PART III

The National Roads Authority

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

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

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

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

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

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

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

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

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

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

18. —(1) (a) The Authority shall, at least once every five years, and having regard to any guidelines given by the Minister under section 41 (3) and having obtained the views of local authorities, prepare a draft plan for the construction and maintenance of national roads.

(b) The Authority shall have regard to the need for efficiency, economy and quality in the construction and maintenance of national roads and shall include an independent assessment thereof in any draft plan prepared by it under this subsection.

(2) (a) The Authority shall submit a draft plan prepared under subsection (1) to the Minister for his approval.

(b) When submitting a draft plan to the Minister the Authority shall provide information on all objections and representations received under subsection (3) and not withdrawn.

(c) The Minister may approve a draft plan, approve it with modifications, instruct that it be resubmitted to him in a modified form for approval or refuse to approve it.

(3) Before submitting a draft plan to the Minister, the Authority shall—

(a) publish in one or more newspapers a notice—

(i) stating that a draft plan has been prepared and that it is proposed to submit it to the Minister for his approval,

(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft plan may be inspected,

(iii) indicating where a copy of the draft plan may be obtained and specifying the fee (if any) for such copy (which shall be not more than the reasonable cost of making such copy),

(iv) stating that objections or representations may be made in writing to the Authority in relation to the draft plan before a specified date (which shall be not less than two weeks after the end of the period for inspection);

(b) send a copy of the draft plan to each road authority assigned responsibility for national roads under section 13 and serve a notice on each such authority stating—

(i) that a draft plan has been prepared and that it is proposed to submit it to the Minister for his approval, and

(ii) that objections or representations may be made in writing to the Authority in relation to the draft plan before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in paragraph (a));

(c) consider any objections or representations made to it under this subsection and not withdrawn and make such amendments or modifications (if any) to the draft plan as it considers appropriate.

(4) The making of objections or representations under subsection (3) (b) shall be a reserved function.

(5) The Authority shall annually review the implementation of a plan approved under subsection (2) and submit a report on such review to the Minister.

(6) In the performance of its functions, the Authority shall comply as far as possible with any plan approved under subsection (2).

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

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

(b) prepare, or arrange for the preparation of, programmes of maintenance works,

(c) prepare, or arrange for the preparation of, schemes for the provision of traffic signs,

(d) secure the carrying out of construction or maintenance works, or the provision of traffic signs,

(e) secure the provision of facilities for the parking of vehicles,

(f) allocate moneys and make payments in relation to construction or maintenance works, or in relation to any other function assigned to it by or under this Act,

(g) with the approval of the Minister, specify standards in relation to construction or maintenance works,

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

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

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

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

(a) the Authority,

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

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

(d) a body providing services to the Authority,

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

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

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

(6) Development consisting of the carrying out of any works by or at the direction of, or on behalf of, the Authority under this Act in relation to the construction or maintenance of a national road shall be exempted development for the purposes of the Act of 1963.

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) prepare an environmental impact statement and apply to the Minister for the approval referred to in section 51 ,

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

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

(i) undertake specified construction or maintenance works,

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

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

(l) seek the consent of the Commissioner to the provision of a specified traffic sign under section 95 of the Act of 1961,

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

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

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

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

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

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

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

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

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

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

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

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

(i) approve it,

(ii) approve it with modifications,

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

(iv) refuse to approve it.

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

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

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

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

(2) When performing any function in relation to the construction or improvement of a national road (including the preparation of a draft plan under section 18 ) the Authority shall—

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

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

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

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

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

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

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

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

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

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

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

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

(3) (a) Where a scheme for the provision of traffic signs has been prepared by the Authority under section 19 or where a scheme prepared on its behalf by a road authority has been approved by the Authority, a traffic sign (other than a traffic sign within the meaning of section 95 (1) (c) of the Act of 1961) may be provided by a road authority in accordance with the scheme without the necessity to seek and obtain the consent of the Commissioner under the said section 95.

(b) Where a scheme referred to in paragraph (a) makes provision for a traffic sign within the meaning of section 95 (1) (c) of the Act of 1961, the Authority shall seek the consent of the Commissioner to the provision of such sign and where the Commissioner gives such consent a road authority may, notwithstanding section 95 of the Act of 1961, provide such sign in accordance with the scheme.

24. —The Minister may, subject to such conditions as he sees fit, in each financial year make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the capital and current expenditure of the Authority and grants under this section shall be made having particular regard to the maintenance requirements of national roads.

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

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

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

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

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

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

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

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

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

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

(a) particulars of the guarantee,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Where a person employed by the Authority—

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

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

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

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

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

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

35. —(1) (a) In this section “local authority” means a local authority for the purposes of the Local Government Act, 1941 .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) A person who contravenes a requirement of this section shall be guilty of an offence.

(7) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the time of the alleged offence he did not know and had no reason to believe that a matter in which, or in relation to which, he had a beneficial interest had fallen to be considered by him, by the Authority, or by a committee or consultative group established by the Authority, as the case may be, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.

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

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

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

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

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

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

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

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

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

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

(2) (a) This section applies to—

(i) a member of the Authority,

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

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

(b) This section applies to the following interests—

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

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

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

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

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

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

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

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

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

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

(a) one thousand pounds, or

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

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

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

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

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

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

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

(a) the relevant particulars were true,

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

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

(12) In this section “activity” means—

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

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

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

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

(e) any other prescribed activity.

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

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

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

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

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

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