Grangegorman development agency act 2005

• Enactment Date: 11 July 2005
• Act Number: 21

Number 21 of 2005
GRANGEGORMAN DEVELOPMENT AGENCY ACT 2005
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Grangegorman site. 4. Grangegorman neighbourhood. 5. Establishment day. 6. Laying of orders before Houses of Oireachtas. 7. Expenses.
PART 2
Grangegorman Development Agency
8. Establishment of Agency. 9. Functions of Agency. 10. Conferral of additional functions on Agency. 11. Directives of Minister to Agency. 12. Strategic plan. 13. Transfer of lands from statutory body to Agency. 14. Grants to Agency. 15. Borrowing by Agency. 16. Guarantee by Minister for Finance of borrowing by Agency. 17. Membership of Agency and term of office of members. 18. Chairperson of Agency. 19. Meetings of Agency. 20. Committees of Agency. 21. Project Working Teams. 22. Consultative Group. 23. Chief executive of Agency. 24. Staff of Agency. 25. Superannuation. 26. Membership of the Oireachtas or European Parliament. 27. Code of conduct. 28. Declarations of interests. 29. Disclosure by members of Agency of certain interests. 30. Disclosure by staff of Agency, etc., of certain interests. 31. Prohibition on unauthorised disclosure of confidential information. 32. Gifts. 33. Accounts and audits. 34. Accountability of chief executive to Committee of Public Accounts. 35. Accountability of chief executive to other Oireachtas Committees. 36. Reports and information to Minister. 37. Consultants and advisers. 38. Seal of Agency. 39. Indemnification. 40. Immunity of Agency. 41. Dissolution of Agency.
PART 3
Miscellaneous
42. Amendment of Planning and Development Act 2000. 43. Amendment of National Development Finance Agency Act 2002.
SCHEDULE 1
Description of Grangegorman Site
SCHEDULE 2
Grangegorman Neighbourhood
SCHEDULE 3
Properties of Dublin Institute of Technology
SCHEDULE 4
Election of Residents' Nominee to the Agency and Residents' Members of the Consultative Group
Acts Referred to Borrowing Powers of Certain Bodies Act 1996 1996, No. 22 Companies Acts 1963 to 2003 Dublin Institute of Technology Act 1992 1992, No. 15 European Parliament Elections Act 1997 1997, No. 2 Harbours Acts 1946 to 1976 Health Act 2004 2004, No. 42 Housing Act 1966 1966, No. 21 Industrial Development (Enterprise Ireland) Act 1998 1998, No. 34 Industrial Development Act 1993 1993, No. 19 Local Government Act 2001 2001, No. 37 National Development Finance Agency Act 2002 2002, No. 29 Planning and Development Act 2000 2000, No. 30 Urban Renewal Act 1986 1986, No. 19 Vocational Education Act 1930 1930, No. 29
Number 21 of 2005
GRANGEGORMAN DEVELOPMENT AGENCY ACT 2005
AN ACT TO MAKE PROVISION FOR THE DEVELOPMENT OF AN AREA IN GRANGEGORMAN, DUBLIN AS A LOCATION FOR EDUCATION, HEALTH AND OTHER FACILITIES, AND FOR THAT PURPOSE TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS GNÍOMHAIREACHT FORBARTHA GHRÁINSEACH GHORMÁIN, OR IN THE ENGLISH LANGUAGE, THE GRANGEGORMAN DEVELOPMENT AGENCY, TO DEFINE ITS FUNCTIONS, TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000 AND THE NATIONAL DEVELOPMENT FINANCE AGENCY ACT 2002 AND TO PROVIDE FOR RELATED MATTERS.
[11th July, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title.	1.—This Act may be cited as the Grangegorman Development Agency Act 2005.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“Agency” means Grangegorman Development Agency established under section 8 ;
	“committee” means a committee established under section 20 ;
	“company” means a company within the meaning of the Companies Acts 1963 to 2003;
	“Enterprise Ireland” means the body established by the Industrial Development (Enterprise Ireland) Act 1998 ;
	“establishment day” means the day appointed by the Minister under section 5 to be the establishment day for the purposes of this Act;
	“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;
	“Grangegorman neighbourhood” has the meaning assigned to it by section 4 ;
	“Grangegorman site” has the meaning assigned to it by section 3 ;
	“IDA” means the body established by the name of “Industrial Development Agency (Ireland)” by the Industrial Development Act 1993 ;
	“Minister” means the Minister for Education and Science;
	“the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in that Minister, in the opinion of the Minister might be concerned with or interested in the matter in question;
	“remuneration” includes allowances for expenses, benefits-in-kind and superannuation;
	“statutory body” means—
	(a) the Health Service Executive established under the Health Act 2004 (hereinafter referred to as “the Health Service Executive”),
	(b) a local authority for the purposes of the Local Government Act 2001 ,
	(c) a Minister of Government,
	(d) the City of Dublin Vocational Education Committee established under the Vocational Education Act 1930 ,
	(e) the Dublin Institute of Technology established under the Dublin Institute of Technology Act 1992 ,
	(f) any other board or body established by or under statute;
	“strategic plan” shall be construed in accordance with section 12 ;
	“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.
	(2) (a) In this subsection, a reference to a “thoroughfare” includes any avenue, bridge, drive, high water mark, place, river, road, row, street or wall.
	(b) In Schedule 1 —
	(i) a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare,
	(ii) a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare,
	(iii) a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare or projection of a thoroughfare is a reference to the point where a line drawn along the centre of such thoroughfare, or in the case of a projection of a thoroughfare, along such projection, would be intersected or joined by a line drawn along the centre of such other thoroughfare or, in the case of another projection of a thoroughfare, along such other projection.
	(3) In this Act—
	(a) a reference to a section or Schedule is a reference to a section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
	(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by any other subsequent enactment including this Act.
	Grangegorman site.	3.—For the purposes of this Act “the Grangegorman site” means the area described in Schedule 1.
	Grangegorman neighbourhood.	4.—For the purposes of this Act the “Grangegorman neighbourhood” means the area described in Schedule 2 .
	Establishment day.	5.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
	Laying of orders before Houses of Oireachtas.	6.—Every order (other than an order under section 5 ) made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either such House within the next 21 days on which that House had sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
	Expenses.	7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2 Grangegorman Development Agency
	Establishment of Agency.	8.—(1) There shall stand established, on the establishment day, a body to be known as Gníomhaireacht Forbartha Ghráinseach Ghormáin, or, in the English language, the Grangegorman Development Agency (to be known and referred to in this Act as the “Agency”), to perform the functions conferred on it by or under this Act.
	(2) The Agency shall be a body corporate with perpetual succession and a seal and shall have power—
	(a) to sue and may be sued in its corporate name,
	(b) to acquire, hold and dispose of land or an interest in land, with the consent of the Minister in writing, and
	(c) to acquire, hold and dispose of any other property, with the consent of the Minister in writing.
	Functions of Agency.	9.—(1) The functions of the Agency shall be to—
	(a) promote the development of the Grangegorman site as a location for education, health and other facilities,
	(b) subject to such conditions as the Minister may determine, to enter into arrangements, including by means of acquiring shares in limited liability companies, to exploit any research...