PART VI

Miscellaneous Provisions

44. —The following is hereby substituted for subsection (1) of section 103 of the Act of 1961 (which empowers a member of the Garda Síochána or an authorised person to deliver or affix a notice where certain offences are alleged to have been committed):

“(1) This section applies to such offences under this Act or the Dublin Transport Authority Act, 1986, as may be declared by the Minister by regulations to be offences to which this section applies.”.

45. —References in section 107 of the Act of 1961 (which obliges a person to give information on demand to a member of the Garda Síochána) to an offence under that Act shall be construed as including references to an offence under this Act.

46. —The following is hereby substituted for subsection (1) of section 115 of the Act of 1961 (which provides for penalties for false declarations, etc.):

“(1) Where a person is required by this Act or the Dublin Transport Authority Act, 1986, or by regulations or bye-laws under either of those Acts, to furnish particulars in connection with an application for the grant or issue of a licence, plate or certificate or otherwise in connection with a licence, plate, certificate or vehicle, he shall not furnish pursuant to the requirement any particulars which to his knowledge are false or in any material respect misleading.”.

47. —Regulations made by the Minister for the Environment under section 121 of the Act of 1961 (which relates to the calculation of passenger accommodation of certain vehicles) for the purpose of that Act shall also apply for the purposes of this Act.

48. —The Prices Acts, 1958 to 1972, shall not apply in relation to fares charged for public passenger transport services wholly within the Authority's functional area and fixed under sections 28 , 29 or 31 or in relation to fees or charges payable for the parking of vehicles in that area and fixed under section 36 or under section 90 of the Act of 1961.

49. — Section 7 of the Casual Trading Act, 1980 , is hereby amended—

(a) by the insertion of the following paragraph after paragraph (b) of subsection (1):

“(c) A designation or revocation under this subsection in relation to land situated in the functional area of the Dublin Transport Authority shall not be made without the prior approval of that Authority.”,

and

(b) by the insertion of the following subsection after subsection (8):

“(9) Bye-laws under subsection (8) of this section shall not be made in relation to the functional area of the Dublin Transport Authority without the prior approval of that Authority.”.

50. —(1) A bye-law made by the Authority under section 31 , 36 , 40 or 41 or under section 84, 89, 90 or 97 of the Act of 1961 which is required to be made with the consent of the Minister for the Environment shall be submitted to that Minister, in such manner as he requires, for his approval.

(2) Where a bye-law is submitted to the Minister for the Environment under subsection (1) that Minister shall (as he thinks proper) refuse to approve of the bye-law, approve thereof without modification, or make such modifications therein as he thinks proper and approve of the bye-law as so modified.

(3) A bye-law approved of by the Minister for the Environment under this section shall be published in such manner as that Minister shall require but no such bye-law shall be of any force or effect unless or until it has been submitted to and approved of by that Minister and published in accordance with this section.

(4) (a) The Authority shall consult with the Commissioner of the Garda Síochána before submitting to the Minister for the Environment under this section a bye-law made by it under section 89 or 90 of the Act of 1961 and the said Commissioner shall submit to the Authority any observations in the matter within two months of the consultation.

(b) The Authority shall when it submits a bye-law to the Minister for the Environment under this section give to the said Commissioner and the local authority concerned notice of the submission and that Minister shall consider any representations made to him by the said Commissioner or local authority in respect of the bye-law.

(c) The Minister for the Environment shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given to the said Commissioner and local authority.

(5) (a) It shall not be necessary for the Authority to consult with the local authority concerned in relation to any bye-law proposed to be made by the Authority under section 31 , 36 or 40 or under section 84, 89, 90 or 97 of the Act of 1961.

(b) It shall be necessary for the Authority to consult with the local authority concerned before any controls, restrictions or prohibitions provided in bye-laws under section 84, 89 or 90 of the Act of 1961 are applied and any representations which the local authority wishes to make in the matter shall be submitted to the Authority within two months of the consultation.

(6) The making of representations by a local authority pursuant to subsection (4) or (5) shall—

(i) where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and

(ii) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

51. —The Authority shall consult with the Commissioner of the Garda Síochána before making temporary rules under section 89 or 90 of the Act of 1961 and the said Commissioner shall submit to the Authority any observations in the matter within one month of the consultation.

52. —(1) Section 4 of the Documentary Evidence Act, 1925 , shall apply to every bye-law under this Act and every bye-law and temporary rule under the Act of 1961 made by the Authority.

(2) Section 6 (1) of the Documentary Evidence Act, 1925 , shall have effect as if there were added to the official documents mentioned therein every bye-law under this Act and every bye-law and temporary rule under the Act of 1961 made by the Authority.

53. —(1) A person guilty of an offence under section 18 , 19 or 40 shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(2) A person guilty of an offence under section 31 , 34 , 36 or 41 shall be liable on summary conviction—

(i) in the case of a first offence under that section, to a fine not exceeding £150,

(ii) in the case of a second offence under that section, or of a third or subsequent such offence other than an offence referred to in paragraph (iii), to a fine not exceeding £350,

(iii) in the case of a third or subsequent offence under that section, being a third or subsequent such offence in any period of twelve consecutive months, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence to which section 36 or 40 relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

(5) A prosecution for a summary offence under—

(a) this Act,

(b) section 82, 84, 89, 90, 97 or 101 of the Act of 1961 to which section 31 (12), 32 (1) and (2), 33 (1) and (2), 34 (10), 36 (12) and 38 (1) and (2), as the case may be, applies

may be taken by the Authority:

Provided that the Authority shall not take a prosecution for a summary offence alleged to have been committed before the commencement of section 31 , 32 , 33 , 34 , 36 or 38 , as the case may be.

(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which this section relates may be instituted within 12 months from the date of the offence.

54. —(1) (a) All fees and other sums received under this Act or bye-laws or temporary rules thereunder shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(b) The Public Offices Fees Act, 1879, shall not apply to any fees referred to in paragraph (a).

(2) All fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.