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15 2008

Dublin Transport Authority Act 2008

PART 6

Dissolution of DTO and Transfer of Employees of DTO and RPA

Dissolution of DTO.

102 .— (1) The Minister shall, at the request of the Authority, dissolve the DTO on such day (“dissolution day”) as the Minister may appoint by order.

(2) On the dissolution day the Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995) is revoked.

(3) In this Part “ dissolution day” means the day appointed by the Minister by order under subsection (1) for the dissolution of the DTO.

Transfer of land and other property.

103 .— (1) On the dissolution day, all land which, immediately before that day, was vested in the DTO and all rights, powers and privileges relating to or connected with that land shall, without any conveyance, transfer or assignment, stand vested in the Authority for all the estate or interest for which it was vested in the DTO but subject to all trusts and equities affecting that land subsisting and capable of being performed.

(2) On the dissolution day, all property other than land (including chose-in-action), which, immediately before that day, was the property of the DTO shall, without any transfer or assignment, stand transferred to the Authority.

(3) Every chose-in-action transferred by subsection (2) may, on and after the dissolution day, be sued upon, recovered or enforced by the Authority in its own name and it shall not be necessary for the Authority to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

(4) All moneys, stocks, shares and securities transferred to the Authority by subsection (2) which, immediately before the dissolution day, are in the name of the DTO shall, upon the request of the Authority, be transferred into its name.

Transfer of rights and liabilities.

104 .— All rights and liabilities held, enjoyed, or incurred by virtue of any contract or commitment (expressed or implied) entered into by the DTO shall, on the dissolution day, subject where necessary to transfer in the books of any bank, corporation or company, stand transferred to the Authority.

Preservation of existing contracts.

105 .— (1) Every bond, guarantee or other security of a continuing character made or given by the DTO to another person or by any person to the DTO and in force immediately before the dissolution day and every contract or agreement in writing made between the DTO and any other person and not fully executed and completed before the dissolution day shall, notwithstanding the dissolution of the DTO, continue in force on and after the dissolution day but shall be construed and have effect as if the Authority was substituted therein for the DTO.

(2) Every other document granted or made by the DTO which is in force immediately before the dissolution day shall continue in force on and after that day as if it had been granted or made by the Authority and shall be construed and have effect and be enforceable by or against the Authority.

Continuance of legal proceedings.

106 .— In all legal proceedings to which the DTO was a party and pending immediately before the dissolution day, the name of the Authority shall be substituted in the proceedings for the DTO and the proceedings shall not abate by reason of such substitution.

References in legislation to DTO.

107 .— References to the DTO contained, immediately before the dissolution day, in any statute or statutory instrument made under statute or in the memorandum or articles of association of any company shall, in so far as they relate to anything transferred by this Act be read on and after that day as references to the Authority.

Final accounts.

108 .— (1) Final accounts in respect of the DTO shall be drawn up.

(2) Notwithstanding section 102 the Dublin Transportation Office (Establishment) Order 1995 (S.I. No. 289 of 1995) continues in force and has effect in relation to accounts drawn up under subsection (1).

Admissibility in evidence of documents.

109 .— (1) All books and other documents directed or authorised by or under any enactment to be kept by the DTO and which, immediately before the dissolution day, would be receivable in evidence shall, notwithstanding the dissolution of the DTO, be admitted in evidence on or after the dissolution day as if this Part had not been enacted.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by the DTO would, if verified in a particular manner by a particular officer of that body, have been admissible immediately before the dissolution day as evidence of those contents, an extract from or certificate of the contents of that book or document shall, if verified in such particular manner by an officer of the Authority (whose official position it shall not be necessary to prove) authorised by the Authority in that behalf, be admitted, on or after the dissolution day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Part had not been enacted.

(3) A copy of or extract from any document referred to in subsection (1) produced by the Authority and certified to be a true copy under the hand of an officer of that Authority (whose official position it shall not be necessary to prove) authorised by the Authority for that purpose shall in all legal proceedings be admissible in evidence as of equal validity with the original document and no process for compelling the production of any such document by the Authority shall issue from any court except with the leave of that court.

Transfer of employees of DTO and RPA.

110 .— (1) (a) Each person who, immediately before the dissolution day, was an employee of the DTO is, on that day, transferred to and becomes an employee of the Authority.

(b) The RPA may, with the consent of the Minister, designate for employment by the Authority any person employed by the RPA 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.

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

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

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

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Authority, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the dissolution day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the dissolution day or such day or days as may be specified by the Minister under subsection (1)(e) are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Authority.

(4) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007,

(b) the Protection of Employees (Part-Time Work) Act 2001 ,

(c) the Protection of Employees (Fixed-Term Work) Act 2003 ,

(d) the Organisation of Working Time Act 1997 ,

(e) the Terms of Employment (Information) Acts 1994 and 2001,

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

(g) the Unfair Dismissals Acts 1977 to 2007,

(h) the Maternity Protection Acts 1994 and 2004,

(i) the Parental Leave Acts 1998 and 2006,

(j) the Adoptive Leave Acts 1995 and 2005, and

(k) the Carer’s Leave Act 2001.

(5) In this section—

‘‘ previous service ’’ means service before the dissolution day with the DTO or, in the case of persons designated in accordance with subsection (1)(b) means service before such day or days as may be specified by the Minister under subsection (1)(e);

‘‘ recognised trade union or association of employees ’’ means a trade union or association of employees recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

‘‘ terms and conditions of employment ’’ includes terms and conditions in respect of tenure of office, remuneration and related matters.