ROADS ACT 2015

• Jurisdiction: Ireland

Number 14 of 2015
ROADS ACT 2015
CONTENTS
PART 1
Preliminary and General
Section
1. Short title, collective citation and construction
2. Definitions
3. Expenses
4. Saver
5. Repeal of Part 2 of Act of 2001
PART 2
Dissolution of Railway Procurement Agency
Chapter 1
Dissolution and transfer of functions
6. Dissolution of Railway Procurement Agency
7. Transfer of functions of dissolved body to Authority
8. Transfer of land and other property
9. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body
10. Liability for loss occurring before dissolution day
11. Provisions consequent upon transfer of functions, assets and liabilities to Authority
12. Final accounts and final annual report of dissolved body
13. Operational name of Authority
Chapter 2
Transfer of staff and superannuation
14. Transfer of staff of dissolved body
15. Superannuation
PART 3
Matters Relating to Functions of National Roads Authority
Chapter 1
Additional functions of Authority
16. Procurement function of Authority
17. Advice and services
Chapter 2
Accountability of chief executive
18. Accountability of chief executive to Public Accounts Committee
19. Accountability of chief executive to Oireachtas Committees
PART 4
Amendment of Roads Act 1993
20. Insertion of sections 15B and 15C into Act of 1993
21. Amendment of section 19 of Act of 1993 (specific functions of the Authority)
22. Amendment of section 24 of Act of 1993 (grants to the Authority)
23. Amendment of section 28 of Act of 1993 (chairman and members of the Authority)
24. Insertion of section 51A into Act of 1993
25. Amendment of section 64 of Act of 1993 (offences under Part V)
26. Amendment of section 82 of Act of 1993 (grants to road authorities)
SCHEDULE
Excluded Enactments for Purposes of Section 7(2)
Acts Referred to
Adoptive Leave Acts 1995 and 2005
Carer’s Leave Act 2001 (No. 19)
Companies Act 1963 (No. 33)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Financial Emergency Measures in the Public Interest Act 2009 (No. 5)
Financial Emergency Measures in the Public Interest Act 2010 (No. 38)
Local Government Act 2001 (No. 37)
Maternity Protection Acts 1994 and 2004
Minimum Notice and Terms of Employment Acts 1973 to 2005
Ministers and Secretaries (Amendment) Act 2011 (No. 10)
National Treasury Management Agency (Amendment) Act 2000 (No. 39)
Ombudsman (Amendment) Act 2012 (No. 38)
Organisation of Working Time Act 1997 (No. 20)
Parental Leave Acts 1998 and 2006
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)
Protection of Employees (Part-Time Work) Act 2001 (No. 45)
Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (No. 47)
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)
Redundancy Payments Acts 1967 to 2014
Roads Act 1993 (No. 14)
Roads Act 2007 (No. 34)
Roads Acts 1993 to 2007
Statutory Instruments Act 1947 (No. 44)
Terms of Employment (Information) Acts 1994 to 2012
Transport (Dublin Light Rail) Act 1996 (No. 24)
Transport (Railway Infrastructure) Act 2001 (No. 55)
Unfair Dismissals Acts 1977 to 2007
Number 14 of 2015
ROADS ACT 2015
An Act to provide for the dissolution of the Railway Procurement Agency and the transfer of its functions and staff to the National Roads Authority; to amend the Roads Act 1993 and the Transport (Railway Infrastructure) Act 2001 ; to provide for additional functions to be assigned to the National Roads Authority; and to provide for related matters.
[6 th May, 2015]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, collective citation and construction
1. (1) This Act may be cited as the Roads Act 2015.
	(2) The Roads Acts 1993 to 2007 and this Act may be cited together as the Roads Acts 1993 to 2015 and shall be read together as one.
		Definitions
2. In this Act—
	“Act of 1993” means Roads Act 1993 ;
	“Act of 2001” means Transport (Railway Infrastructure) Act 2001 ;
	“Authority” means National Roads Authority;
	“chief executive” means a person—
	(a) directed under section 28(1)(b) of the Act of 1993 to perform the functions referred to in section 29(2) of that Act, or
	(b) appointed under section 29 of the Act of 1993;
	“company” means a company within the meaning of the Companies Act 1963 ;
	“dissolution day” means the day appointed by the Minister under section 6 for the dissolution of the Railway Procurement Agency;
	“dissolved body” means the Railway Procurement Agency as it stands dissolved by virtue of this Act;
	“local authority” has the meaning assigned to it by the Local Government Act 2001 ;
	“local road” and “regional road” have the meanings assigned to them, respectively, in section 2 of the Act of 1993;
	“Minister” means the Minister for Transport, Tourism and Sport;
	“railway order” means—
	(a) a railway order within the meaning of the Act of 2001, or
	(b) a light railway order within the meaning of the Transport (Dublin Light Rail) Act 1996 .
		Expenses
3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
		Saver
4. (1) Any instrument (whether described as a rule, regulation, order, bye-law or code of practice or in any other way, and whether or not a statutory instrument to which the Statutory Instruments Act 1947 primarily applies) made or issued by, or on behalf of, the dissolved body and in force immediately before the dissolution day has, on and after that day, the same force and effect as it had immediately before that day.
	(2) An instrument referred to in subsection (1) may be revoked or amended by the Authority as if made by the Authority.
		Repeal of Part 2 of Act of 2001
5. Part 2 (other than sections 11, 12, 13 and 25) of the Transport (Railway Infrastructure) Act 2001 is repealed on the dissolution day.
PART 2 Dissolution of Railway Procurement Agency
Chapter 1 Dissolution and transfer of functions
		Dissolution of Railway Procurement Agency
6. (1) The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Act.
	(2) The Railway Procurement Agency shall stand dissolved on and from the dissolution day.
		Transfer of functions of dissolved body to Authority
7. (1) On the dissolution day, all functions that, immediately before the dissolution day, were vested in the dissolved body are transferred to the Authority.
	(2) References—
	(a) to the dissolved body, in any enactment (other than this Act or an enactment mentioned in the Schedule) or any instrument made under an enactment, in so far as they relate to a function transferred by subsection (1), or
	(b) to a person that has been granted a railway order, in any enactment or in any instrument made under an enactment, in the case of a railway order granted to the dissolved body before the dissolution day,
	shall be construed, on and after the dissolution day, as references to the Authority.
		Transfer of land and other property
8. (1) On the dissolution day, all lands that, immediately before that day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Authority for all the estate or interest therein that, immediately before the dissolution day, was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and capable of being performed.
	(2) On the dissolution day, all property (other than land), including choses-in-action, that, immediately before that day, was vested in the dissolved body shall stand vested in the Authority without any assignment.
	(3) Every chose-in-action vested in the Authority by virtue of subsection (2) may, on and from the dissolution day, be sued on, recovered or enforced by the Authority in its own name and it shall not be necessary for the Authority, or the dissolved body, to give notice to any person bound by any such chose-in-action of the vesting by this section.
		Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body
9. (1) All rights and liabilities of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to the Authority.
	(2) Every right and liability transferred by subsection (1) to the Authority may, on and after the dissolution day, be sued on, recovered or enforced by or against the Authority in its own name, and it shall not be necessary for the Authority, or the dissolved body, to give notice to the person whose right or liability is transferred by that subsection of such transfer.
	(3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in the Authority by or under this Act, and in force immediately before the dissolution day, shall continue in force as if granted by the Authority.
		Liability for loss occurring before dissolution day
10. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the dissolved body transferred to the Authority by this Act shall on and after that day, lie against the Authority and not against the dissolved body.
	(2) Any legal proceedings pending...