Public Transport Regulation Act 2009

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(3)

The insertion after the definition of “Act of 2002” of the following:

“ ‘ Advisory Committee ’ means the Advisory Committee on Small Public Service Vehicles;”.

The insertion after the definition of “authorised person” of the following:

“ ‘ Authority ’ means Dublin Transport Authority, until the day appointed as the appointed day for the purposes of section 30 of the Public Transport Regulation Act 2009 and from that day National Transport Authority;”.

The deletion of the definition of “ Council ”.

The insertion after the definition of “ Commissioner ” of the following:

“ ‘ dissolution day for the Commission ’ means the day appointed by the Minister under section 31 of the Public Transport Regulation Act 2009 for the dissolution of the Commission for Taxi Regulation;”.

Substitute the following section:

“8.—Subject to this Act, the Authority shall be independent in the exercise of its functions in relation to the development and maintenance of a regulatory framework for the control and operation of small public service vehicles and their drivers.”.

Substitute the following section:

“22.—(1) Where a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Authority in relation to its functions under this Act, he or she—

(a) shall disclose to the Authority the nature of his or her interest in advance of any consideration of the matter,

(b) shall neither influence nor seek to influence a decision in relation to the matter,

(c) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so, and

(d) shall prepare and furnish to the Authority a statement in writing of the compelling reasons.

(2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if he or she or any member of his or her household—

(a) holds a licence,

(b) or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(c) is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or

(d) is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Authority.

(5) Where a disclosure is made to the Authority, particulars of the disclosure shall be recorded in the minutes of any meeting concerned.

(6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.”.

Substitute the following section:

“28.—(1) The Authority shall draw up and adopt a strategy plan reflecting its statutory functions under this Act.

(2) The Authority’s first strategy plan shall have regard to any existing strategy statement adopted by the Commission for Taxi Regulation under this Act or any work done on a new strategy statement before the dissolution day for the Commission.

(3) A strategy plan under this section shall—

(a) be adopted within two years of the establishment of the Authority and every 5 years thereafter,

(b) take into account the principal function and objectives set out in section 9 and any Ministerial direction, and

(c) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority in relation to small public service vehicles and their drivers.

(4) The Authority shall present a copy of a strategy plan to the Minister and to such committees of either or both Houses of the Oireachtas as the Minister may, from time to time, direct.

(5) Prior to the adoption of a strategy plan and its presentation to the Minister, the Authority shall undertake a public consultation process on a draft of the strategy plan.

(6) The Authority shall publish a strategy plan drawn up and adopted under this section.”.

Substitute the following section:

“31.—Subject to section 38 of the Dublin Transport Authority Act 2008 , the Authority may publish any reports or codes of practice on matters related to its functions under this Act.”.

Substitute the following paragraph for paragraph (a):

“(a) meeting the expenses properly incurred by the Authority in the discharge of its functions under this Act, the Dublin Transport Authority Act 2008 and the Public Transport Regulation Act 2009, and”.

Substitute the following subsection:

“54.—(1) The name of the Advisory Council to the Commission for Taxi Regulation (An Chomhairle don Choimisiún um Rialáil Tacsaithe) is changed to, in the English language, the Advisory Committee on Small Public Service Vehicles or, in the Irish language, An Coiste Comhairleach um Beagfheithiclí Seirbhíse Poiblí, and in this Act is referred to as the ‘Advisory Committee’. The Advisory Committee continues in being to perform the functions assigned to it under this Part.”.

In subsection (2), substitute the following paragraphs for paragraph (a)(iii) and (iv):

“(iii) the preparation and review of the strategy plan provided for in section 28,

(iv) the draft transport strategy and draft integrated implementation plan under sections 12 and 13 of the Dublin Transport Authority Act 2008 in relation to issues relevant to small public service vehicles and their drivers, and

(v) any other matters related to the functions of the Authority or which the Authority submits to the Advisory Committee for advice, other than matters related to decisions of the Authority in individual cases,”.

In subsection (7), substitute “ section 38 of the Dublin Transport Authority Act 2008 ” for “section 21”.