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25 2003

Taxi Regulation Act 2003

PART 2

Commission for Taxi Regulation

Establishment day.

5. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.

Establishment of Commission for Taxi Regulation.

6. —(1) There stands established, on the establishment day, a body to be known as the Commission for Taxi Regulation or, in the Irish language, An Coimisiún um Rialáil Tacsaithe, in this Act referred to as the “Commission”, to perform the functions assigned to it by or under this Act.

(2) The Commission shall be a body corporate with perpetual succession and a seal and power—

(a) to sue and be sued in its corporate name,

(b) to acquire, hold and dispose of land or an interest in land, and

(c) to acquire, hold and dispose of any other property.

(3) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

Seal of Commission.

7. —(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal shall be authenticated by the signature of—

(a) a Commissioner, or

(b) a member of the staff of the Commission, authorised by the Commission to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Commission and every document—

(a) purporting to be an instrument made by and to be sealed with the seal of the Commission, and

(b) purporting to be authenticated in accordance with subsection (2),

shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

Independence of Commission.

8. —Subject to this Act, the Commission shall be independent in the exercise of its functions.

Principal function and objectives of Commission.

9. —(1) The principal function of the Commission is the development and maintenance of a regulatory framework for the control and operation of small public service vehicles and their drivers.

(2) In exercising its function, the Commission shall seek to achieve the following objectives—

(a) to promote the provision and maintenance of quality services by small public service vehicles and their drivers,

(b) to pursue the continued development of a qualitative and customer orientated licensing system, regulatory code and standards for small public service vehicles, small public service vehicle licence holders and small public service vehicle drivers,

(c) to oversee the development of a professional, safe, efficient and customer-friendly service by small public service vehicles and their drivers,

(d) to encourage and promote competition in relation to services (including fares) offered by small public service vehicles,

(e) in seeking to achieve the provision of quality services by small public service vehicles and their drivers, to have due regard to the protection of service users and providers alike,

(f) to promote measures to facilitate increased integration of taxi services in the public transport system,

(g) to promote the development of high quality cost effective services by small public service vehicles and their drivers which meet a wide range of customer needs including those of passengers with mobility or sensory impairments,

(h) to promote access to small public service vehicles by persons with disabilities,

(i) to encourage investment to support and enhance the services offered by small public service vehicles and to promote innovation in this regard.

(3) The exercise of functions of the Commission under this Act may be carried out by or through any member of the staff of the Commission or a person authorised by the Commission, as the Commission deems appropriate.

Policy directions.

10. —(1) The Minister may give such general policy directions to the Commission in relation to small public service vehicles and their drivers as he or she considers appropriate to be followed by the Commission in the exercise of its functions.

(2) The Commission shall comply with any directions given under subsection (1).

(3) Where the Minister gives a direction under subsection (1) a notice of the giving of the direction and details of it (including reasons for giving the direction) shall be—

(a) laid before each House of the Oireachtas as soon as may be after it is given, and

(b) published in Iris Oifigiúil within 28 days of the giving of it.

Financial assistance to local authorities.

11. —(1) The Commission may, out of income generated from the payment of fees under this Act, provide financial assistance to local authorities to support the development or provision of infrastructure to facilitate and support the operation of small public service vehicles.

(2) For the purpose of facilitating the provision of financial support under this section, the Commission may prepare a scheme that shall include provisions relating to the conditions that may be applied to the application for, approval of and payment of such financial support.

(3) A scheme under subsection (2) shall be prepared in consultation with the Council and with the consent of the Minister.

Provision of services.

12. —(1) For the purpose of enabling the Commission to perform its functions, a statutory body may provide any service to the Commission on such terms and conditions (including payment for such service) as may be agreed and the Commission may avail of such service.

(2) In this section “service” includes the use of premises or equipment and the use of services or employees.

Composition and procedure of Commission.

13. —(1) The Commission shall consist of at least one member and not more than 3 members.

(2) Each member of the Commission shall be known as a Commissioner for Taxi Regulation and is in this Act referred to as a “Commissioner”.

(3) Subject to this Act, the Commission may regulate its own procedure.

Appointment and term of office of Commissioners.

14. —(1) Each Commissioner shall be appointed—

(a) by the Minister, and

(b) on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance.

(2) A person shall not be appointed as a Commissioner unless the Civil Service and Local Appointments Commissioners, after holding a competition on behalf of the Commission, have selected him or her for appointment as a Commissioner.

(3) A Commissioner appointed in accordance with subsection (2) shall be appointed on a full-time basis for a period of not less than 3 years and not more than 5 years.

(4) Where there is more than one Commissioner, the Minister shall appoint one of them to be chairperson of the Commission on such terms and conditions of appointment, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 and not more than 5 years.

(5) The chairperson shall have a casting vote in the case of decisions to be taken by the Commission in the event of a tied vote.

(6) A Commissioner, including the chairperson, whose term of office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving no more than 10 years on the Commission.

(7) A Commissioner shall not serve more than 2 terms of office as a Commissioner.

(8) In circumstances where the chairperson is unavailable to perform his or her duties, the Minister shall appoint an acting chairperson to assume the duties of chairperson of the Commission for a stated period not exceeding 6 months. The acting chairperson shall be an existing Commissioner.

(9) The Commission may act where a vacancy arises in its membership.

Deputy commissioner.

15. —The Commission shall, where there is only one Commissioner appointed under section 14 , designate a member of its staff as a deputy member of the Commission (“deputy commissioner”) who shall assume and carry out with the authority of the Commission all of the functions of the Commission in the absence of the Commissioner or where the membership of the Commission is vacant.

Resignation and removal of Commissioners.

16. —(1) A Commissioner may resign by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister shall have received notice of the resignation.

(2) A Commissioner may be removed from office by the Minister—

(a) if, in his or her opinion, the Commissioner has become incapable through ill health of effectively performing his or her duties, or

(b) for stated misbehaviour.

(3) In removing a Commissioner, the Minister shall give a statement of the reason or reasons for the removal to the Commissioner and the statement of reasons shall be laid before each House of the Oireachtas.

(4) Where the chairperson of the Commission ceases to be a Commissioner he or she shall also thereupon cease to be chairperson of the Commission.

Restrictions relating to Commissioners.

17. —(1) A Commissioner is deemed to have vacated his or her office where he or she—

(a) is nominated as a member of Seanad Éireann, or

(b) is nominated as a candidate for election as a member of Dáil Éireann or to the European Parliament, or is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy.

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

(3) (a) A person who is a member of a local authority is disqualified from becoming a Commissioner.

(b) A Commissioner is deemed to have vacated his or her office where he or she becomes a member of a local authority.

(4) A Commissioner shall not hold any other office or employment in respect of which emoluments are payable.

(5) For a period of 12 months after a Commissioner has ceased to be a Commissioner, such Commissioner shall not accept any office, consultancy or employment where, in the course of such office, consultancy or employment, the Commissioner could or might use or disclose any confidential information acquired by him or her in the exercise of his or her functions under this Act.

Staff of Commission.

18. —(1) The Commission may—

(a) with the consent of the Minister and the Minister for Finance, determine the number, grading, remuneration and other conditions of service of staff to be appointed to the Commission, and

(b) appoint to be members of the staff of the Commission such persons as the Commission may determine from time to time.

(2) Where a member of the staff of the Commission has previous service in the civil service or in a local authority, such service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in—

(a) the Redundancy Payments Acts 1967 to 2001,

(b) the Minimum Notice and Terms of Employment Acts 1973 to 2001,

(c) the Unfair Dismissals Acts 1977 to 2001,

(d) the Terms of Employment (Information) Act 1994 ,

(e) the Worker Protection (Regular Part-Time Employees) Act 1991 , and

(f) the Organisation of Working Time Act 1997 .

Consultants.

19. —(1) The Commission may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions.

(2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Commission.

Membership of Houses of Oireachtas, European Parliament and local authorities by staff.

20. —(1) Where a person employed by the Commission—

(a) is nominated as a member of Seanad Éireann,

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

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority,

he or she shall upon that happening, stand seconded from his or her employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission remuneration or allowances in respect of the period commencing on such nomination, election, when he or she is so regarded as having been so elected or becoming a member of a local authority, as the case may be, and ending when he or she ceases to be a member of either such House, the European Parliament, or the local authority, as the case may be.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the staff of the Commission.

(3) Without prejudice to the generality of subsection (1), that subsection shall be read as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Commission for the purposes of any superannuation benefits.

Prohibition on unauthorised disclosure of information.

21. —(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a Commissioner, member of the staff of, or an adviser or consultant to, or as an authorised person (within the meaning of Part 3) of, or as an agent of the Commission, unless he or she is duly authorised by the Commission to do so.

(2) In this section, “confidential information” includes information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description.

(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Commission or by or on behalf of the Commission to the Minister.

(5) Proceedings for an offence under subsection (3) may be brought and prosecuted summarily by the Commission.

(6) The Third Schedule to the Freedom of Information Act 1997 is amended by inserting in Part I at the end thereof:

(a) in the second column of “Taxi Regulation Act 2003”, and

(b) in the third column of “ section 21 (1)”.

Disclosure of interests.

22. —(1) Where a Commissioner, a member of the staff of the Commission, or a consultant, adviser or other person engaged by the Commission, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she—

(a) shall disclose to the Commission or, where the disclosure is required of a Commissioner and he or she is the only Commissioner, disclose to the Minister, the nature of his or her interest in advance of any consideration of the matter,

(b) shall neither influence nor seek to influence a decision in relation to the matter,

(c) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so,

(d) if a Commissioner—

(i) shall withdraw from a meeting of the Commission for so long as the matter is being discussed or considered by the Commission, unless there are compelling reasons requiring him or her not to withdraw, and

(ii) shall not vote or otherwise act in relation to the matter,

and

(e) shall prepare and furnish to the Commission a statement in writing of the compelling reasons.

(2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if he or she or any member of his or her household—

(a) holds a licence,

(b) or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(c) is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or

(d) is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates.

(3) For the purposes of this section, 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 hers 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, 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 or her to comply with the requirements of subsection (1), the question shall be determined by the Commission or, where there is only one Commissioner, in the case of that Commissioner, by the Minister.

(5) Where a disclosure is made to the Commission, particulars of the disclosure shall be recorded in the minutes of any meeting concerned.

(6) Where a person, other than a Commissioner, referred to in this section fails to make a disclosure in accordance with this section, the Commission shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(7) Where a Commissioner fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.

Superannuation of Commissioners.

23. —(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for—

(a) the granting of superannuation benefits to or in respect of a Commissioner ceasing to hold office, or

(b) the making of contributions to a pension scheme approved of by the Minister with the consent of the Minister for Finance which has been entered into by a Commissioner.

(2) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under subsection (1), including a scheme amended under this subsection.

(3) If any dispute arises as to the claim of a Commissioner to, or the amount of, any superannuation benefit payable in pursuance of a scheme under subsection (1), such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her.

(4) A scheme under subsection (1) shall be carried out by the Minister in accordance with its terms.

(5) No superannuation benefit shall be granted by the Minister to or in respect of any Commissioner ceasing to hold office otherwise than—

(a) in accordance with a scheme under subsection (1), or

(b) as may be approved of by the Minister with the consent of the Minister for Finance under subsection (1).

(6)    (a) A scheme under subsection (1) shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which the scheme was laid before it in accordance with paragraph (a), annul the scheme.

(c) The annulment of a scheme under subsection (1) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution.

Superannuation of staff.

24. —(1) The Commission may prepare and submit to the Minister a scheme or schemes or make such other arrangements with the approval of the Minister, given with the consent of the Minister for Finance, for the granting of superannuation benefits to or in respect of such members of the staff of the Commission as it may think fit.

(2) Every 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) Every scheme submitted by the Commission to the Minister under subsection (1) may, with the consent of the Minister for Finance, be amended or revoked by a subsequent scheme prepared, submitted and approved under subsection (1).

(4) A scheme under subsection (1) shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Commission in accordance with its terms.

(5) No superannuation benefit shall be granted by the Commission nor shall any other arrangements be entered into by the Commission for the provision of such a benefit to or in respect of a member of the staff of the Commission otherwise than—

(a) in accordance with a scheme under subsection (1), or

(b) as may be approved of by the Minister with the consent of the Minister for Finance.

(6) 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 under subsection (1), such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(7) As soon as may be after the establishment day, the Commission shall establish a fund, administered by trustees who shall be appointed by the Commission, from which superannuation benefits payable, in respect of a member of the staff of the Commission ceasing to hold office, under a scheme under subsection (1) shall be paid.

(8) (a) A scheme under subsection (1) shall be laid before each House of the Oireachtas by the Minister for Finance as soon as may be after it is made.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which the scheme was laid before it in accordance with paragraph (a), annul the scheme.

(c) The annulment of a scheme under subsection (1) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution.

(9) Moneys required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof.

Accountability of Commission to Committees of Oireachtas.

25. —(1) The chairperson of the Commission or, where there is no chairperson, the Commissioner, shall, whenever required by a 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, give evidence to that Committee on—

(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 which the Commission is required by or under statute to prepare,

(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 section 11(2) 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) From time to time, and whenever so requested, the Commission shall account for the performance of its functions to a Committee of one or both Houses of the Oireachtas.

Advances by Minister to Commission.

26. —(1) The Minister may, from time to time, with the consent of the Minister for Finance, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the Commission in the performance of its functions.

(2) The sums to be advanced under subsection (1) shall be expended solely for the purpose and exercise of the functions conferred on the Commission by this Act or in specified circumstances that are the subject of a Ministerial direction.

Borrowings.

27. —The Commission may, for the purpose of the performance of its functions, borrow money but shall not do so without the consent of the Minister and the Minister for Finance.

Strategy Statements.

28. —(1) The Commission shall draw up and adopt a strategy statement reflecting its statutory functions.

(2) A strategy statement shall—

(a) be adopted within 1 year of the establishment day and every 5 years thereafter,

(b) take into account the principal function and objectives set out in section 9 and any Ministerial direction, and

(c) comprise the key objectives, outputs and related strategies, including use of resources, of the Commission.

(3) The Commission shall present a copy of a strategy statement to the Minister and to such committees of either or both Houses of the Oireachtas as the Minister may, from time to time, direct.

(4) Prior to the adoption of a strategy statement and its presentation to the Minister, the Commission shall undertake a public consulation process on a draft of the strategy statement.

(5) The Commission shall publish a strategy statement drawn up and adopted under this section.

Accounts and annual report.

29. —(1) In accordance with good accounting practice, the Commission shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it including an income and expenditure account and balance sheet.

(2) (a) Within 3 months of the end of each financial year, the Commission shall submit accounts kept under subsection (1) in respect of that financial year to the Comptroller and Auditor General for audit.

(b) Within 42 days of the accounts being audited by the Comptroller and Auditor General, they shall, together with the report of the Comptroller and Auditor General on those accounts, be presented by the Commission to the Minister.

(c) The Minister shall cause copies of the accounts and report referred to in paragraph (b) to be laid before each House of the Oireachtas within 3 months of being presented them.

(3) The Commission shall, when presenting the report referred to in subsection (2)(b) to the Minister, present a report to the Minister in relation to—

(a) the performance of its functions, including decisions taken following the receipt of advice from the Council, in the previous financial year, and

(b) its proposed work programme for the following year, with reference to progress on the strategy statement.

(4) The financial year of the Commission shall be the period of 12 months ending on 31 December in any year, and for the purposes of this section the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.

(5) The Commission shall supply the Minister with such information relating to the performance of its functions as the Minister shall from time to time request.

Commission to keep itself informed of certain matters.

30. —(1) The Commission shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority the functions of which have, or may have, a bearing on the matters with which the Commission is concerned.

(2) In this section “public authority” means the Minister, the Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Commission, has functions that have, or may have, a bearing on matters with which the Commission is concerned.

Publication of reports and codes of practice.

31. —Subject to section 21 , the Commission may publish any reports or codes of practice on matters related to its functions.

Premises of Commission.

32. —The Commission may, for the purposes of providing premises necessary for the performance of its functions purchase, lease, equip and maintain offices and premises with the consent of the Minister and the Minister for Finance.