Chapter 2

Governance Arrangements for Authority

14 .— (1) The Authority shall consist of a chairperson and 9 ordinary members who shall perform and carry out the functions of the Authority in accordance with this Act.

(2) The chairperson and ordinary members of the Authority shall be appointed by the Minister as follows:

(a) the chief executive of the Authority as an ordinary member, for as long as he or she continues to be the chief executive,

(b) the holder of the office of Dublin City Manager as an ordinary member, for as long as he or she continues to hold that office,

(c) an ordinary member being the holder of the position of a senior management post in the Authority to be specified by the chairperson with the consent of the Minister, for as long as he or she continues to hold that post, and

(d) the chairperson and 6 ordinary members, from persons who in the opinion of the Minister have wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration.

(3) A member of the Authority shall be paid out of funds at the disposal of the Authority—

(a) such remuneration (if any) as may be fixed from time to time by the Minister, with the consent of the Minister for Finance, and

(b) such amount in respect of expenses (if any) as the Minister, with the consent of the Minister for Finance, may determine.

(4) A member of the Authority appointed in accordance with subsection (2)(d) including the chairperson—

(a) shall be appointed for a period of not more than 5 years,

(b) whose term of office expires by the passage of time, is eligible for re-appointment. However, he or she shall not serve for more than 10 years in total, and

(c) may at any time—

(i) resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of the receipt of the letter, whichever is later, or

(ii) be removed from membership of the Authority by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Authority of its functions.

(5) A member of the Authority ceases to hold and is disqualified from holding office if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with creditors,

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

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

(6) (a) If a member of the Authority dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Authority to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Authority who occasioned the casual vacancy.

(b) Subject to the other provisions of this section, a person appointed to be a member of the Authority under paragraph (a) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and is eligible for re-appointment subject to a maximum term of 10 years.

(7) The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Authority.

15 .— (1) The Minister shall appoint the chairperson of the Authority on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance.

(2) Where the chairperson of the Authority ceases during his or her term of office as chair to be a member of the Authority, he or she also then ceases to be chairperson of the Authority.

(3) Where the chairperson is unavailable to perform his or her duties, he or she, or, if he or she is unable to do so, the Minister, shall appoint another member appointed under section 14 (2)(d) to be an acting chairperson to assume the duties of the chairperson, in the absence of the chairperson, for a specified period not exceeding 12 months.

16 .— (1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The quorum for a meeting of the Authority shall be 5 or such other number as may from time to time be fixed by the Minister.

(3) At a meeting of the Authority—

(a) the chairperson of the Authority shall, if present, be chairperson of the meeting, and

(b) if and so long as the chairperson of the Authority is not present or if the office of the chairperson is vacant, the members of the Authority who are present shall choose one of their number to be chairperson of the meeting.

(4) At a meeting of the Authority, each member of the Authority present shall have a vote and every question shall be determined by a majority of votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(5) The Authority may act notwithstanding one or more vacancies among its members.

(6) Except as otherwise provided by this Act, the Authority shall regulate its own procedure and business.

(7) The Authority may perform or exercise any of its functions through or by the chairperson or any of its members or any other person who has been duly authorised by the Authority in that behalf.

17 .— (1) There is established on the appointed day a body to be known as, in the English language, the Dublin Transport Authority Advisory Council, or in the Irish language, Comhairle Chomhairleach Údarás Iompair Bhaile Átha Cliath, in this Act referred to as the Council, to perform the functions assigned to it by or under this Act.

(2) The Council shall consist of a chairperson and 23 ordinary members.

(3) The Minister shall appoint a person who in his or her opinion has wide experience in relation to transport, industrial, commercial, financial, land use planning or environmental matters, the organisation of workers or administration, to be chairperson of the Council.

(4) The ordinary members of the Council shall be appointed by the Minister as follows:

(a) 3 local authority managers or officers as follows:

(i) the City Manager of Dublin City Council,

(ii) one from the county managers for the County Councils of Dún Laoghaire-Rathdown, Fingal and South Dublin, as decided by those county managers, and

(iii) one from the county managers for the County Councils of Kildare, Meath and Wicklow, as decided by those county managers,

or an officer of those Councils as nominated by the relevant manager,

(b) a member of the Garda Síochána (not below the rank of Chief Superintendent) nominated by the Commissioner,

(c) a member of each City Council and County Council in the GDA nominated by the members of the Councils concerned,

(d) a member of the Dublin Regional Authority and a member of the Mid-East Regional Authority nominated by the authorities concerned,

(e) 2 members nominated by the Irish Congress of Trade Unions,

(f) 2 members representative of the interests of business,

(g) 2 members representative of the interests of community development in the GDA or concerned with the promotion of the social, economic, environmental or general interests of communities in that Area, and

(h) 4 members representative of the public interest.

(5) The Minister may prescribe organisations (“prescribed organisations”) which shall be invited to nominate candidates for membership of the Council under subsection (4)(f) to (h).

(6) The prescribed organisations for the purposes of subsection (4)(h) may include organisations which, in the opinion of the Minister, are representative of—

(a) the interests of transport users,

(b) the interests of people with disabilities, or

(c) persons whose professions or occupations relate to transport, land use planning, urban design, architecture or civil engineering.

(7) A prescribed organisation shall, whenever so requested by the Minister, select such number (not being less than 2 and always being an even number) of candidates as the Minister may specify for appointment and shall inform the Minister, within such period as the Minister shall specify when making the request, of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(8) (a) In making nominations under subsection (4)(e) or selections under subsection (7), the organisations concerned shall, having regard to relevant experience, nominate or select an equal number of men and women.

(b) In considering persons for appointment under subsection (4), the Minister shall have regard, in so far as is practicable, to relevant experience and ensuring an equitable balance between men and women in the composition of the Council.

(9) Subject to subsection (10), in the case of an appointment under subsection (4)(f) to (h) the Minister shall not appoint a person to be an ordinary member of the Council unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment.

(10) Notwithstanding subsection (7) or (9), if—

(a) a prescribed organisation refuses or fails to select any candidate pursuant to a particular request under subsection (7), or

(b) the Minister decides not to appoint as an ordinary member of the Council any of the candidates selected by such organisations pursuant to the request,

then the Minister shall either—

(i) appoint as an ordinary member of the Council a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) make a further such request and shall appoint as an ordinary member of the Council a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(11) Where a request is made under subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as an ordinary member of the Council of a person who was selected in relation to that appointment by any of the aforesaid organisations.

(12) The chairperson of the Council shall chair the meetings of the Council and, in the event of the chairperson being unable to attend a meeting of the Council or of the office of chairperson being vacant, the ordinary members who are present shall choose one of their number to chair the meeting.

(13) An appointment under this section, including the appointment of the chairperson, shall be for a period not exceeding 5 years as may be specified by the Minister when making the appointment and on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Finance.

(14) Where an ordinary member of the Council appointed under—

(a) subsection (4)(a) ceases to be the manager or an officer of the city or county council concerned,

(b) subsection (4)(b) ceases to be a member of the Garda Síochána, or

(c) subsection (4)(c) or (d) ceases to be a member of the city or county council or the regional authority concerned,

during the term of office specified by the Minister under subsection (13) in relation to that ordinary member, the person’s appointment as such member is terminated with effect from the date of the cessation.

(15) A member of the Council, including the chairperson, shall be paid, out of moneys at the disposal of the Authority, such allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

(16) A member of the Council, including the chairperson, whose term of office expires by the passage of time shall be eligible for re-appointment, subject to subsection (14).

(17) Subject to this section, the Council shall regulate its own procedure and business.

(18) The Authority shall provide all reasonable facilities and services as may be required by the Council for the carrying out of its functions.

(19) The Council may act notwithstanding a vacancy or vacancies in its membership.

(20) The Minister shall fix the date, time and place of the first meeting of the Advisory Council and the members of the Council shall decide on the frequency of all further meetings, subject to its meeting at least 4 times a year.

(21) The chairperson or an ordinary member of the Council may at any time—

(a) resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of receipt of the letter, whichever is later, or

(b) be removed from membership of the Council by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Council of its functions.

(22) The Minister shall by order appoint a day to be the appointed day for the purposes of this section.

18 .— (1) The functions of the Council are to—

(a) consider and make recommendations to the Authority on a—

(i) draft transport strategy, and

(ii) draft integrated implementation plan,

(b) monitor the implementation of the transport strategy and the integrated implementation plan and make any recommendations it considers appropriate to the Authority,

(c) consider and make recommendations to the Authority on a draft strategic traffic management plan,

(d) monitor the implementation of the strategic traffic management plan and make any recommendations it considers appropriate to the Authority, and

(e) make recommendations to the Authority in relation to the discharge of any of its functions.

(2) The Authority shall consider the recommendations of the Council under this section and may accept or reject in whole or in part a recommendation of the Council.

(3) Where the Authority rejects a recommendation of the Council in whole or in part, it shall state the reasons for such rejection to the Council.

(4) (a) The Authority shall publish any recommendations made by the Council under subsection (1) and any reasons stated by it under subsection (3).

(b) Publication by the Authority on its website shall constitute compliance with paragraph (a).

(5) The Minister or the Authority may consult with or seek the advice of the Council on any matter arising in relation to the exercise of the functions of the Authority.

(6) The Council shall be entitled to be informed at each of its meetings about the work of the Authority, provided that disclosure of such information shall not, in the opinion of the Authority—

(a) relate to matters which the Authority consider to be of a commercially sensitive nature,

(b) could impede the present or future performance of its functions, or

(c) be in breach of section 38 .

19 .— (1) There shall be a chief executive officer of the Authority (“ chief executive ”).

(2) The chief executive shall carry on and manage, and control generally, the staff, administration and business of the Authority and perform such other functions (if any) as may be determined by the Authority.

(3) The chief executive—

(a) shall be appointed by the Authority in accordance with procedures determined by the Authority, and

(b) may be removed from office at any time for stated reasons by the Authority,

with the consent of the Minister.

(4) The chief executive shall hold office for such term and upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority with the consent of the Minister given with the approval of the Minister for Finance.

(5) The chief executive shall not hold any other office or position without the consent of the Authority.

(6) Where a competition to appoint a chief executive is held prior to the establishment day the successful candidate may be appointed by the Minister as the chief executive designate of the Authority.

(7) Notwithstanding subsection (3)(a), the chief executive designate shall be appointed chief executive on the establishment of the Authority.

(8) The chief executive shall provide the Authority with such information, including financial information, in relation to the performance of his or her functions as the Authority may from time to time require.

(9) The functions of the chief executive may be performed in his or her absence or when the position of chief executive is vacant by such member of the staff of the Authority as may from time to time be designated for that purpose by the Authority.

20 .— (1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the approval of the Minister and the Minister for Finance.

(2) A member of the staff of the Authority (other than the chief executive) shall—

(a) be paid such remuneration (including allowances for expenses) as the Authority may determine with the approval of the Minister and the Minister for Finance, and

(b) hold his or her office or employment on such other terms and conditions as the Authority may determine.

(3) The categories of the staff of the Authority and the numbers of staff in each category shall be determined by the Authority.

(4) The chairperson of the Authority shall report to the Minister each year regarding the exercise of its responsibilities under subsections (1), (2) and (3).

(5) A member of the staff of the Authority shall not be a civil servant within the meaning of the Civil Service Regulation Acts 1956 to 2005.

(6) Notwithstanding subsection (5), officers of the Minister may be seconded to the Authority, at its request and at the discretion of the Minister, for a period not exceeding 2 years.

(7) The Authority may at any time remove any member of the staff of the Authority from being a member of its staff where that person fails to perform his or her functions satisfactorily.

(8) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any member of the staff of the Authority arising from a failure to perform or to comply with any of the functions conferred on the Authority by this Act.

21 .— (1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) A scheme made under this section shall make provision for appeals.

(6) No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such benefit to a member of the staff of the Authority, otherwise than in accordance with a scheme under this section, or otherwise as may be approved of by the Minister, with the consent of the Minister for Finance.

(7) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons transferred under section 110 shall not be less favourable than those to which they were entitled immediately before the dissolution day.

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person transferred under section 110 , the benefit shall be calculated by the Authority in accordance with such scheme as applied to the person immediately before the dissolution day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and any benefit payable shall take account of both periods of service.

(9) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

22 .— (1) The Authority may, from time to time, engage such consultants or advisers, as it may consider necessary to assist it in the discharge of its functions.

(2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Authority.

23 .— (1) The Schedule to the State Authorities (Public Private Partnership Arrangements) Act 2002 is amended by inserting “Dublin Transport Authority.” at the end of it.

(2) The Schedule (inserted by section 11 of the National Development Finance Agency (Amendment) Act 2007 ) to the National Development Finance Agency Act 2002 is amended by inserting after reference 15 “15A. Dublin Transport Authority.”.

24 .— (1) Such functions of the Authority as it may determine may be performed by a subsidiary and, accordingly, the Authority may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and establish one or more subsidiaries.

(2) The Authority or a subsidiary may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, promote and take part in the formation or establishment of a company, or enter into joint ventures or partnerships for the purpose of fulfilling any of its functions.

(3) The Authority may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

(4) The memorandum and articles of association of a subsidiary shall be in such form consistent with this Act as may be determined by the Authority, with the consent of the Minister and the Minister for Finance.

25 .— (1) The Minister may make available to the Authority, on a request being made by the Authority, such staff, premises, equipment, services or other resources, as the Minister may determine from time to time in consultation with the Minister for Finance.

(2) The Authority shall, on request from the Minister, pay to the Minister such sum or sums as the Minister may specify to be the expenses incurred by the Minister in making available to the Authority such staff, premises, equipment, services or other resources under subsection (1).

(3) Where the Minister makes available to the Authority under subsection (1) any officer of the Minister, that officer remains an officer of the Minister and shall not be considered to be a member of the staff of the Authority.

26 .— (1) The Minister may, from time to time, give policy directions in writing to the Authority regarding any of its functions under this Act. The Authority shall comply with any such direction in the performance of its functions.

(2) The Minister may give a policy direction in writing to a subsidiary of the Authority. The subsidiary shall comply with any such direction.

(3) Where the Minister gives a direction under this section a notice of the giving of the direction and the details of it shall be—

(a) laid before each House of the Oireachtas, as soon as may be, after it is given, and

(b) published in the Iris Oifigiúil within 28 days of giving it and in such other manner as the Minister considers appropriate (including on the internet).

27 .— (1) The Minister may, at any time, issue guidelines in writing to the Authority regarding any of its functions under this Act. The Authority shall have regard to such guidelines in the performance of its functions.

(2) The Minister may issue guidelines in writing to a subsidiary of the Authority. The subsidiary shall have regard to such guidelines.

(3) Where the Minister issues a guideline under this section a notice of the issuing of the guideline and the details of it shall be—

(a) laid before each House of the Oireachtas, as soon as may be, after it is given, and

(b) published in the Iris Oifigiúil within 28 days of giving it and in such other manner as the Minister considers appropriate (including on the internet).

28 .— (1) The Authority shall, on receipt of a request from the Minister, provide—

(a) advice (including advice in relation to transport outside the functional area of the Authority), or

(b) services (including services of staff),

to the Minister on such terms and conditions (including payment for such advice or services) as may be agreed and the Minister may avail of such advice or services.

(2) The Authority may provide services (including services of staff) to a local authority or other persons on such terms and conditions (including payment for such services) as may be agreed.

(3) The Authority may fix, require, take and recover such charges as it thinks fit for services provided by or on behalf of it.

29 .— (1) The Minister may, subject to such conditions as he or she sees fit, in each financial year make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the capital and current expenditure, including administrative expenditure, of the Authority.

(2) Conditions attaching to grants made under subsection (1) may include terms governing repayment of a grant, interest and such other matters as may be determined by the Minister, with the consent of the Minister for Finance.

30 .— (1) The Authority or a subsidiary of the Authority may, from time to time, borrow money for the purpose of carrying out its functions but shall not do so without the consent of the Minister and the Minister for Finance.

(2) The Authority shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Authority, inclusive of any borrowings by subsidiaries of the Authority, may at any time be liable to repay on foot of any liability or liabilities incurred under this section does not, or do not in their aggregate, exceed €1,000,000,000.

(3) For the purposes of this section, moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time such moneys were borrowed.

31 .— (1) Without prejudice to section 6 of the Borrowing Powers of Certain Bodies Act 1996 , the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and on such terms and conditions as he or she thinks fit, the due repayment of any moneys (including moneys in a currency other than the currency of the State, or the payment of interest on such moneys) borrowed by the Authority.

(2) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and

(c) the amount of moneys covered by the guarantee which was outstanding at the end of that year.

(3) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him or her (with interest thereon at such rate or rates as he or she appoints) by the Authority within such period from the date of the advance of the moneys out of the Central Fund as may be specified by that Minister after consultation with the Authority.

(4) Where the whole or any part of moneys required by subsection (3) to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister for Finance shall determine, to the Central Fund out of moneys provided by the Oireachtas.

(5) Notwithstanding the provision of moneys under subsection (4) to repay the amount to the Central Fund, the Authority shall remain liable to the Minister for Finance in respect of that amount, and that amount (with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to him or her by the Authority at such times and in such instalments as he or she appoints.

(6) Moneys paid by the Authority under subsection (3) or (5) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.

32 .— (1) The Authority shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet.

(2) By the end of the third month after the end of each financial year the Authority shall submit accounts for the preceding financial year kept in pursuance of subsection (1) to the Comptroller and Auditor General for audit.

(3) The Authority shall, in writing, produce a report (“ annual report ”) to the Minister each year in relation to the performance of its functions in the preceding financial year.

(4) The annual report shall—

(a) include a copy of the income and expenditure account, the balance sheet and of such other (if any) accounts kept under subsection (1) as the Minister, after consultation with the Minister for Finance, may direct together with a copy of the Comptroller and Auditor General’s report on the accounts,

(b) include such other information regarding the performance of the functions of the Authority as the Minister may from time to time require, and

(c) be made to the Minister within 15 working days after the receipt by the Authority of the Comptroller and Auditor General’s report on the accounts.

(5) The annual report, in every second year, shall include a statement regarding the continued necessity of any subsidiary.

(6) The Minister shall cause copies of the annual report to be laid before each House of the Oireachtas as soon as may be after its receipt by him or her.

(7) The financial year of the Authority shall be the period of 12 months ending on 31 December in any year and, for the purposes of this section and section 29 , the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.

33 .— (1) The Authority may accept gifts of money, land or other property upon such trusts, terms or conditions, if any, as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts, terms or conditions attached to it would be inconsistent with or prejudice the operational independence and effective performance of the functions of the Authority.

(3) The Authority shall include details of any gift that exceeds, in its opinion, such amount as may be directed by the Minister, with the consent of the Minister for Finance, in the annual report for the year in which the gift is accepted.

(4) In subsection (3) “details” includes—

(a) the name of the donor of the gift,

(b) a description of the gift, and

(c) particulars of any trusts, terms or conditions attached to the gift.

34 .— (1) The Authority shall draw up, and may from time to time revise, a code of conduct that is based on best practices so as to ensure good corporate governance in the performance of its functions under this Act.

(2) Where a code of conduct has been drawn up or revised under subsection (1), it shall be submitted by the Authority to the Minister for approval.

(3) The Authority shall publish any code of conduct drawn up or revised under subsection (1) and approved by the Minister under subsection (2).

35 .— (1) A member of the Authority who has—

(a) any interest in any body or concerns with which the Authority has made a contract or proposes to make a contract, or

(b) any interest in any contract which the Authority has made or proposes to make,

shall disclose to the Authority the fact of such interest and the nature thereof, and shall not be present at any deliberation or decision of the Authority relating to the contract.

(2) Where at a meeting of the Authority any of the following matters arise, namely—

(a) an arrangement to which the Authority is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Authority or a proposed such contract or other agreement,

then any Authority member present at the meeting who otherwise than in his or her capacity as such an Authority member is in any way, whether directly or indirectly, interested in the matter—

(i) shall at the meeting disclose to the Authority the fact of such interest and the nature thereof,

(ii) shall take no part in any deliberations of the Authority relating to such matter save to such extent as the chairperson of the meeting at which such deliberations take place may permit, and

(iii) shall not vote on a decision relating to the matter.

(3) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where, at a meeting of the Authority, a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would be a failure by him or her to comply with the requirements of subsection (1) or (2), the question may be determined by the chairperson of the meeting whose decision shall be final and where such a question is so determined particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where the Minister is satisfied that a member of the Authority has failed to comply with a requirement of subsection (1) or (2) he or she may, if he or she thinks fit, remove that member of the Authority from office or take such other action as he or she considers appropriate. Where a person is removed from office under this subsection he or she is disqualified from being a member of the Authority or a director of a subsidiary of the Authority.

36 .— (1) A director of a subsidiary who has—

(a) any interest in any body or concerns with which the subsidiary has made a contract or proposes to make a contract, or

(b) any interest in any contract which the subsidiary has made or proposes to make,

shall disclose to the subsidiary the fact of such interest and the nature thereof, and shall not be present at any deliberation or decision of the subsidiary relating to the contract.

(2) Where at a meeting of the directors of a subsidiary any of the following matters arise, namely—

(a) an arrangement to which the subsidiary is a party or a proposed such arrangement, or

(b) a contract or other agreement with the subsidiary or a proposed such contract or other agreement,

then any director present at the meeting who otherwise than in his or her capacity as such a director is in any way, whether directly or indirectly, interested in the matter—

(i) shall at the meeting disclose the fact of such interest and the nature thereof,

(ii) shall take no part in any deliberations of the directors relating to such matter save to such extent as the chairperson of the meeting at which such deliberations take place may permit, and

(iii) shall not vote on a decision relating to the matter.

(3) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where, at a meeting of the directors of a subsidiary, a question arises as to whether or not a course of conduct, if pursued by a director, would be a failure by him or her to comply with the requirements of subsection (1) or (2), the question may be determined by the chairperson of the meeting whose decision shall be final and where such a question is so determined particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where the Authority is satisfied that a director of a subsidiary has failed to comply with a requirement of subsection (1) or (2) the Authority may, if it thinks fit, remove that director from office or take such other action as it considers appropriate. Where a person is removed from office under this subsection he or she is disqualified from being a member of the Authority or director of a subsidiary.

(6) Section 194 of the Companies Act 1963 does not apply to a director of a subsidiary.

37 .— (1) Where a member of staff of the Authority or a subsidiary or any other person engaged by the Authority or by a subsidiary has an interest, otherwise than in his or her capacity as such a member, or under their terms of engagement, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Authority or the subsidiary is a party, he or she shall—

(a) disclose to the Authority or the subsidiary, as the case may be, his or her interest and the nature thereof,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members, or members of the staff, of the Authority or the subsidiary in relation thereto, and

(c) make no recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to contracts, or proposed contracts, of employment of members of the staff of the Authority with the Authority or of members of staff of a subsidiary with a subsidiary.

(3) Where a person to whom subsection (1) applies fails to comply with a requirement of that subsection then—

(a) the Authority, where the person is a member of the staff of the Authority or any other person engaged by the Authority, or

(b) the board of a subsidiary, where the person is a member of the staff of the subsidiary or any other person engaged by it,

shall decide the appropriate action (including removal from office or termination of contract) to be taken.

38 .— (1) Save as otherwise provided by law, a person shall not, without the consent of the Authority or a subsidiary, disclose confidential information obtained by him or her while performing duties as a member of the Authority or a director of a subsidiary, or as a member of the staff of, or when otherwise engaged by, the Authority or subsidiary, unless he or she is duly authorised by the Authority or subsidiary to do so.

(2) In this section “confidential information” includes information that is expressed by the Authority or subsidiary to be confidential either as regards particular information or as regards information of a particular class or description.

(3) A person who contravenes subsection (1) commits an offence.

(4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Authority or subsidiary or by or on behalf of the Authority or subsidiary to the Minister.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by inserting at the end of Part 1:

(a) in column (2), “Dublin Transport Authority Act 2008”, and

(b) in column (3), “ Section 38 ”.

39 .— (1) A person who communicates with a member of the Authority or a director of a subsidiary or with a member of staff of the Authority or a subsidiary, or with any other person engaged by the Authority or a subsidiary, for the purpose of influencing improperly his or her consideration of any matter which falls to be considered by the Authority or subsidiary commits an offence.

(2) If a person to whom a communication is made becomes of opinion that a communication is in contravention of subsection (1), it is his or her duty not to entertain the communication further and he or she shall inform forthwith the chairperson of the Authority in writing of the substance of such communication and the chairperson shall acknowledge in writing the receipt of such information.

40 .— (1) Where a member of the Authority—

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

(b) is elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she ceases to be a member of the Authority.

(2) Where the chief executive of the Authority—

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

(b) is elected as a member of 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 the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority,

he or she ceases to be chief executive of the Authority.

(3) Where a member of staff of the Authority or a subsidiary—

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

(b) is elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority,

he or she stands seconded from his or her employment by the Authority or subsidiary and shall not be paid by, or be entitled to receive from, the Authority or subsidiary remuneration or allowances in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or such Parliament or such local authority.

(4) A person to whom subsection (3) refers may stand seconded for a period of no longer than 10 years.

(5) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament is, while he or she is so entitled or is such a member, disqualified from becoming a member of the Authority.

(6) Without prejudice to the generality of subsection (3), that subsection shall be construed as prohibiting, among other things, the reckoning of a period therein mentioned as service with the Authority for the purpose of any superannuation benefits.

41 .— (1) The chief executive shall, whenever required by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) From time to time, and whenever so requested, the chairperson and chief executive shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions.

42 .— (1) The Authority shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority, the functions of which have, or may have, a bearing on the matters with which the Authority is concerned.

(2) In this section “public authority” means the Minister, the Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Authority, has functions that have, or may have, a bearing on matters with which the Authority is concerned.

43 .— No action or other proceedings shall lie or be maintainable against—

(a) the Authority or a subsidiary of the Authority,

(b) a person performing functions delegated to it by the Authority,

(c) a public transport authority performing functions on behalf of the Authority, or

(d) a person providing services to the Authority,

for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure of the Authority to perform or to comply with any of the functions conferred on it.