Roads Act, 1993

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THIRD SCHEDULE

The National Roads Authority

Section 42. .

1.—(1) The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in or right in relation to land.

(2) The power to acquire land in paragraph (1) shall not extend to the acquisition of land for a national road, save as is provided for in sections 19 (7) and 20 (5) .

(3) Before acquiring or disposing of land or an interest therein under paragraph (1), the Authority shall obtain an independent valuation of the land or interest therein.

2.—(1) As soon as may be after its establishment, the Authority shall provide itself with and retain in its possession a seal of the Authority.

(2) The seal of the Authority shall be authenticated by the signature of the Chairman or a member of the Authority authorised by the Authority to act in that behalf or by the signature of a person employed by the Authority authorised by the Authority to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the Authority shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.

3.—(1) Subject to the provisions of this Act, the Authority shall regulate, by standing orders or otherwise, its procedure or business.

(2) Notwithstanding paragraph (1), the quorum for a meeting of the Authority shall be three sevenths of the membership of the Authority calculated to the nearest whole number.

4.—(1) The Authority shall, not later than the 30th day of June in each year submit to the Minister a report on the performance of its functions under this Act during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The report made to the Minister under paragraph (1) shall contain such information as the Minister may direct regarding the functions of the Authority under this Act.

(3) The Authority shall supply the Minister with such information regarding the performance of its functions as he may from time to time require.

5.—(1) The Authority shall, in relation to each financial year, or such other period as the Minister may specify, prepare and send to the Minister (not later than a date specified by the Minister) an estimate of its total expenditure and receipts, and every such estimate shall be in such form and accompanied by such additional information relating to that estimate as the Minister may require.

(2) The Authority shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister with the consent of the Minister for Finance may from time to time direct.

(3) Accounts kept under paragraph (2) shall, on or before such date as the Minister shall direct, be submitted annually by the Authority to the Comptroller and Auditor General for audit and immediately after such audit a copy of the accounts and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies of such accounts and report to be laid before each House of the Oireachtas.

6.—The Authority may perform any of its functions through or by any of the persons employed by it or any of the persons whose services are provided to it under section 32 duly authorised by the Authority in that behalf.

7.—(1) The Authority may from time to time appoint such and so many committees as it thinks proper.

(2) The Authority may, with the consent of the Minister, delegate to a committee appointed under paragraph (1) any of its functions which, in its opinion, can be better or more conveniently performed by a committee.

(3) A committee appointed under paragraph (1) shall consist of such number of members as the Authority thinks proper and may, at the discretion of the Authority, consist partly of persons who are members of the Authority and partly of persons who are persons employed by the Authority or whose services are provided to it under section 32 or who are engaged as consultants or advisers by the Authority.

(4) A member of a committee appointed under paragraph (1) may be removed from such membership at any time by the Authority.

(5) The Authority may at any time dissolve a committee appointed under paragraph (1).

(6) (a) The Authority may regulate the procedure of committees appointed under paragraph (1) but, subject to any such regulation, committees established under this article may regulate their own procedure.

(b) Notwithstanding subparagraph (a), the quorum for a meeting of a committee appointed under paragraph (1) shall be three sevenths of the membership calculated to the nearest whole number.

8.—(1) The Authority may from time to time appoint one or more than one consultative group to advise the Authority in relation to any of its functions.

(2) A consultative group appointed under paragraph (1) shall consist of such number of persons as the Authority thinks proper and may, at the discretion of the Authority, include persons who are members of the Authority, persons who are employed by the Authority, persons whose services are provided to the Authority under section 32 , persons who are engaged as consultants or advisers by the Authority and other persons.

(3) A member of a consultative group appointed under paragraph (1) may be removed from such membership at any time by the Authority.

(4) The Authority may at any time dissolve a consultative group appointed under paragraph (1).

9.—The Authority may from time to time engage such consultants, advisers or other persons as it considers necessary for the discharge of its functions.

10.—The Authority may accept gifts of money, land or other property upon such trusts and conditions (if any) as may be specified by the donor, but shall not accept a gift if any such trust or condition is inconsistent with the functions of the Authority.

11.—The Authority may charge fees of such amounts as may from time to time be determined by it for or in connection with services rendered by it.

12.—(1) Where the Authority proposes to enter into a contract for construction or maintenance works on a national road rather than to arrange for the performance of that function by the relevant road authority, it shall, where the cost of the proposed contract exceeds an amount prescribed from time to time by the Minister, seek tenders before entering into such contract.

(2) (a) The Authority shall, as soon as may be after the commencement of this article, prepare draft rules specifying the procedure to be followed in regard to the seeking, reception and examination of all tenders which the Authority is required to seek by virtue of paragraph (1).

(b) The draft rules made under subparagraph (a) shall be submitted to the Minister who may approve them, approve them with modifications or refuse to approve them.

(c) Rules approved by the Minister under subparagraph (b) shall come into effect on notification to the Authority of their approval.

(d) The Authority may, with the approval of the Minister, amend rules made under this paragraph.

(e) The Minister shall not give his approval under this paragraph save with the consent of the Minister for Finance.

(3) The Authority shall seek, receive and examine all tenders to which rules made under paragraph (2) relate in accordance with the procedure specified by such rules.