after consultation with the Authority.

(4)Where the whole or any part of moneys required by subsection (3) to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister for Finance shall determine, to the Central Fund out of moneys provided by the Oireachtas.

(5)Notwithstanding the provision of moneys under subsection (4) to repay the amount to the Central Fund, the Authority shall remain liable to the Minister for Finance in respect of that amount, and that amount (with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to him by the Authority at such times and in such instalments as he appoints.

(6)Moneys paid by the Authority under subsection (3) or (5) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.

(7)In relation to guarantees given by the Minister for Finance under this section in money in a currency other than the currency of the State—

(a)each of the references to principal or interest and the reference to commission and incidental expenses in subsection (1), and the reference to a promissory note or bill of exchange in paragraph (b) thereof, shall be taken as referring to the equivalent in the currency of the State of the actual amount of such principal, interest, commission and incidental expenses, promissory note or bill of exchange, as the case may be, such equivalent being calculated according to the cost in the currency of the State of such amount at the time the calculation is made,

(b)the reference to moneys in subsection (2) shall be taken as referring to the equivalent in the currency of the State of the actual moneys, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time the calculation is made, and

(c)each of the references to moneys in subsections (3) to (5) shall be taken as referring to the cost in the currency of the State of the actual moneys.

27. Advances from the Central Fund.

27.—All moneys from time to time required by the Minister for Finance to meet sums which may become payable by him under section 26 shall be advanced out of the Central Fund or the growing produce thereof.

28. Chairman and members of the Authority.

28.—(1)(a)The Minister shall appoint the members of the Authority and shall appoint one of the members to be Chairman of the Authority.

(b)Save where a person stands appointed under section 29 to be the Chief Executive, the Minister may, when appointing the Chairman or at any time during the Chairman's term of office, direct that the Chairman shall perform the functions referred to in section 29 (2).

(c)The number of members of the Authority shall not be less than ten nor more than fourteen.

(d)Each member of the Authority shall be a person who in the opinion of the Minister has wide experience and competence in relation to roads, F40[railway infrastructure,] transport, industrial, commercial, financial or environmental matters, local government, the organisation of workers or administration.

(2)The Minister shall, when appointing the Chairman or another member of the Authority, fix his term of office which shall be for a period not exceeding five years, and, subject to subsection (5) and section 34, that person shall hold his office on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines.

(3)A person appointed under this section whose term of office expires by the effluxion of time shall be eligible for reappointment.

(4)The Chairman and the other members of the Authority shall be paid by the Authority such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(5)(a)The Chairman and any other member of the Authority may resign from office by letter addressed to the Minister and the resignation shall take effect from the date of the receipt of the letter by the Minister.

(b)The Minister may remove from office any such person if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Authority of its functions.

(6)The Authority may act notwithstanding a vacancy amongst its members.

29. Chief Executive.

29.—(1)(a)Save where a direction is in force under section 28 (1) (b), there shall be appointed from time to time a person to be the chief executive officer of the Authority (“the Chief Executive”).

(b)The first Chief Executive shall be appointed by the Minister.

(c)Each subsequent Chief Executive shall be appointed by the Authority with the consent of the Minister.

(d)The Chief Executive shall hold office for such period and upon such terms and conditions (including terms and conditions relating to remuneration) and allowances for expenses as the Minister may, with the consent of the Minister for Finance, determine from time to time.

(2)(a)The Chief Executive shall report directly to the Authority, carry on and manage and control generally the administration and business of the Authority and perform such other functions as the Authority may determine from time to time.

(b)The Chief Executive may delegate any of the functions referred to in paragraph (a).

(3)The Chief Executive shall be entitled to attend and speak (but, save where he is a member of the Authority, not vote) at any meeting of the Authority or of any committee or consultative group appointed by it.

(4)Save as is provided for in any other enactment,

(a)the Minister may at any time for stated reasons terminate the employment of the first Chief Executive;

(b)the Authority may, with the consent of the Minister, at any time for stated reasons terminate the employment of any subsequent Chief Executive.

30. Staff.

30.—(1)The Authority may appoint such persons to be employees of the Authority as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.

(2)(a)An employee of the Authority shall be paid, out of moneys at the disposal of the Authority, such remuneration and allowances for expenses as the Authority with the consent of the Minister and the Minister for Finance, may determine.

(b)An employee of the Authority referred to in paragraph (a) shall hold his employment on such other terms (including terms specifying the duration of such employment) and conditions as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(3)In this Part, except in this section, a reference to an employee of, or a person employed by, the Authority shall include the Chief Executive.

31. Transfer of staff of public authorities.

31.—(1)(a)A public authority may designate for employment by the Authority any person employed by the public authority and whose principal duties relate to a function assigned or transferred to the Authority under this Act, or to be so assigned or transferred to the Authority.

(b)A designation under this subsection by a public authority other than the Minister shall be made only with the consent of the Minister and the Authority.

(c)A public authority shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

(2)The Authority shall accept into its employment a person designated under subsection (1) for employment by it.

(3)Acceptance into the employment of the Authority of a person designated under this section shall have effect on such day as may be specified by the Minister after consultation with the Authority.

(4)The terms and conditions relating to tenure which are granted by the Authority in relation to a person accepted into its employment under this section shall not, while the person is in the employment of the Authority, be less favourable to him than those prevailing immediately before his acceptance into such employment save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Authority and any such person as to the terms and conditions prevailing immediately before his acceptance into the employment of the Authority, the matter shall be determined by the Minister for Finance, after consultation with the Minister.

(5)Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (4) shall not, while in the employment of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure) to which he was subject immediately before the day on which he was so accepted.

(6)Until such time as the scale of pay and the terms and conditions of service (other than those relating to tenure) of a person referred to in subsection (4) are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which such person was entitled and the terms and conditions of service (other than those relating to tenure), restrictions, requirements and obligations to which the person was subject immediately before such acceptance shall continue to apply and may be applied or imposed by the Authority, while the person is in the employment of the Authority; no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to an employee immediately before he was accepted into the employment of the Authority, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(7)Previous service of any person in a public authority from which he was accepted into the employment of the Authority under this section shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 and 1991.

32. Provision of services.

32.—(1)For the purpose of enabling the Authority to perform its functions, the Minister may provide services (including services of staff) to the Authority on such terms and conditions (including payment for such services) as may be agreed and the Authority may avail of such services.

(2)The Authority may provide services (including services of staff) to the Minister, a road authority or any other body or person on such terms and conditions (including payment for such services) as may be agreed and the Minister, a road authority or any other body or person may avail of such services.

(3)A road authority may provide services (including services of staff) to the Minister, another road authority or any other body or person on such terms and conditions (including payment for such services) as may be agreed, and the Minister, the other road authority or any other body or person may avail of such services.

(4)A public authority may provide to the Authority any services (including services of staff) required by the Authority for the performance of any of its functions under this Act on such terms and conditions (including payment for such services) as may be agreed and the Authority may avail of such services.

33. Indemnification of members of the Authority and other persons.

33.—Where the Authority is satisfied that a member of the Authority, an employee of the Authority, a person whose services are provided to the Authority under section 32 or a member of a committee or consultative group established by the Authority has discharged his duties in relation to the functions of the Authority in a bona fide manner, it shall indemnify such member, employee or person against all actions or claims however so arising in respect of the discharge by him of his duties.

34. Membership of either House of the Oireachtas or of the European Parliament by members or staff of the Authority.

34.—(1)Where a member of the Authority—

(a)accepts nomination as a member of Seanad Éireann, or

(b)is elected to either House of the Oireachtas or to the European Parliament, or

(c)is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Authority.

(2)Where a person employed by the Authority—

(a)accepts nomination as a member of Seanad Éireann, or

(b)is elected to either House of the Oireachtas or to the European Parliament, or

(c)is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such acceptance, or election, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.

(3)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of, or being employed by, the Authority.

(4)Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.

35. Membership of local authority.

35.—(1) (a)F41[…]

(b)Subject to paragraph (c), no person shall be employed by the Authority while he is a member of a local authority.

(c)The Minister may by order designate a class, description or grade of employment to which the provisions of paragraph (b) shall not apply while such order is in force.

(2)Where a person (whose employment has not been designated by the Minister under subsection (1) (c)) is elected as a member of a local authority or co-opted as a member of a local authority, he shall be released on special leave by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances—

(a)in case he is elected as a member of a local authority — in respect of the period commencing on his election and ending when he ceases to be a member of the local authority,

(b)in case he is co-opted as a member of the local authority — in respect of the period commencing on such co-option and ending when he ceases to be a member of the local authority.

(3)Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with the Authority for the purposes of any superannuation benefits.

36. Superannuation.

36.—(1)The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of—

(a)persons appointed under sections 29 and 30 to, or accepted under section 31 into, wholetime employment of the Authority, and

(b)the Chairman of the Authority where he by direction of the Minister under section 28 (1) (b) performs the functions referred to in section 29 (2).

(2)A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3)The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4)If any dispute arises as to the claim of any person to, or the amount of any superannuation benefit payable in pursuance of a scheme or schemes under this section such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(5)No superannuation benefits shall be granted by the Authority on the resignation, retirement or death of a person to whom subsection (1) relates otherwise than in accordance with a scheme or schemes under this section.

(6)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(7)A scheme or schemes under subsection (1) shall, as respects a person accepted into wholetime employment of the Authority under section 31, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so accepted into the employment of the Authority in relation to the grant of such benefits.

(8)Where, during the period between the establishment of the Authority and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person accepted into wholetime employment of the Authority, under section 31, in respect of his employment with the public authority concerned, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and, for that purpose, his pensionable service with the Authority shall be aggregated with his previous pensionable service.

37. Disclosure of interests.

37.—(1)Where a member of the Authority, an employee of the Authority, a person whose services are provided to the Authority under section 32, a member of a committee or consultative group established by the Authority or a consultant, adviser or other person engaged by the Authority, has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Authority, committee or consultative group or by him, he shall comply with the following requirements—

(a)in advance of any consideration of the matter, he shall disclose to the Authority and as the case may be to any meeting of the Authority, committee or consultative group considering the matter the nature of his interest;

(b)he shall neither influence nor seek to influence a decision to be made in relation to the matter;

(c)he shall take no part in any consideration of the matter;

(d)he shall withdraw from the meeting for so long as the matter is being discussed or considered by the Authority, committee or consultative group and, where he is a member of such Authority, committee or consultative group shall not vote or otherwise act as such member in relation to the matter.

(2)A person shall be regarded as having a beneficial interest in (but not confined to) each of the following cases—

(a)he, any member of his household or any nominee of his or his household is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in subsection (1);

(b)he or any member of his household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter;

(c)he or any member of his household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates;

(d)any member of his household has a beneficial interest in, or material to, such a matter.

(3)A person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4)Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him to comply with the requirements of subsection (1), the question shall be determined by the Authority and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5)Where at a meeting of the Authority, a committee or consultative group a disclosure is made under this section, particulars of the disclosure shall be recorded in the minutes of the meeting concerned and, for as long as the matter to which the disclosure relates is being considered by the meeting, the person by whom the disclosure is made shall not be counted in the quorum of the meeting.

F42[(6) Where the Minister is satisfied that a member of the Authority has failed to comply with a requirement ofsubsection (1)he or she may, if he or she thinks fit, remove that member from office or take such other action as he or she considers appropriate, and where a person is removed from office under this subsection he or she is disqualified from being a member of the Authority.

(7) Where a person (other than a member of the Authority) to whomsubsection (1)applies fails to comply with that subsection, then the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.]

38. Disclosure of confidential information.

38.—(1)A person shall not disclose confidential information obtained by him while performing duties as a member of the Authority, as an employee of the Authority, as a person whose services are provided to the Authority under section 32, as a member of a committee or consultative group established by the Authority or as a consultant, adviser or other person engaged by the Authority unless he is duly authorised to do so.

(2)In this section “confidential information” includes—

(a)information that is expressed by the Authority or the Minister to be confidential either as regards particular information or as regards information of a particular class or description,

(b)commercial information in relation to contractors, consultants, providers of finance or any other person,

(c)proposals of a commercial nature or tenders submitted to the Authority or a road authority by contractors, consultants or any other person,

and “duly authorised” means authorised in writing by the Authority or by some person authorised in that behalf by the Authority.

(3)A person who contravenes subsection (1) shall be guilty of an offence.

39. Prohibition of certain communications.

39.—(1)A person who communicates with a member of the Authority or of a committee or consultative group established by the Authority or with a person employed by the Authority or a person whose services are provided to the Authority under section 32, or with a consultant, adviser or other person engaged by the Authority, for the purpose of influencing improperly his consideration of any matter which falls to be considered or decided by the Authority, committee or consultative group shall be guilty of an offence.

(2)If a member or a person to whom a communication is made becomes of opinion that a communication is in contravention of subsection (1), it shall be his duty not to entertain the communication further and he shall inform forthwith the Chairman of the Authority in writing of the substance of such communication and the Chairman shall acknowledge in writing the receipt of such information.

40. Declaration of interests.

40.—(1)It shall be the duty of a person to whom this section applies to give to the Authority a declaration in the prescribed form, signed by him, and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty, where there is a change regarding any such interest or where he acquires any other interest to which this section applies, to give to the Authority a new declaration in the prescribed form.

(2)(a)This section applies to—

(i)a member of the Authority,

(ii)a member of a committee performing a function delegated to it by the Authority, and

(iii)an employee of the Authority or a person whose services are provided to the Authority under section 32 where such employee or person is of a class, description or grade prescribed for the purpose of this section.

(b)This section applies to the following interests—

(i)any estate or interest which a person to whom this section applies has in any land or in any activity,

(ii)any business of dealing in or developing land, or any activity, in which such a person is engaged or employed and any such business carried on by a company or other body of which he, or any nominee of his, is a member,

(iii)any profession, business or occupation in which such a person is engaged, whether on his own behalf or otherwise, and which relates to dealing in or developing land or to any activity.

(3)A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if, and only if, he gives to the Authority a declaration mentioned in that subsection within the period of twenty-eight days beginning—

(a)in case the person is such a person on the commencement of this section — on such commencement,

(b)in case the person becomes such a person after the commencement of this section — on the day on which he becomes such a person,

(c)in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies — on the day on which the change occurs or the other such interest is acquired.

(4)For the purposes of this section, a person shall be regarded as having an estate or interest in land or an activity if he, or any nominee of his, is a member of a company or other body which has an estate or interest in the land or the activity.

(5)For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Authority or a committee of the Authority, or in performing any function in relation to any such matter.

(6)Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or by his nominee and the total nominal value of those shares does not exceed the lesser of—

(a)one thousand pounds, or

(b)one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he has an interest,

subsection (1) shall not have effect in relation to that interest.

(7)The Authority shall for the purposes of this section keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Authority under this section.

(8)The register of interests shall be available for inspection by any person at the Authority's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Authority of such fee (if any) as the Authority shall fix not exceeding the reasonable cost of making a copy.

(9)Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the Authority under this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by the Authority.

(10)Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence.

(11)In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he believed, in good faith and upon reasonable grounds, that—

(a)the relevant particulars were true,

(b)there was no matter as regards which he was then required to make a declaration under subsection (1), or

(c)the matter in relation to which the offence is alleged was not one as regards which he was so required to make such declaration.

(12)In this section “activity” means—

(a)the provision of consultancy services in relation to road construction or maintenance,

(b)the carrying out or the management of road construction or maintenance works,

(c)the provision, manufacture or supply of equipment, plant, materials or any other thing for the purpose of road construction or maintenance,

(d)the provision to the Authority or a road authority of training, research or testing services in relation to its functions, and

(e)any other prescribed activity.

41. Power of Minister to issue directions and guidelines to the Authority.

41.—(1)The Minister may give a direction in writing to the Authority in relation to any of the functions assigned to it by or under this Act and the Authority shall comply with the direction.

(2)The Minister shall lay a copy of any direction given by him under subsection (1) before each House of the Oireachtas.

(3)(a)The Minister may give policy, financial or other guidelines to the Authority in relation to the performance of the functions assigned to it by or under this Act and the Authority shall have regard to such guidelines when performing its functions.

(b)The Minister shall not give financial guidelines to the Authority under paragraph (a) save with the consent of the Minister for Finance.

(4)The Minister shall lay a copy of any guidelines given by him under subsection (3) before each House of the Oireachtas.

42. Application of Third Schedule to the Authority.

42.—The Third Schedule shall apply in relation to the Authority.

PART IV Motorways, Busways and Protected Roads

43. Motorways.

43.—F43[(1) In this Act "motorway" means

(a) a public road or proposed public road specified to be a motorway in a motorway scheme approved undersection 49, or

(b) a national road or a proposed road development for the construction of a national road declared to be a motorway undersection 8of the Roads Act 2007.]

(2)A person shall not have or be entitled to direct access from any land adjoining a motorway to the motorway, or from the motorway to such land, nor shall a right to such direct access be granted at any time.

F44[(2A) Notwithstandingsubsection (2)andsection 46(4), direct access from any adjoining land to a motorway or from the motorway to such land may be granted by a road authority to the Railway Procurement Agency, an applicant or a railway undertaking (within the meaning of the Transport (Railway Infrastructure) Act, 2001) in respect of a railway (within the meaning of that Act)—

(a) authorised by a railway order undersection 43of the Transport (Railway Infrastructure) Act, 2001, or

(b) the subject of an application for a railway order undersection 37of that Act,

subject to such conditions as the road authority may decide, and, accordingly, any such access shall not be a contravention ofsubsection (2)orsection 46(4).]

(3)The Minister may prescribe—

(a)the classes of vehicles which shall be permitted to use a motorway and different classes of vehicles may be prescribed in relation to motorways generally, particular motorways or particular parts of particular motorways, and