Taxi Regulation Act 2003

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Functions of Council.

55.—(1) It shall be the duty generally of the Council to advise the Commission or the Minister, as appropriate, in relation to issues relevant to small public service vehicles and their drivers.

(2) Without prejudice to the generality of subsection (1), the Council may provide advice from time to time—

(a) to the Commission in relation to—

(i) proposals for regulations, standards, codes of practice in relation to small public service vehicles and their drivers submitted by the Commission to the Council for advice,

(ii) matters relating to the delivery of quality services by small public service vehicles and their drivers,

(iii) the preparation and review of the Commission strategy statement, and

(iv) any other matters related to the functions of the Commission or which the Commission submits to the Council for advice, other than matters related to decisions of the Commission in individual cases,

(b) to the Minister in relation to—

(i) policy relevant to small public service vehicles and their drivers,

(ii) proposals for legislation or regulations in relation to small public service vehicles and their drivers submitted by the Minister to the Council for advice,

(iii) the assignment of specific functions relating to small public service vehicles and their drivers to the Commission, and

(iv) any other matter which, in the opinion of the Council, is relevant to the effective performance by the Council or by the Commission of its functions or which the Minister submits to the Council for advice.

(3) The Commission or the Minister, as appropriate, may consider the advice of the Council given under this section but shall not be bound to act on it.

(4) The Commission may consult with or seek the advice of the Council on any matter relating to small public service vehicles and their drivers or to the effective performance by the Commission of its functions.

(5) The Minister may consult with or seek the advice of the Council on any matter arising in relation to his or her functions with respect to small public service vehicles and their drivers.

(6) Where the advice of the Council is sought by the Commission or the Minister under this Act, neither body shall be required to await the receipt of such advice of the Council before exercising its functions under this Act, once a reasonable period to facilitate the giving of such advice has elapsed.

(7) The Council shall be entitled to be informed at its meetings about the work of the Commission provided that disclosure of such information shall not be in breach of section 21 .

(8) (a) The chairperson or ordinary members of the Council shall not disclose confidential information obtained by him or her as a member of the Council.

(b) In this subsection “confidential information” includes information that is expressed by the Commission or the Minister to be confidential either as regards particular information or as regards information of a particular class or description.

(9) A person who fails to comply with subsection (8) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(10) Proceedings for an offence under subsection (9) may be brought and prosecuted summarily by the Commission.