Land Development Agency (Establishment) Order 2018

• Jurisdiction: Ireland
• Citation: IR SI 352/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th September, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the Local Government Services (Corporate Bodies) Act 1971 (No. 6 of 1971), as amended by the Local Government (Miscellaneous Provisions) Act 2012 (No. 17 of 2012), and as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 358 of 2017 ), and having regard to the matters referred to in subsection (1A) of the said section 3 and with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

Citation

1. This Order may be cited as the Land Development Agency (Establishment) Order 2018.

Commencement

2. This Order shall come into effect on the day following the date of the making of the order and that day shall be the Establishment Day.

Definitions

3. In this Order—

“Act” means the Local Government Services (Corporate Bodies) Act 1971 (No. 6 of 1971);

“Board” means the Board established under Article 6;

“Chief Executive Officer” means the Chief Executive Officer appointed by the Minister under Article 7(1);

“designated body” means a body designated for the time being under section 3(2) of the Act;

“Housing Acts” means the Housing Acts 1966 to 2014;

“Minister” means the Minister for Housing, Planning and Local Government;

“Planning Acts” means the Planning and Development Acts 2000 to 2018.

Establishment of the Land Development Agency

4. A body to be called and known as An Gníomhaireacht Forbartha Talún or, in the English language, the Land Development Agency, is established to provide the services specified in Article 5—

(a) for, and on behalf of, the Minister and each authority to which the Act applies, in the performance of his or her or its functions under the Planning Acts and the Housing Acts and in relation to the implementation of Project Ireland 2040/the National Planning Framework; and

(b) for a designated body.

5. The services to be provided by the Land Development Agency shall be:

(a) development and regeneration of land and property, including structures, for the purposes of the delivery of housing and the achievement of wider physical, social and economic development and regeneration;

(b) supporting the consolidation and replenishment of the publicly owned development land bank and expediting the most efficient use of such land;

(c) establishing appropriate mechanisms and collaborative structures between public and private bodies to develop key strategic sites in public ownership;

(d) creation of a database of public lands relevant to the functions of the Agency;

(e) master-planning and development appraisal services;

(f) securing development consents for relevant lands and development projects;

(g) procurement of such technical, administrative or implementation activities as may be necessary; and

(h) procurement of development, construction and evaluation services to deliver housing and wider urban regeneration and development projects.

Membership of the Land Development Agency and constitution of a Board

6. (1) A Board for the Land Development Agency shall be appointed by the Minister and the number of members of the Board so appointed at any time shall be not less than six and not more than ten.

(2) The members of the Land Development Agency Board shall conduct the Agency’s business and a reference in this Order to a Board member shall be construed as a reference to a member of the Agency.

(3) The membership of the Land Development Agency Board shall comprise the following:

(a) a Chairperson appointed by the Minister;

(b) one serving officer from the Department of Housing, Planning and Local Government, as nominated by the Minister;

(c) one serving officer from the Department of Public Expenditure and Reform, as nominated by the Minister of that Department;

(d) one representative of the Local Government sector, as nominated by the Minister;

(e) one serving officer from the Housing and Sustainable Communities Agency, as nominated by the Chairperson of the said Agency;

(f) the Chief Executive Officer; and

(g) such other person(s), not being more than four, as the Minister may consider appropriate.

(4) The term of office of a Board member shall be as specified by the Minister upon such appointment and such member shall hold office for that period unless sooner dying, resigning or otherwise ceasing to be a qualified person.

(5) The Board may act notwithstanding a vacancy among its members.

(6) The quorum for meetings of the Board shall be three members.

(7) A Board member may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.

(8) A Board member shall cease to be a member of the Board on his or her being requested by the Minister to resign.

(9) A person shall cease to be, and shall be disqualified from being, a Board member where he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

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

(d) is disqualified or restricted from being a director of any company.

(10) Where a Board member or an employee of the Land Development Agency:

(a) accepts a nomination as a member of Seanad Éireann;

(b) is elected to 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 that Parliament; or

(d) becomes a member of a local authority,

he or she shall thereupon—

(i) in the case of a Board member, cease to be a Board member, or

(ii) in the case of an employee of the Land Development Agency, stand seconded from employment by the Land Development Agency for the period specified in paragraph...