Planning and Development Act 2024

(ii) is comprised of music, dancing, displays of public entertainment or any activity of a like kind,

or

(b) an activity or an activity of a class that is prescribed under section 477;

“fairground equipment” includes—

(a) any fairground ride or any similar equipment which is designed to be in motion for entertainment purposes with members of the public on or inside it,

(b) any equipment which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon,

(c) any swings, dodgems and other equipment which is designed to be in motion wholly or partly under the control of, or to be put in motion by a member of the public, or

(d) any equipment that may be prescribed under paragraph (a) of subsection (3) of section 487;

“funfair” means an entertainment where fairground equipment is used;

“licence” means a licence granted by a local authority under section 479.

(2) References in this Part to “a person who owns fairground equipment” shall be construed as including references to a person having an interest in the fairground equipment whether by rent, lease or other agreement.

477. Prescription of activity as event

477. The Minister may prescribe an activity or class of activities that—

(a) the public have access to, and

(b) takes place wholly or mainly in—

(i) the open air,

(ii) a structure with no roof or a partial, temporary or retractable roof, or

(iii) a tent or other similar temporary structure,

to be an event.

478. Obligation to obtain licence for holding of event

478. (1) A person, other than a local authority, shall not hold an event that is prescribed to be an event or class of event for the purposes of this section except under and in accordance with a licence.

(2) The Minister may prescribe an event or class of event for the purposes of this section, having regard to:

(a) the size of the event;

(b) the location of the event;

(c) the nature of the event;

(d) any other features of the event that the Minister considers relevant.

(3) A person, other than a local authority, who—

(a) organises, promotes, holds or is otherwise materially involved in the organisation of an event to which this section applies, or

(b) is in control of land on which an event to which this section applies is held,

other than under and in accordance with a licence, shall be guilty of an offence.

479. Licence

479. (1) A person (in this section referred to as “the applicant”) may make an application to a local authority for a licence to hold an event in such manner as may be prescribed under this section.

(2) A local authority, on receipt of an application under subsection (1), shall consider the application in accordance with regulations made under this section.

(3) The Minister may make regulations for the purposes of subsections (1) and (2), which regulations may make provision for any of the following:

(a) requirements in relation to the holding, when requested by the applicant and prior to that applicant making an application, of a meeting between the applicant and the local authority;

(b) a requirement for the applicant, prior to the applicant making an application to hold an event of such class or classes of events as may be prescribed, to request a meeting with the local authority, and the requirements in relation to the holding of such a meeting;

(c) a requirement for the publication by the applicant of a notice of the applicant’s intention to make an application;

(d) a requirement for the notification by the applicant of such persons as may be specified of the applicant’s intention to make an application;

(e) the form and content of an application;

(f) the fee, payable to the local authority, that is to accompany an application and the provision of different fees to accompany applications in respect of different events or classes of events prescribed under subsection (2) of section 478;

(g) the plans, documents and information to be submitted with an application;

(h) the persons that shall be consulted in relation to an application;

(i) the making of submissions or observations within a prescribed time and the fee (if any), payable to the local authority, that is to accompany such submissions or observations;

(j) a requirement on the applicant to submit any further information, including information in relation to a European site, with respect to his or her application where required by the local authority to do so;

(k) the time within which a decision on an application shall be made;

(l) any other matter that the Minister considers appropriate.

(4) (a) Where an application for a licence is made in accordance with subsection (1), the local authority may decide to—

(i) grant the licence,

(ii) grant the licence subject to such conditions as it considers appropriate, or

(iii) refuse the licence.

(b) In considering an application for a licence under this section, the local authority shall have regard to—

(i) any information relating to the application furnished to it by the applicant in accordance with regulations made under paragraph (e), (g) or (j) of subsection (3),

(ii) any consultations in accordance with regulations made under paragraph (h) of subsection (3),

(iii) any submissions made to it in accordance with regulations made under paragraph (i) of subsection (3),

(iv) whether events have previously been held on the land concerned,

(v) the matters referred to in subsection (5), and

(vi) any guidelines or codes of practice issued under section 480 by the Minister or by any other Minister of the Government.

(5) Without prejudice to the generality of paragraph (a) of subsection (4), but subject to subsection (6), conditions subject to which a licence is granted may relate to all or any of the following:

(a) compliance with any guidelines or codes of practice issued by the Minister or any other Minister of the Government, or with any provisions of those guidelines or codes of practice;

(b) securing the safety of persons at the place in connection with the event;

(c) the provision of adequate facilities for the health and welfare of persons at the place in connection with the event, including the provision of sanitary facilities;

(d) the protection of the environment in which the event is to be held, including the control of litter;

(e) the maintenance of public order;

(f) the avoidance or minimisation of disruption to the neighbourhood in which the event is to take place;

(g) ensuring the provision of adequate means of transport (including public transport) to and from the place in which the event is to be held;

(h) the number of events which are permitted at the venue within a specified period not exceeding one year;

(i) the payment of a financial contribution to the local authority of a specified amount or an amount calculated on a specified basis towards the estimated cost to the local authority of measures taken by the local authority in connection with the event;

(j) the payment of a financial contribution to a person consulted in accordance with regulations made under paragraph (h) of subsection (3) of a specified amount, or an amount calculated on a specified basis, towards the estimated cost to that person of measures taken by the person in connection with the event;

(k) maintaining public liability insurance;

(l) the display of a notice for persons attending the event as to their obligations and required conduct at the event.

(6) Conditions referred to in paragraphs (i) or (j) of subsection (5) requiring the payment of a financial contribution may relate only to an event that is held wholly or mainly for profit.

(7) A person shall not be entitled solely by reason of a licence under this section to hold an event.

480. Codes of practice in relation to events

480. (1) The Minister or any other Minister of the Government may draw up and issue a code of practice for the purpose of providing practical guidance with respect to any of the requirements of this Part.

(2) The Minister or any other Minister of the Government, as appropriate, shall, before issuing a code of practice under this section, consult any other Minister of the Government, or other person, that appears to that Minister to be appropriate.

481. Service of notice in relation to events

481. (1) Where a local authority has reason to believe that a person is holding or likely to hold in the functional area of the local authority an event—

(a) without a licence, or

(b) in contravention of the terms of such a licence,

the authority may serve a notice under this section on the person.

(2) A notice under this section may require the person on whom it is served to comply with any or all of the following requirements:

(a) that he or she immediately cease the event to which the notice relates;

(b) that he or she immediately cease or alter any preparations which have been or are being made in relation to the event to which the notice relates;

(c) that he or she remove, within a specified time, any temporary buildings, structures, plant, machinery or other materials from land that the local authority believes is being or is intended to be used as the location of the event to which the notice relates;

(d) that he or she restore, within a specified time, the land on which the local authority believes the event to which the notice relates is being held or intended to be held to its condition before the event, or preparations made or being made for the event, took place.

(3) A person who fails to comply with the requirements of the notice served under subsection (1) shall be guilty of an offence.

482. General obligations with regard to safety at events

482. (1) A person to whom a licence is granted shall take such care as is reasonable in the circumstances to ensure that members of the public who are on the land in connection with the event concerned do not suffer injury or damage by reason of any danger arising out of the event or associated activities, having regard to—

(a) the care that a member of the public who is attending the event may reasonably be expected to take for his or her own safety, and

(b) the extent of the supervision and control that may be exercised by a member of the public over the activities of another member of the public where such members of the public are attending the event in each other’s company.

(2) It shall be the duty of every person being on the land in connection with an event to conduct himself or herself in such a way as to ensure that, as far as is reasonably practicable, any person on the land is not exposed to danger as a consequence of any act or omission of his or hers.

483. Powers of inspection in connection with events

483. (1) An authorised person or a member of the Garda Síochána shall be entitled at all reasonable times to enter and inspect any land or any structure for any purpose connected with this Part.

(2) Without prejudice to the generality of subsection (1), an authorised person or member of the Garda Síochána shall, in the performance of his or her functions under subsection (1), be entitled to—

(a) require the person in control of the land or structure concerned to—

(i) inform him or her of any matter which the authorised person or member considers to be relevant, or

(ii) provide such plans, documentation or other information as are necessary to establish that the requirements of this Part and any regulations made under this Part or any licence or any conditions to which the licence is subject are being complied with,

(b) take with him or her on to land, such persons and equipment as he or she considers necessary, and

(c) carry out such tests, or to do such other things, which he or she considers necessary for the purpose referred to in subsection (1).

(3) A person who—

(a) refuses to allow an authorised person or a member of the Garda Síochána to enter any land or structure in exercise of his or her powers under this section,

(b) obstructs or impedes an authorised person or member of the Garda Síochána in exercise of his or her powers under this section, or

(c) wilfully or recklessly gives, either to an authorised person or member of the Garda Síochána, information which is false or misleading in a material respect,

shall be guilty of an offence.

(4) An authorised person shall, if requested to do so by any person, produce written evidence of his or her authorisation by a local authority for the purposes of this Part.

(5) In this section “authorised person” means a person authorised for the purposes of this Part by a local authority to perform the functions of an authorised person under this Part.

484. Limitation of civil proceedings

484. (1) No action or other proceeding shall lie or be maintainable against—

(a) the Minister,

(b) a local authority,

(c) any officer or employee of, or any person engaged by, a local authority, or

(d) a member of the Garda Síochána,

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 to perform any function conferred or imposed on the local authority by or under this Part.

(2) A person shall not be entitled to bring any civil proceedings pursuant to this Part by reason only of the contravention of any provision of this Part, or of any regulations made thereunder otherwise than by way of Part 9 judicial review proceedings within the meaning of section 278.

485. Consequential provisions for offences

485. (1) A local authority that grants a licence may revoke it if the person to whom the licence is granted is convicted of an offence under this Part.

(2) Proceedings for an offence under this Part may be brought by the local authority in whose functional area the offence is committed.

486. Holding of event by local authority

486. (1) A local authority shall hold an event only in accordance with this section and regulations made under it.

(2) The Minister may prescribe the requirements to be complied with by a local authority in holding an event under subsection (1), which may include any or all of the following:

(a) the publication by the local authority of a notice with respect to the event it proposes to hold under subsection (1) (in this section referred to as a “proposed event”);

(b) the notification or consultation by the local authority of any specified person or persons;

(c) the making available for inspection, by members of the public, of documents, particulars, plans or other information with respect to the proposed event;

(d) the making of submissions with respect to a proposed event to the local authority within a specified period of time;

(e) other matters in relation to a proposed event that the Minister considers appropriate.

(3) (a) Where a period of time stands prescribed under paragraph (d) of subsection (2), the chief executive of a local authority in which the proposed event is to take place shall, after the expiration of that period, prepare a written report in relation to the proposed event and submit the report to the members of the local authority.

(b) A report prepared in accordance with paragraph (a) shall—

(i) specify the proposed event,

(ii) specify the conditions to which it is proposed that the holding of the proposed event will be subject,

(iii) list the persons who made submissions with respect to the proposed event in accordance with regulations under subsection (2),

(iv) summarise the issues raised in any such submissions or observations and state the response of the chief executive to them, and

(v) recommend whether or not the proposed event should be held.

(c) The members of the local authority shall, as soon as practicable after a report is submitted to them under paragraph (a), consider the proposed event and the report.

(d) Following the consideration of the chief executive’s report under paragraph (c), the proposed event may be carried out as recommended in the chief executive’s report, unless the members of the local authority, by resolution, decide to vary or modify the event, otherwise than as recommended in the chief executive’s report, or decide not to proceed with the event.

(e) A resolution under paragraph (d) shall be passed not later than 6 weeks after receipt of the chief executive’s report by the members of the local authority.

(4) A reference in this section to a condition is a reference to any condition that may be imposed under subsection (4) of section 479.

487. Fairground equipment certificate of safety

487. (1) Subject to any regulations made under paragraph (b) of subsection (3), a person who organises a funfair or owns fairground equipment shall not make available for use by the public any fairground equipment unless a valid certificate of safety has been granted in respect of the equipment in accordance with regulations made under subsection (2).

(2) The Minister shall make regulations in respect of applications for, and the grant of, a certificate of safety for fairground equipment (in this Part referred to as a “certificate of safety”), which regulations may prescribe any or all of the following:

(a) the form and manner in which an application for a certificate of safety is to be made;

(b) the documents and supporting information necessary to accompany an application for a certificate of safety;

(c) the fee (if any) that is to accompany an application for a certificate of safety;

(d) the class or classes of persons who are entitled to grant certificates of safety;

(e) the matters to be taken into account by the persons referred to in paragraph (d) in determining whether or not to grant a certificate of safety;

(f) the technical and safety standards applicable to the examination of fairground equipment, that shall be used by the persons referred to in paragraph (d) in determining whether or not to grant a certificate of safety;

(g) the procedure to be followed by the persons referred to in paragraph (d) following a determination of whether or not to grant a certificate of safety;

(h) the period of validity of a certificate of safety;

(i) any other matter that the Minister considers to be necessary or expedient in relation to an application for, or the grant of, a certificate of safety.

(3) The Minister may, having regard to the interests of public safety, prescribe—

(a) fairground equipment or a class of fairground equipment for the purposes of this Part, or

(b) a class of fairground equipment that is to be exempt for the purposes of this Part.

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

488. Transfer of certificate of safety

488. A person who owns fairground equipment shall, on the sale of such equipment, transfer the relevant certificate of safety in respect of that equipment to the purchaser of the fairground equipment.

489. Notice to organise funfair

489. (1) Subject to subsection (3), a person who intends to organise a funfair shall give 2 weeks’ notice (or such other period of notice as may be prescribed) in writing to the local authority in whose functional area the funfair is to be held.

(2) The notice referred to in subsection (1) shall be accompanied by a valid certificate of safety in respect of the fairground equipment to be used at the funfair and shall give details of—

(a) the names of the organiser of the funfair,

(b) the person who owns fairground equipment to be used at the funfair,

(c) the location at which the funfair is to be held, and

(d) the dates on which the funfair is to be held.

(3) Subsection (1) shall not apply to a person who intends to organise a funfair where the operation of the funfair equipment that is at the funfair is authorised by a permission under Part 4, Part III of the Act of 2000, or is not otherwise an unauthorised use.

490. Local authority notice

490. (1) Where a local authority has reason to believe that a funfair is taking place, or is likely to take place in its functional area, other than in compliance with section 487 or 489, the local authority may serve a notice on any person it believes to be holding, organising or otherwise materially involved in the organisation of the funfair, or that it has reason to believe is otherwise responsible for the non-compliance.

(2) A notice under subsection (1) may require the person on whom the notice is served to comply with any or all of the following requirements:

(a) that he or she immediately cease, or cease within a specified time, any activity or any preparations that are being made in relation to the funfair;

(b) that he or she immediately cease using any fairground equipment in respect of which a valid certificate of safety is not in force;

(c) that he or she remove, within a specified time, any fairground equipment, temporary buildings or structures, plant, machinery or similar equipment that the local authority believes is intended to be used in relation to the funfair;

(d) that he or she restore the land on which the funfair is held or is proposed to be held to its prior condition within a specified time.

(3) Where a person who is served with a notice under subsection (1) fails to comply with the requirements of the notice—

(a) the person shall be guilty of an offence, and

(b) the local authority that served the notice may, through its employees or agents—

(i) give effect to the terms of the notice, and

(ii) to the extent necessary to give effect to the terms of the notice, enter on the land concerned,

and may recover the expenditure reasonably incurred by it in so doing from the person as a simple contract debt in any court of competent jurisdiction.

(4) A person who obstructs or impedes a local authority in the performance of its functions under subsection (3) shall be guilty of an offence.

491. General obligations with regard to funfairs

491. (1) A person who organises a funfair or owns fairground equipment that is used at a funfair shall take such care as is reasonable in the circumstances to ensure that members of the public who are on the land in connection with the funfair concerned do not suffer injury or damage by reason of any danger arising out of the funfair or associated activities, having regard to—

(a) the care that a member of the public who is attending the funfair may reasonably be expected to take for his or her own safety, and

(b) the extent of the supervision and control that may be exercised by a member of the public over the activities of another member of the public where such members of the public are attending the funfair in each other’s company.

(2) It shall be the duty of every person being on the land in connection with a funfair to conduct himself or herself in such a way as to ensure that, as far as is reasonably practicable, any person on the land is not exposed to danger as a consequence of any act or omission of his or hers.

492. Exclusion of events and funfairs from planning control

492. (1) Subject to subsection (2), the holding of an event to which this Part applies, and works directly or solely relating to the holding of such an event, shall not be construed as development within the meaning of this Act.

(2) (a) Notwithstanding sections 478 and 487, this Part shall not affect the validity of any planning permission granted under Part III of the Act of 2000 for the holding of an event or for a funfair.

(b) Where a planning permission referred to in paragraph (a) has been granted for the holding of an event in respect of land, a licence under this Part shall be required for the holding of any event on the land concerned other than the event referred to in the permission.

493. Licences under Part XVI of Act of 2000

493. A licence granted under Part XVI of the Act of 2000 in force immediately before the repeal of that Part by section 6 shall remain in force and have effect on and after that repeal as if granted under this Part.

PART 17 An Coimisiún Pleanála

Chapter 1

494. Definitions

494. In this Part—

“appeal”, other than in subsection (2) of section 513, has the meaning it has in section 358;

“application” means an application to the Commission referred to in section 358, a submission of a scheme for approval under section 49 of the Roads Act 1993, an application for approval under section 51 of the Roads Act 1993 or an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001;

“chief executive officer” has the meaning it has in subsection (1) of section 500;

“civil servant” has the meaning it has in the Civil Service Regulation Act 1956;

“code of conduct” has the meaning it has in subsection (1) of section 501;

“Committee of Public Accounts” means the committee of Dáil Éireann established under the standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;

“inspector” means a person assigned to report on any matter on behalf of the Commission under section 376;

“public servant” means a person who is, or was formerly, a member of staff of—

(a) a local authority, or

(b) a body established—

(i) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

(ii) under the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

and in respect of which a pre-existing public service pension scheme exists or applies or may be made or in respect of which the Single Public Service Pension Scheme is applicable;

“referral” has the meaning it has in section 358;

“relevant Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas to which has been duly assigned the role of examining matters relating to the environment and planning (other than the Committee of Public Accounts or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-committee of the first-mentioned Committee;

“request” has the meaning it has in section 358.

Chapter 2

495. An Coimisiún Pleanála

495. (1) The body referred to in subsection (1) of section 102 of the Act of 2000 (the name of which, immediately before the commencement of this section, was An Bord Pleanála) shall, on and after the commencement of this section—

(a) continue in being, and

(b) stand renamed as An Coimisiún Pleanála (in this Act referred to as the “Commission”).

(2) The Commission shall consist of—

(a) the Governing Board, and

(b) in the Irish language, the Coimisinéirí Pleanála or, in the English language, the Planning Commissioners (in this Act referred to as “the Planning Commissioners”).

(3) References in any enactment, legal proceedings or document to An Bord Pleanála shall, on and after the commencement of this section, be construed as references to An Coimisiún Pleanála.

(4) The chairperson of An Bord Pleanála in office under the Act of 2000 immediately before the date of commencement of this section shall, on and from that date, stand appointed as the chief executive officer of the Commission, in accordance with the terms and conditions of his or her appointment, as in force immediately before that date, under the Act of 2000.

(5) The deputy chairperson and any other member of An Bord Pleanála in office under the Act of 2000 immediately before the date of commencement of this section shall, on and from that date, continue in office as Deputy Chief Planning Commissioner and an ordinary planning commissioner of the Commission respectively, in accordance with the terms and conditions of his or her appointment, as in force immediately before that date, under the Act of 2000.

496. Commission to be body corporate

496. (1) The Commission shall be a body corporate with perpetual succession and a seal and power to sue, and may be sued, in its corporate name and may acquire, hold and dispose of land or an interest in land, and may acquire, hold and dispose of any other property.

(2) The seal of the Commission shall be authenticated by the signature of the Chief Planning Commissioner, Deputy Chief Planning Commissioner, an ordinary planning commissioner, a member of the Governing Board, the chief executive officer or another member of the staff of the Commission who is authorised by the Commission to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by the Commission and to be sealed with the seal of the Commission (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.

(4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act in that behalf.

(5) The Commission shall have all such powers as are necessary or expedient for the performance of its functions.

(6) The Commission shall be independent in the performance of its functions.

Chapter 3

497. Governing Board

497. (1) The Commission shall have a board (in this Act referred to as the “Governing Board”).

(2) The Governing Board shall perform its functions under this Act or any other enactment, including any function of the Commission assigned to the Governing Board by order under subsection (4).

(3) The Governing Board shall—

(a) review and guide the strategic direction of the Commission,

(b) review and oversee the implementation of major plans of action, risk management policies and procedures, annual budgets, and business plans of the Commission,

(c) set the performance objectives of the Commission, and monitor the attainment of those objectives by the Commission, and

(d) approve and oversee significant capital expenditure by, and investment decisions of, the Commission.

(4) Subject to subsection (5), the Minister may, by order, assign a function of the Commission under this Act or any other enactment that is, in accordance with paragraph (a) of subsection (2) of section 505, to be performed by the Planning Commissioners, to the Governing Board.

(5) A function of the Commission to consider and determine an appeal, application, referral or request under this Act, or any other enactment, referred to in paragraph (b) of subsection (2) of section 505 shall not be assigned to the Governing Board under subsection (4).

(6) The Governing Board shall consist of at least 5, and not more than 9, members (including a chairperson).

(7) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Governing Board, there is an equitable balance between men and women.

(8) The Governing Board may delegate the performance of any of its functions, on such terms and conditions as it considers appropriate, to the chief executive officer, and may revoke such a delegation as it considers appropriate.

(9) The chief executive officer shall be accountable to the Governing Board for the performance of a function delegated to him or her under subsection (8).

(10) A function delegated under subsection (8) continues to be vested concurrently in the Governing Board and is capable of being performed by either the Governing Board or the chief executive officer.

(11) For the purpose of discharging its functions, the Governing Board shall regularly meet with the chief executive officer and the Chief Planning Commissioner.

(12) The Governing Board may request a Planning Commissioner to attend before it, and where so requested the Planning Commissioner shall so attend and shall give such information to the Governing Board as it may require.

498. Appointment and terms and conditions of members of Governing Board

498. (1) The Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint the members (including a chairperson) of the Governing Board.

(2) The Minister shall, as he or she considers necessary, request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person or persons who it is satisfied is or are suitable for appointment to be a member of the Governing Board.

(3) The Public Appointments Service shall, when requested to do so under subsection (2), hold a selection process and recommend to the Minister such person or persons who it is satisfied is or are suitable for appointment and provide the Minister with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends.

(4) The Minister shall ensure that each of the members of the Governing Board is a person who, in the opinion of the Minister, has sufficient experience of legal, corporate governance or management matters, or other relevant expertise, to enable that person to perform effectively his or her functions as a member of the Governing Board.

(5) The Minister may, prior to the date of the commencement of section 495, designate persons to be the first members of the Governing Board and, from among those persons so designated, one of their number to be the first chairperson.

(6) If, immediately before the date of the commencement of section 495, a person stands designated under subsection (5), the person shall, on that day, stand appointed as a member of the Governing Board or as both such member and the chairperson, as the case may be.

(7) A Planning Commissioner shall not be appointed to the Governing Board.

(8) A member of the Governing Board shall hold office for a term of 5 years from the date of his or her appointment.

(9) A member of the Governing Board whose term of office expires shall be eligible for reappointment to the Governing Board.

(10) A person who is reappointed to be a member of the Governing Board shall not hold office for periods the aggregate of which exceeds 10 years.

(11) A member of the Governing Board shall hold office on such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(12) There shall be paid by the Commission to each member of the Governing Board such remuneration and allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(13) A member of the Governing Board may resign his or her office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice.

(14) A member of the Governing Board shall be ineligible to be a member, and cease to be a member, where he or she—

(a) subject to subsection (15), is adjudicated bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted of an indictable offence in relation to a company or other body corporate,

(d) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(e) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(f) has a declaration under section 819 of the Companies Act 2014 made against him or her, or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(g) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

(15) A person shall be ineligible for appointment as a member of the Governing Board under paragraph (a) of subsection (14) only for so long as the bankruptcy is not discharged or annulled.

(16) A member of the Governing Board may be removed from office by the Minister if—

(a) he or she has become incapable through ill-health of effectively performing his or her functions,

(b) he or she has committed stated misbehaviour, or

(c) his or her removal appears to the Minister to be necessary for the effective performance by the Governing Board of its functions.

499. Meetings of Governing Board

499. (1) The Governing Board shall hold such and so many meetings as may be necessary for the due performance of its functions, but in each year shall hold not less than one meeting in each period of 3 months.

(2) The Governing Board may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time.

(3) The chairperson of the Governing Board shall fix the date, time and, subject to subsection (2), place of the first meeting of the Governing Board.

(4) The quorum for a meeting of the Governing Board shall be 3.

(5) At a meeting of the Governing Board—

(a) the chairperson of the Governing Board shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson is not present, or if the office of chairperson of the Governing Board is vacant, the members of the Governing Board who are present shall choose one of their number to act as the chairperson of the meeting.

(6) Each member of the Governing Board present at a meeting of the Governing Board shall have a vote.

(7) At a meeting of the Governing Board, a question on which a vote is required shall be determined by a majority of the votes of the members of the Governing Board present and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(8) Subject to this Act, the Governing Board may determine its own procedures.

(9) Subject to subsection (4), the Governing Board may act notwithstanding one or more vacancies in its membership.

500. Chief executive officer

500. (1) There shall be a chief executive officer of the Commission (in this Part referred to as as the “chief executive officer”) who shall (other than where he or she stands appointed under subsection (4) of section 495 or subsection (10)) be appointed by the Governing Board on such terms and conditions as the Governing Board may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(2) There shall be paid by the Commission to the chief executive officer such remuneration and allowances for expenses as the Governing Board may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(3) The Governing Board shall, as it considers appropriate, for the purpose of filling a vacancy or anticipated vacancy in the office of chief executive officer, request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person or persons who it is satisfied is or are suitable for appointment under subsection (1).

(4) The Public Appointments Service shall, when requested to do so under subsection (3), hold a selection process and recommend to the Governing Board such person or persons who it is satisfied is or are suitable for appointment as chief executive officer, and provide the Governing Board with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends.

(5) The Governing Board shall, with the consent of the Minister, appoint, from among the persons recommended under subsection (4), a person to be the chief executive officer.

(6) The chief executive officer shall hold office for such period, not exceeding 5 years, from the date of his or her appointment, as the Governing Board shall determine.

(7) A chief executive officer whose term of office expires shall be eligible for reappointment by the Governing Board, provided that he or she is or was, at the time of his or her re-appointment, the outgoing chief executive officer.

(8) A person who is reappointed by the Governing Board in accordance with subsection (7) shall not hold office for periods the aggregate of which exceeds 10 years.

(9) Where the office of the chairperson of An Bord Pleanála is vacant immediately before the date of commencement of section 495, the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may before that date designate a person to be appointed the first chief executive officer on such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(10) If, on the date of the commencement of section 495, a person stands designated by the Minister under subsection (9), he or she shall, on and after that date, stand appointed as the first chief executive officer.

(11) The chief executive officer shall—

(a) in consultation with the Governing Board, carry on and manage, and control generally, the administration and business of the Commission,

(b) advise the Governing Board, and make proposals to it in relation to the performance of the Commission’s functions, (and may, for that purpose, request the Governing Board whether he or she may attend its meetings), and

(c) in consultation with the Governing Board, perform such other functions as may be delegated to him or her by the Governing Board under subsection (8) of section 497.

(12) The chief executive officer shall take all practical steps to ensure that the organisation and disposition of the staff and resources available to the Commission are such as to support it to perform its functions and, in particular, to support the Planning Commissioners in the determination of an appeal, application, referral or request efficiently and expeditiously.

(13) The chief executive officer shall, on the request of the Governing Board, attend meetings of the Governing Board and give such information to the Governing Board as it may require, and shall be entitled to speak at and advise such meetings, but shall not be entitled to vote at meetings of the Governing Board.

(14) The chief executive officer may resign his or her office by notice in writing addressed to the Governing Board and the resignation shall take effect on and from the expiry of 3 months from the date of the receipt of the notice by the Governing Board, or such earlier date as may be agreed between the chief executive officer and the Governing Board.

(15) The chief executive officer shall vacate his or her office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.

(16) The chief executive officer may be removed from office by the Governing Board, with the consent of the Minister, for stated reasons.

(17) The chief executive officer shall not hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business, without the consent of the Governing Board.

501. Code of conduct

501. (1) The Governing Board shall adopt a code (in this Part referred to as the “code of conduct”) which shall provide for—

(a) the manner in which conflicts of interest on the part of the persons referred to in subsection (2) are to be dealt with,

(b) the means by which public confidence in the integrity of the Commission in the conduct of its business is to be promoted,

(c) such matters specified in the Code of Practice for the Governance of State Bodies for the time being published by the Minister for Public Expenditure, National Development Plan Delivery and Reform as the Governing Board considers appropriate, and

(d) compliance with requirements imposed by or under this Act or any other enactment.

(2) The code of conduct shall be complied with, to the extent that the code has been applied to him or her, by—

(a) a member of the Governing Board,

(b) a Planning Commissioner,

(c) a member of the staff of the Commission (including the chief executive officer), and

(d) a person engaged under section 390.

(3) The code of conduct shall be in writing and shall, without prejudice to the generality of subsection (1), make provision for the following matters—

(a) measures to ensure the avoidance and management of conflicts of interest of persons to whom the code applies,

(b) disclosure of interests and relationships of persons to whom the code applies where the interests and relationships are of relevance to the work of the Commission,

(c) membership of persons to whom the code applies of other organisations, associations and bodies, professional or otherwise,

(d) membership of persons to whom the code applies of companies, partnerships or other bodies, or the holding by persons to whom the code applies of a financial interest in, companies, partnerships or other bodies,

(e) undertaking of work, other than work on behalf of the Commission, by persons to whom the code applies, both during and after any period of employment with the Commission, whether as a consultant, adviser or otherwise,

(f) acceptance of gifts, sponsorship, considerations or favours by persons to whom the code applies,

(g) disclosure of information concerning matters pertaining to the work of the Commission by persons to whom the code applies,

(h) the steps to be taken in the event a conflict of interest arises in the course of determining an appeal, application, referral or request,

(i) the steps to be taken to ensure that no breach of the code of conduct occurs during the course of determining an appeal, application, referral or request, and

(j) disclosure by persons to whom the code applies of any representations relating to the functions of the Commission made to such a person by a member of the public, whether in writing or otherwise.

(4) A person to whom a code applies shall not take up a position with, or hold office within, the Commission, or be engaged under section 390, except on condition that he or she shall comply with the code of conduct to the extent the code of conduct applies to him or her.

(5) The Governing Board may amend the code of conduct or adopt a new code of conduct in accordance with this section.

(6) The Governing Board shall cause a copy of the code of conduct, or an amendment to the code of conduct, to be published on a website maintained by or on behalf of the Commission within 2 weeks of its adoption by the Governing Board under subsection (1).

(7) The Governing Board shall adopt the first code of conduct under subsection (1) within 6 months of the commencement of this section.

502. Failure to comply with code of conduct

502. (1) A person may make a complaint to the chief executive officer that a member of the Governing Board, a Planning Commissioner or member of the staff of the Commission, has failed to comply with the code of conduct in so far as the code of conduct applies to that member, Planning Commissioner or member of the staff.

(2) Subject to subsections (7) and (8), where the chief executive officer has formed the view that there exists prima facie evidence that a member of the Governing Board, a Planning Commissioner or a member of the staff of the Commission has failed to comply with a code of conduct, or is satisfied that such evidence exists arising from the making of a complaint under subsection (1), the chief executive officer may—

(a) inform the member of the Governing Board, Planning Commissioner or member of the staff of the evidence or complaint, where appropriate, and

(b) investigate the matter, including by requiring the member of the Governing Board, Planning Commissioner or member of the staff to attend before the chief executive officer for interview and to provide the chief executive officer with such information as the chief executive officer may require.

(3) Where the chief executive officer conducts an investigation under subsection (2) he or she may report the result of the investigation to the Minister where he or she considers it appropriate to do so.

(4) Where the chief executive officer conducts an investigation under subsection (2), he or she may request the Minister to direct that a member of the Governing Board or Planning Commissioner the subject of the investigation not exercise his or her functions under this Act until the outcome of the investigation has been determined, and the Minister may give such a direction.

(5) A member of the Governing Board or Planning Commissioner who receives a direction under subsection (4) shall comply with the direction.

(6) Where the Minister is satisfied that a member of the Governing Board or Planning Commissioner has breached the code of conduct, he or she may take such action in relation to the member of the Governing Board or Planning Commissioner as he or she considers appropriate.

(7) The Minister may direct the chief executive officer to conduct an investigation under this section, where he or she considers that a member of the Governing Board or a Planning Commissioner may have failed to comply with the code of conduct in so far as the code of conduct is applied to the member of the Governing Board or Planning Commissioner, and the chief executive officer shall comply with such a direction and this section shall apply accordingly.

(8) Where a person makes a complaint under subsection (1) that the chief executive officer has failed to comply with the code of conduct, the chief executive officer shall refer the complaint to the Chief Planning Commissioner and subsections (2) and (3) shall apply accordingly, subject to the modification that references to the chief executive officer shall be construed as references to the Chief Planning Commissioner.

503. Approval by Governing Board of decision-making procedures

503. (1) The chief executive officer shall, following consultation with the Chief Planning Commissioner or Deputy Chief Planning Commissioner, as appropriate, prepare procedures (which shall be subject to this Act and any other enactment) to be followed by the Planning Commissioners (and inspectors) when performing their functions.

(2) The procedures prepared under subsection (1) shall be approved by the Governing Board, with such modification as it considers appropriate, and shall not have effect until they are so approved.

(3) The chief executive officer shall publish the procedures approved by the Governing Board under subsection (2) on a website maintained by or on behalf of the Commission, and shall make a copy of the procedures available for inspection at the Commission’s offices.

(4) Procedures approved under subsection (2) may include any procedure the Governing Board, in consultation with the chief executive officer, Chief Planning Commissioner or Deputy Chief Planning Commissioner, considers necessary for the efficient performance by the Planning Commissioners (and inspectors) of their functions or for the effectiveness of decision-making by the Planning Commissioners.

(5) Without prejudice to the generality of subsection (4), the procedures approved under subsection (2) shall, in particular, make provision for the following—

(a) the process by which an appeal, application, referral or request shall be dealt with by the Commission once received,

(b) the process by which appeals, applications, referrals or requests shall be assigned to particular Planning Commissioners to present to meetings of Planning Commissioners,

(c) the process by which Planning Commissioners shall be assigned to particular divisions,

(d) the process by which inspectors shall be assigned to report or advise on an appeal, application, referral or request,

(e) the steps to be taken to ensure that any inspector assigned to report or advise on an appeal, application, referral or request acts independently of the Planning Commissioners when making any recommendation under section 376,

(f) subject to section 512, the conduct of meetings by the Planning Commissioners, including the conduct of meetings by any means of communication by which all of the Planning Commissioners and other persons participating can hear and be heard at the same time, and

(g) the recording, including where considered appropriate by electronic means, of all engagements between the Planning Commissioners and an inspector and of any decisions by the Planning Commissioners in relation to an appeal, application, referral or request.

(6) Procedures approved under subsection (2) shall be reviewed by the chief executive officer in consultation with the Chief Planning Commissioner or Deputy Chief Planning Commissioner, as appropriate, at least annually.

(7) The Governing Board may approve amendments to, or revocations of, procedures approved under subsection (2), and the chief executive officer shall publish the amendment, or the fact of the revocation, on a website maintained by or on behalf of the Commission and, in the case of an amendment, make a copy of the amendment available for inspection at its offices.

(8) The chief executive officer shall publish, in accordance with subsection (3), the first procedures approved under subsection (2) within 6 months of the commencement of this section.

504. Review of performance of Commission by Governing Board

504. (1) The Governing Board shall supply the Minister with such information relating to the performance of the Commission’s functions as he or she may request.

(2) The Governing Board, or the chief executive officer on the request of the Governing Board, shall conduct, at such intervals as it considers appropriate or at such times as the Minister directs and, in any event, not less than once every 3 years, a review of the Commission’s organisation and of the systems and procedures used by the Commission in relation to the consideration and determination of appeals, applications, referrals or requests.

(3) The Governing Board shall report to the Minister the results of the review conducted under subsection (2).

(4) The Governing Board shall comply with any requirement which the Minister may, after consultation with the Governing Board as regards the results referred to in subsection (3), impose in relation to all or any of the matters which were the subject of the review.

(5) The Governing Board may make submissions to the Minister as regards any matter pertaining to the Commission’s functions.

(6) The Minister may consult with the Governing Board as regards any matter pertaining to the performance of—

(a) the functions of the Commission, or

(b) the functions conferred on the Minister by or under this Act or by or under any other enactment.

(7) A direction given under subsection (2) of section 109 of the Act of 2000 that, immediately before the repeal of that subsection by section 6, had not yet been complied with shall be deemed to have been given under subsection (2).

Chapter 4

505. Planning Commissioners

505. (1) The Planning Commissioners shall be composed of—

(a) the Chief Planning Commissioner,

(b) the Deputy Chief Planning Commissioner, and

(c) subject to subsection (2) of section 509, and subsections (3) and (6) of this section, 13 ordinary planning commissioners.

(2) The Planning Commissioners shall—

(a) perform the functions of the Commission under this Act or any other enactment, save where the function is assigned to the Governing Board, by order, under subsection (4) of section 497, and

(b) in particular, consider and determine an appeal, application, referral or request required to be considered and determined by the Commission under this Act or any other enactment.

(3) The Minister may by order increase the number of ordinary planning commissioners that may be appointed above 13, where the Minister is of the opinion that the number of appeals, applications, referrals or requests being considered by the Commission necessitates the appointment of additional ordinary planning commissioners to enable the Commission to fulfil its functions.

(4) An order made under subsection (3) shall have effect for the period (which shall not exceed 5 years) specified in the order.

(5) Subject to subsection (6), where a vacancy occurs or is due to occur among the Planning Commissioners, the Minister or the Governing Board (as the case may be) shall, as soon as may be, take steps to appoint a person to fill the vacancy in accordance with this Chapter.

(6) Subject to subsections (1) and (2) of section 513, the Governing Board or the Minister, as the case may be, shall not fill a vacancy among the ordinary planning commissioners where it, or he or she, is of the opinion that the number of appeals, applications, referrals or requests being considered by the Commission, or the balance of expertise existing among the Planning Commissioners, does not necessitate the filling of the vacancy to enable the Commission to fulfil its functions.

(7) The Planning Commissioners shall—

(a) comply with procedures approved under section 503, and

(b) be independent in the performance of their functions under this Act or any other enactment.

506. Appointment of Chief Planning Commissioner and Deputy Chief Planning Commissioner

506. (1) The Governing Board shall, following the making of a recommendation under section 508, appoint a person to be, in the Irish language, the Príomh-Choimisinéir Pleanála or, in the English language, the Chief Planning Commissioner, of the Commission (in this Act referred to as the “Chief Planning Commissioner”).

(2) Subject to subsection (5) of section 495, the Governing Board shall, following the making of a recommendation under section 508, appoint a person to be, in the Irish language, the Leas-Phríomh-Choimisinéir Pleanála or, in the English language, the Deputy Chief Planning Commissioner, of the Commission (in this Act referred to as the “Deputy Chief Planning Commissioner”).

(3) The Governing Board shall ensure, in so far as is practicable, that the Chief Planning Commissioner and Deputy Chief Planning Commissioner are persons who, in the opinion of the Governing Board, each have satisfactory experience of, or a satisfactory mix of experience and knowledge of, one or more than one of the following:

(a) infrastructure delivery;

(b) housing;

(c) physical planning;

(d) sustainable development;

(e) architecture;

(f) heritage;

(g) community affairs;

(h) social affairs;

(i) planning;

(j) the environment;

(k) the marine;

(l) climate change;

(m) law and corporate governance.

507. Appointment of ordinary planning commissioners

507. (1) Subject to subsection (5) of section 495, the Governing Board shall, following the making of a recommendation under section 508, appoint persons to be ordinary planning commissioners.

(2) The Governing Board shall ensure, in so far as is practicable, that—

(a) the ordinary planning commissioners are persons who, in the opinion of the Governing Board, have satisfactory experience of, or a satisfactory mix of experience and knowledge of, one or more than one of the following:

(i) infrastructure delivery;

(ii) housing;

(iii) physical planning;

(iv) sustainable development;

(v) architecture;

(vi) heritage;

(vii) community affairs;

(viii) social affairs;

(ix) planning;

(x) environment;

(xi) the marine;

(xii) climate change;

(xiii) law and corporate governance,

and

(b) there is an equitable balance between men and women amongst the ordinary planning commissioners.

508. Recommendation of candidates for appointment to be Planning Commissioners

508. (1) The Governing Board shall, as it considers necessary for the purpose of filling a vacancy or anticipated vacancy among the Planning Commissioners, request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person who it is satisfied is suitable for appointment as a Planning Commissioner.

(2) For the purpose of the selection process referred to in subsection (1), the Public Appointments Service shall, in particular—

(a) invite applications from suitably qualified persons for appointment as Chief Planning Commissioner, Deputy Chief Planning Commissioner, or an ordinary planning commissioner, as the case may be,

(b) prepare a panel of candidates, in accordance with an order of merit (or sub-panels of candidates relevant to particular areas of expertise) suitable for appointment as Chief Planning Commissioner, Deputy Chief Planning Commissioner or ordinary planning commissioner, having regard to the knowledge, experience, qualifications and personal qualities appropriate to enable a person effectively to perform the functions of Chief Planning Commissioner, Deputy Chief Planning Commissioner or ordinary planning commissioner, as the case may be, and

(c) make a recommendation regarding which of the candidates on the panel the Governing Board should appoint as Chief Planning Commissioner or Deputy Chief Planning Commissioner under section 506, or as an ordinary planning commissioner under section 507, as the case may be.

(3) Notwithstanding the repeal of section 106 of the Act of 2000 by section 6, a panel of candidates prepared under that section of the Act of 2000 immediately before the repeal shall be considered, after the repeal, to be a panel for the purpose of paragraph (b) of subsection (2).

509. Temporary appointment of Planning Commissioners by Minister

509. (1) Notwithstanding sections 506 and 508, where the office of Chief Planning Commissioner or Deputy Chief Planning Commissioner is vacant and the Minister, following consultation with the Governing Board, is of the opinion that a Chief Planning Commissioner or Deputy Chief Planning Commissioner should be appointed as a matter of urgency due to the number of appeals, applications, referrals or requests being considered by the Commission, the Minister may, subject to subsection (3), appoint a suitably qualified civil servant or public servant to be the Chief Planning Commissioner or the Deputy Chief Planning Commissioner for a specified term.

(2) Notwithstanding sections 507 and 508, where the Minister, following consultation with the Governing Board, is of the opinion that an ordinary planning commissioner should be appointed, whether to fill a vacancy in the number of ordinary planning commissioners referred to in paragraph (c) of subsection (1) of section 505 or under subsection (3) of section 505, or in addition to the number of ordinary planning commissioners specified in paragraph (c) of subsection (1) of section 505 or under subsection (3) of section 505, as a matter of urgency, due to the number of appeals, applications, referrals or requests being considered by the Commission, the Minister may, subject to subsection (3), appoint a suitably qualified civil servant or public servant to be an ordinary planning commissioner for a specified term.

(3) A person shall not be appointed under this section for a term in excess of 12 months, and a term of appointment under this section shall be considered a period in office for the purposes of subsection (4) of section 510.

510. Terms and conditions of Planning Commissioners

510. (1) A Planning Commissioner shall not at any time during his or her term of office hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business, which would, in the opinion of the chief executive officer, cause a conflict of interest to arise with his or her position as a Planning Commissioner.

(2) Subject to subsection (3) of section 509, a Planning Commissioner shall hold office for a period, determined by the Governing Board, not exceeding 5 years from the date of the Planning Commissioner’s appointment.

(3) A Planning Commissioner whose term of office expires shall be eligible for reappointment provided that he or she is or was, at the time of his or her re appointment, an outgoing Planning Commissioner.

(4) A person who is reappointed as a Planning Commissioner, shall not hold office as a Planning Commissioner for periods the aggregate of which exceeds 10 years.

(5) A Planning Commissioner shall hold office on such terms and conditions as the Governing Board may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(6) There shall be paid by the Commission to each Planning Commissioner such remuneration and allowances for expenses as the Governing Board may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(7) A Planning Commissioner may resign his or her office by notice in writing addressed to the Governing Board, and the resignation shall take effect on and from the expiry of 3 months from the date of the receipt of the notice by the Governing Board, or such earlier date as may be agreed between the Planning Commissioner and the Governing Board.

(8) A Planning Commissioner shall vacate his or her office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.

(9) A person shall be ineligible for appointment as a Planning Commissioner, and cease to be a Planning Commissioner if he or she—

(a) subject to subsection (10), is adjudicated bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted of an indictable offence in relation to a company or other body corporate,

(d) is convicted of an offence under section 523 or is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(e) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(g) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

(10) A person shall be ineligible for appointment as a Planning Commissioner under paragraph (a) of subsection (9) only for so long as the bankruptcy is not discharged or annulled.

(11) A Planning Commissioner may be removed from office, or suspended, by the Minister, on the recommendation of the Governing Board, following consultation with the chief executive officer or Chief Planning Commissioner (or the Deputy Chief Planning Commissioner if the Planning Commissioner in question is the Chief Planning Commissioner) if—

(a) he or she has become incapable through ill-health or otherwise of effectively performing his or her functions,

(b) he or she has committed stated misbehaviour, or

(c) he or she has failed to comply with the code of conduct to the extent that it applies to him or her.

511. Chief Planning Commissioner and Deputy Chief Planning Commissioner to ensure efficient performance of functions of Planning Commissioners

511. (1) The Chief Planning Commissioner and the Deputy Chief Planning Commissioner shall each have the function of ensuring the efficient performance by the Planning Commissioners of their functions.

(2) The Deputy Chief Planning Commissioner shall perform the function first referred to in subsection (1) under the overall direction of the Chief Planning Commissioner (unless the Chief Planning Commissioner is, due to illness or any other reason, not available or the office of Chief Planning Commissioner is vacant, in which case the Deputy Chief Planning Commissioner shall perform the function without such direction).

(3) The Chief Planning Commissioner may assign to the Deputy Chief Planning Commissioner or an ordinary planning commissioner the performance of any task or any other responsibility necessary to ensure the best or most efficient performance of the functions of the Planning Commissioners.

(4) The Chief Planning Commissioner or the Deputy Chief Planning Commissioner shall provide the chief executive officer with such information in relation to the efficiency of the performance by the Planning Commissioners of their functions, and at such intervals, as may be requested by the chief executive officer.

512. Meetings of Planning Commissioners

512. (1) The Planning Commissioners shall hold such and so many meetings as may be necessary for the performance of their functions.

(2) Each Planning Commissioner present at a meeting of the Planning Commissioners shall have a vote.

(3) At a meeting of the Planning Commissioners—

(a) the Chief Planning Commissioner shall, if present, be the chairperson of the meeting,

(b) if the Chief Planning Commissioner is not present, the Deputy Chief Planning Commissioner shall, if present, be the chairperson of the meeting, and

(c) if neither the Chief Planning Commissioner nor the Deputy Chief Planning Commissioner is present, the ordinary planning commissioners who are present shall choose one of their number to act as the chairperson of the meeting.

(4) At a meeting of the Planning Commissioners, a question relating to the performance of their functions shall be determined by a majority of votes of the Planning Commissioners present and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(5) The Governing Board shall arrange to keep a written record of all decisions of the Planning Commissioners, including the names of those present at a meeting of the Planning Commissioners at which a decision was made, and the number of those persons who vote for or against those decisions and shall, as soon as practicable after the date of the meeting, publish the record on a website maintained by or on behalf of the Commission and make it available for inspection by members of the public at the offices of the Commission.

(6) The Planning Commissioners may hold or continue a meeting by the use of any means of communication by which all of the participants can hear and be heard at the same time.

513. Quorum for meetings of Planning Commissioners

513. (1) Subject to subsection (2), a quorum for a meeting of the Planning Commissioners, or a division of them, shall be 3, or such other quorum as the Minister may prescribe.

(2) A quorum for a meeting of the Planning Commissioners, or a division of them, relating to an application for permission under Chapter 4 of Part 4, a request under Chapter 5 of that Part to alter or extend the duration of a permission under Chapter 4 of that Part, or an appeal to the Commission under subsection (8) of section 149 in relation to a decision of the planning authority to revoke or modify a permission under Chapter 4 of that Part, shall be 5, or such other quorum as the Minister may prescribe.

(3) Subject to subsections (1) and (2), the Planning Commissioners may continue to act notwithstanding a vacancy in the office of Chief Planning Commissioner or Deputy Chief Planning Commissioner or among the ordinary planning commissioners.

514. Divisions of Planning Commissioners

514. (1) Where the Governing Board considers that it is appropriate for the purposes of the efficient and expeditious conduct of the business of the Commission that the Planning Commissioners should act by divisions, it may direct that such number of divisions of the Planning Commissioners as it considers appropriate be constituted.

(2) Where a direction is given under subsection (1), the Chief Planning Commissioner shall constitute the number of divisions stated in the direction and, following consultation with the chief executive officer, shall assign to each division, as the Chief Planning Commissioner considers appropriate, the business to be transacted by it and a sufficient number of Planning Commissioners to conduct such business.

(3) The Governing Board may revoke a direction under subsection (1), and where the direction is revoked, the business of the divisions shall be assigned by the Chief Planning Commissioner, following consultation with the chief executive officer, to be transacted by the Planning Commissioners as he or she considers appropriate.

(4) Where the Chief Planning Commissioner considers that it is appropriate for the purposes of the efficient and expeditious conduct of the business of the Commission that the Planning Commissioners should act by divisions, he or she may—

(a) constitute such number of divisions as he or she considers appropriate, and

(b) assign to each division the business to be transacted by it and a sufficient number of Planning Commissioners to conduct that business.

(5) For the purpose of the business assigned to it, a division shall have all of the powers and duties of the Planning Commissioners under this Act or any other enactment, and references in this Act or any other enactment to the Planning Commissioners shall be construed as references to the division.

(6) The Chief Planning Commissioner or, in his or her absence, the Deputy Chief Planning Commissioner, or a person acting as chairperson of a meeting of a division, may, at any stage before a decision is made by a division, where he or she considers the matter to be of particular complexity or significance, transfer the consideration of any matter from the division to a meeting of all available Planning Commissioners.

(7) Where necessary in order to ensure that the business of the Commission is discharged expeditiously, the Chief Planning Commissioner, or the Deputy Chief Planning Commissioner where the office of Chief Planning Commissioner is vacant, may assign additional Planning Commissioners to a division on a temporary basis.

(8) The Commission shall publish on a website maintained by or on behalf of the Commission, and maintain at the offices of the Commission, a register of the divisions of the Commission and the Planning Commissioners assigned to each division, and the business to be transacted by each division.

515. Regulations in relation to procedures of Planning Commissioners

515. The Minister may provide by regulations for such procedures as he or she considers necessary or appropriate for the purposes of the efficient, expeditious, and transparent performance by the Planning Commissioners of their functions.

516. Amendment of permission or decision by Commission

516. (1) The Commission may authorise a Planning Commissioner to amend a permission granted by the Commission, or other decision of the Commission under this Act or any other enactment, for the purposes of—

(a) correcting a clerical error in the permission or decision,

(b) facilitating the doing of a thing pursuant to the permission or decision, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the permission or decision, or its terms as a whole, but was not expressly provided for in the permission or decision,

(c) clarifying the terms of the permission or decision, or

(d) facilitating the implementation or operation of the permission or decision,

and the Planning Commissioner shall make that amendment in accordance with the terms of the authorisation.

(2) The Commission shall not exercise the power under subsection (1) if the amendment is a material alteration of the terms of a development the subject of the permission or decision.

(3) Before the Commission decides whether to make an authorisation under subsection (1) in a particular case, the Commission may invite submissions in relation to the matter to be made to it by any person who made submissions to the Commission in relation to the permission or decision, and shall have regard to any submissions made to it on foot of that invitation.

(4) In this section “permission” includes a permission granted by An Bord Pleanála under the Act of 2000 or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 but does not include outline permission within the meaning of section 96.

Chapter 5

517. Grants to Commission

517. There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Commission in each financial year out of moneys provided by the Oireachtas, a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and after consultation with the Governing Board in relation to the Commission’s programme of expenditure for that year, may fix.

518. Accounts and audits of Commission

518. (1) The chief executive officer, in consultation with the Governing Board, shall—

(a) submit estimates of the income and expenditure of the Commission to the Minister in such form, in respect of such periods, and at such times, as may be specified by the Minister, and

(b) provide to the Minister any information which the Minister may require regarding those estimates or regarding the proposals and plans of the Commission in respect of a period specified by the Minister.

(2) The chief executive officer shall keep, in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts of moneys received and spent by the Commission, including an income and expenditure account and a balance sheet.

(3) The chief executive officer or other member of the staff of the Commission to whom duties relating to accounts have been assigned shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Commission in respect of any financial year, or other period, and shall facilitate any such examination, and the Commission shall pay to the Minister such fee for the examination as may be fixed by the Minister.

(4) The accounts of the Commission shall be signed by the chief executive officer as soon as practicable after, but not later than 3 months after, the end of the accounting period to which they relate, and shall be submitted by him or her to the Comptroller and Auditor General for audit.

(5) A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the chief executive officer and the Minister, by the Comptroller and Auditor General, as soon as practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee.

519. Accountability of chief executive officer to Committee of Public Accounts

519. (1) The chief executive officer shall, whenever required in writing to do so by the Committee of Public Accounts, give evidence to that Committee in relation to—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare or keep,

(b) the economy and efficiency of the Commission in the use of its resources,

(c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under subsection (2) of section 11 of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(3) In appearing before the Committee of Public Accounts, the chief executive officer appears as a person accountable to the Committee and not as an accounting officer.

(4) If the chief executive officer is unable to attend before the Committee of Public Accounts he or she or, in the chief executive officer’s absence, the Governing Board, may nominate a senior officer of the Commission to attend on behalf of the chief executive officer and this section shall apply to a person so nominated.

520. Accountability of chief executive officer to other Oireachtas committees

520. (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts or a Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the chief executive officer shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission.

(3) The chief executive officer shall not be required to give account before a Committee for any matter which is or has been or may be at a future date, the subject of proceedings before a court or tribunal in the State.

(4) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at the time when the chief executive officer is before it, the information shall be so conveyed in writing.

(5) Where the chief executive officer has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to the subject matter of that opinion—

(a) the chief executive officer may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the chief executive officer shall not attend before the Committee to give account for the matter that is the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2) but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the Committee to give account for the matter.

(8) The chief executive officer, in giving evidence under subsection (2), shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(9) Any evidence given under subsection (2) shall, subject to preserving confidentiality in relation to such information as is determined by the Governing Board to be commercially sensitive, relate to the policies of the Commission.

(10) If the chief executive officer is unable to attend before a Committee he or she or, in the chief executive officer’s absence, the Governing Board, may nominate a senior officer of the Commission to attend on behalf of the chief executive officer and this section shall apply to a person so nominated.

521. Statement of strategy

521. (1) The Governing Board shall, as soon as practicable after the commencement of this section and thereafter within the period of 6 months before each third anniversary of that date, prepare and submit to the Minister a strategy statement for the period of 3 years immediately following the year in which the statement is submitted.

(2) The Minister may issue a direction in writing to the Governing Board in relation to the form and manner in which a strategy statement shall be prepared under subsection (1) and the Governing Board shall comply with the direction.

(3) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1), cause a copy of the statement to be laid before each House of the Oireachtas.

(4) In this section “strategy statement” means a statement of the key objectives and outputs of the Commission, and the strategies (including the use of its resources) it intends to use to achieve those objectives and realise those outputs.

522. Annual report

522. (1) The Governing Board shall, not later than the 30th day of June in each year, prepare a report (in this section referred to as an “annual report”), which shall include—

(a) information on the performance of the Commission’s functions and its principal activities during the preceding year,

(b) the Commission’s main achievements in attaining the objectives and realising the outputs set out in the strategy statement for the time being prepared under section 521,

(c) the matters referred to in subsection (5) of section 113, subsection (9) of section 126, subsection (8) of section 147, subsection (8) of section 361, and subsection (7) of section 419,

(d) a statement of the names of the persons (if any) engaged under section 390 during the preceding year, and

(e) such other matters as the Minister may specify to the Governing Board in writing.

(2) The Chief Planning Commissioner shall, for the purpose of the preparation of the annual report and on the request of the Governing Board, provide any information requested by the Governing Board to the Governing Board.

(3) The chief executive officer shall cause a copy of the annual report to be sent to the Minister and the Minister shall, as soon as practicable thereafter, cause a copy to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee.

(4) The chief executive officer shall, at the request in writing of the relevant Oireachtas Committee, attend before it to account for matters in relation to the annual report.

523. Declaration of interests

523. (1) A relevant person shall sign and give to the Commission a declaration, in such form as may be prescribed—

(a) containing particulars in relation to each interest referred to in subsection (2), or

(b) where he or she has no such interest, stating that to be the case.

(2) Subject to subsections (4) and (5), the interests referred to in subsection (1) are—

(a) any legal or beneficial interest the relevant person has in land or a maritime site, including where the relevant person, or any nominee of his or hers, is a member of a company or other body which has an interest in land or a maritime site and, without prejudice to the foregoing, including—

(i) any interest in a contract for the purchase of land or a maritime site, whether or not a deposit or part payment has been made under the contract, and

(ii) any interest in—

(I) an option to purchase land or a maritime site, whether or not any consideration has been paid in respect of the option, or

(II) land or a maritime site in respect of which such an option has been exercised but which has not yet been conveyed,

but excluding any interest in land or a maritime site consisting of an interest in a private home (within the meaning of paragraph 1(4) of the Second Schedule to the Ethics in Public Office Act 1995) where the relevant person is the person occupying the private home,

(b) any business of dealing in or developing land or a maritime site in which the person is engaged or employed and any such business carried on by a company or other body of which he or she, or any nominee or trustee of his or hers, is a member, and

(c) any profession, business or occupation in which the person is engaged, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land or a maritime site.

(3) (a) Subject to subsections (4) and (5), a declaration under subsection (1) shall be given by a relevant person—

(i) within 28 days of the day on which he or she becomes such a person, and

(ii) thereafter, at least annually.

(b) Notwithstanding paragraph (a), a relevant person shall, where—

(i) there is a change regarding an interest contained in a declaration made under subsection (1), or

(ii) another interest referred to in subsection (2) is acquired by him or her,

give to the Commission a further declaration under subsection (1) in respect of that change or interest within 10 working days of the day on which the change occurs or the other interest is acquired.

(4) A relevant person shall not be regarded as having an interest referred to in subsection (2), if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the relevant person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Commission or in performing any function in relation to any such matter.