Road Traffic Act, 2002
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Performance of certain functions. |
14.—(1) The Minister may, by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person, subject to such terms and conditions (if any) as may be so specified, of such functions as may be so specified. | |
(2) An agreement under this section may, in particular and without prejudice to the generality of subsection (1), make provision in relation to all or any of the following matters: | ||
(a) the fees (if any) to be charged by the person performing a function in pursuance of the agreement on those in relation to whom the function is performed or on the person on whom the function was originally conferred, | ||
(b) the payments (if any) to be made to the person on whom the function was originally conferred by the person performing the function in pursuance of the agreement, and | ||
(c) the disposal of any such fees and payments as aforesaid. | ||
(3) An agreement under this section shall operate, so long as it continues in force, to confer and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified. | ||
(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the person on whom the function was originally conferred. | ||
(5) A function referred to in subsection (4) shall, notwithstanding the agreement concerned, continue to be vested in the person on whom it was originally conferred but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons. | ||
(6) The conferral on a person by an agreement under this section of a function of the Minister shall not remove or derogate from the Minister's responsibility to Dáil Éireann or as a member of the Government for the performance of the function. | ||
(7) In this section “function” includes a power and a duty; and the references to a function are references to a function conferred on the Minister, a licensing authority, a local authority, a road authority or the Commissioner by, or by a statutory instrument (within the meaning of the Interpretation Act, 1937 ), under the Acts or this Act other than a function of the Minister under this section, or a power to make, approve of, or consult in relation to, the making of, a statutory instrument (within the meaning aforesaid). |