PART 7

Matters Relating to CIÉ and RPA

111 .— (1) Section 8(1) of the Act of 1958 is amended by inserting after paragraph (c) the following:

“(cc) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including charges for failure to comply with bye-laws made under section 22(1)(ee) of the Act of 1950,”.

(2) Section 128 of the Railway Safety Act 2005 is amended by deleting paragraph (a).

112 .— Section 22(1) of the Act of 1950 (as amended by section 128(b) of the Railway Safety Act 2005 ) is amended by substituting for paragraph (h) the following:

“(h) generally for regulating, subject to any statutory provisions in that behalf—

(i) the travelling upon or use of its vehicles or craft (including a requirement to travel with a valid ticket or pass and the issue of such), and

(ii) the working of transport services provided by the Board,”.

113 .— (1) Section 11 of the Act of 1986 is amended by substituting for subsection (2) the following:

“(2) The articles of association of each company shall provide that—

(a) the number of directors (including the chairman) shall be not more than 9,

(b) the chairman and other directors shall be appointed and may be removed from office by the Minister,

(c) the remuneration of the chairman and other directors shall be determined by the Board, with the consent of the Minister and the Minister for Finance,

(d) no person shall be appointed or removed as auditor of the company without the approval of the Board, given with the consent of the Minister, and

(e) the company shall, within a period specified by the Board, set up machinery for the purposes of negotiation concerned with the pay and conditions of its staff and to this end consult with and make every reasonable endeavour to reach agreement with the trade unions concerned.

(2A) Where an appointment or removal is made under—

(a) subsection (2)(b), section 182(1) of the Companies Act 1963 does not apply, or

(b) subsection (2)(d), section 160 of that Act does not apply,

to the appointment or removal.”.

(2) CIÉ shall, as soon as may be, amend the articles of association of the 3 companies formed pursuant to section 6 of the Act of 1986 to give effect to the amendments effected by subsection (1).

(3) The Minister shall appoint persons as directors of the 3 companies formed pursuant to section 6 of the Act of 1986 who, in his or her opinion, have wide experience in relation to transport, commercial, financial, land use planning or environmental matters, the organisation of workers or administration.

114 .— (1) Notwithstanding any enactment, other rules of law or, where appropriate, provision contained in the memorandum and articles of association, CIÉ or a company formed under the Act of 1986—

(a) may be directed by, or

(b) shall require the consent of,

the Minister after consultation with the Minister for Finance, in respect of the sale, letting or otherwise disposal of any right or interest in land or any part of the land or property in its ownership in excess of an asset value specified in regulations.

(2) Regulations made under subsection (1) may specify different asset values for different classes of assets or for different purposes.

115 .— (1) Section 9 of the Act of 2001 is amended by deleting subsection (4).

(2) Section 11 of the Act of 2001 is amended in subsection (1)(a) by inserting “or, in the case of such railway infrastructure within its functional area, by the Dublin Transport Authority” after “Minister”.

(3) Section 13(1) of the Act of 2001 is amended by inserting “(including fares)” after “make such charges”.

(4) Section 20 of the Act of 2001 is amended by substituting for subsection (12) the following:

“(12) A member of the Agency (other than the chief executive) shall not serve more than 10 years in total.”.

(5) Section 28 of the Act of 2001 is repealed.

(6) Section 38 of the Act of 2001 is amended by substituting for it the following:

“38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000:

(a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;

(b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order.

(2) Part IV of the Act of 2000 does not apply and is deemed never to have applied to developments specified in subsection (1).”.

(7) Section 44(2) of the Act of 2001 (inserted by section 49 of the Planning and Development (Strategic Infrastructure) Act 2006 and as amended by section 3 of the Local Government (Roads Functions) Act 2007 ) is amended by substituting for paragraph (b) the following:

“(b) specify any rights in, under or over land, water or any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,”.