PART III

Custom House Docks Development Authority

8. —(1) There shall be established, on such day as may be appointed for the purpose by the Minister by order, a body which shall be known as the Custom House Docks Development Authority (in this Act referred to as “the Authority”) to perform, in relation to the Custom House Docks Area, the functions assigned to the Authority by or under this Act.

(2) The Authority shall consist of a chairman and four ordinary members.

(3) 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.

(4) (a) The Authority shall, as soon as may be after its establishment, provide itself with a seal, which shall be authenticated by the signature of the chairman of the Authority or of an ordinary member authorised by the Authority to act in that behalf.

(b) All courts shall take judicial notice of the seal of the Authority and every instrument purporting to be an instrument made by the Authority and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (a) of this subsection) shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is shown.

9. —(1) (a) It shall be the general duty of the Authority to secure the redevelopment of the Custom House Docks Area and for that purpose it shall have the following functions—

(i) to acquire, hold and manage land in that Area for its development, redevelopment or renewal either by the Authority or by any other person;

(ii) to prepare a scheme or schemes for the development, redevelopment or renewal of land in the Area;

(iii) to develop, redevelop or renew, or secure the development, redevelopment or renewal of, any land in that Area or otherwise to secure the best use of any such land;

(iv) to dispose of land—

(I) on completion of its development, redevelopment or renewal under this Act,

(II) to secure its development, redevelopment or renewal, or

(III) to secure its best use;

(v) to provide such infrastructure and to carry out such works of amenity development or environmental improvement as, in the opinion of the Authority, may be required to encourage people to work, shop or reside in that Area or otherwise to use the facilities provided in that Area.

(b) Paragraph (a) of this subsection shall not be construed as prejudicing the generality of section 8 (3) insofar as it applies to the acquisition, holding and disposal of land.

(2) Without prejudice to the generality of subsection (1) or to any provision of this Act, apart from this section, the Authority may carry on any activity which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, the performance by it of any of its functions under this Act.

(3) In addition to the functions assigned to it by subsection (1), the Authority shall have such other functions related to securing the redevelopment of the Custom House Docks Area as for the time being stand assigned to it by the Minister by order made after consultation with the appropriate Minister.

(4) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the purposes of the functions assigned to it by or under this Act, or for purposes incidental to those purposes.

(5) (a) For the purpose of enabling the Authority to perform its functions, the Authority may make arrangements for the supply to it by the Minister or any other statutory body of any service required by the Authority and the Minister or other statutory body may supply, and the Authority may avail of, services for which arrangements are made under this subsection.

(b) In this subsection “service” includes the use of premises or equipment and the use of services of employees.

(6) The Minister may, from time to time, give to the Authority a general directive in writing as to policy regarding the performance of any of the functions assigned to it by or under this Act, and the Authority shall in performing its functions have regard to any such directive.

(7) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance, in a particular case or in particular circumstances, by the Authority of a function assigned to it by or under this Act.

10. —(1) The Minister shall appoint the chairman and ordinary members of the Authority.

(2) (a) The Minister shall, when appointing a chairman of the Authority, fix his term of office, and subject to subsections (5) and (8), the chairman of the Authority shall hold his office on such terms as the Minister, with the consent of the Minister for the Public Service, determines.

(b) The Minister shall, when appointing an ordinary member of the Authority, fix the member's term of office and, subject to subsections (6) and (8), the member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for the Public Service, determines.

(3) A chairman or ordinary member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment.

(4) The chairman and ordinary members of the Authority shall be paid by the Authority such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines.

(5) (a) The chairman of the Authority may resign from office by letter addressed to the Minister and the resignation shall take effect from the date of the receipt of the letter by the Minister.

(b) The Minister may remove from office the chairman of the Authority if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Authority of its functions.

(6) (a) An ordinary member of the Authority may resign from office by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

(b) The Minister may remove from office an ordinary member of the Authority if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Authority of its functions.

(7) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a representative in the Assembly of the European Communities, or

(c) a member of a local authority,

shall be disqualified from being appointed chairman or an ordinary member of the Authority.

(8) Where the chairman or an ordinary member of the Authority—

(a) is nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,

(b) is elected as a member of the Assembly of the European Communities or is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Assembly to fill a vacancy, or

(c) becomes a member of a local authority,

he shall thereupon cease to be chairman or an ordinary member of the Authority.

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

(2) The Minister shall fix the date, time and place of the first meeting of the Authority.

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

(4) The chairman of the Authority and each ordinary member of the Authority at a meeting thereof shall have a vote.

(5) At a meeting of the Authority—

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

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

(6) Every question at a meeting of the Authority shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the chairman of the meeting shall have a casting vote.

(7) Subject to subsection (3), the Authority may act notwithstanding a vacancy among its members.

(8) Except as otherwise provided by this section, the Authority shall regulate its procedure and business.

(9) The Authority may perform any of its functions through or by any of its members duly authorised by the Authority in that behalf, or through or by any other person duly appointed by the Authority in that behalf.

12. —(1) (a) The Authority shall as soon as may be prepare a planning scheme for the Custom House Docks Area.

(b) The Authority may at any time prepare a scheme amending a scheme under this section.

(2) A scheme under this section shall consist of a written statement and a plan indicating the manner in which the Authority considers that the Custom House Docks Area should be redeveloped and in particular—

(a) the nature and extent of the proposed development,

(b) the proposed distribution and location of uses,

(c) proposals in relation to the overall design of the proposed development, including the maximum heights and the external finishes of structures, and

(d) proposals relating to the roads lay-out, the provision of parking places and traffic management.

(3) In preparing a scheme under this section the Authority shall—

(a) comply with any general directive that may be given to it under section 9 (6),

(b) consult with Dublin Corporation,

(c) have regard to the development plan made by Dublin Corporation,

(d) make arrangements for the making of submissions by interested persons in relation to the scheme and the consideration by the Authority of any such submissions.

(4) A scheme under this section shall be submitted by the Authority to the Minister for approval and a copy thereof shall be sent to Dublin Corporation at the same time.

(5) Where a scheme under this section is submitted to him by the Authority, the Minister shall consider any objections that may within one month of the sending of the copy to Dublin Corporation be made to the scheme by the said Corporation and may modify the scheme in such manner and to such extent as he thinks proper and may approve the scheme or the scheme as so modified.

(6) Each of the following shall be exempted development for the purposes of the Act of 1963—

(a) the carrying out by the Authority of any development in the Custom House Docks Area which is consistent with a scheme prepared and approved under this section;

(b) the carrying out of any development in the Custom House Docks Area by a person other than the Authority and which is certified by the Authority to be consistent with a scheme prepared and approved under this section.

13. —(1) The Minister may, after consultation with the Minister for Communications, by order transfer from the Board to the Authority land situated in the Custom House Docks Area together with all rights, powers and privileges relating to or connected with such land.

(2) (a) Where an order is made under this section, there shall be payable to the Board by the Authority a sum of money in respect of the transfer of the land to which the order relates, and such sum of money shall be determined by the Minister, with the consent of the Minister for Communications and the consent of the Minister for Finance.

(b) For the purposes of a determination under this subsection, the value of the land shall be taken to be the amount which the land, if sold in the open market by a willing seller, might have been expected to realise immediately before the 23rd day of October, 1985.

(3) An order under this section shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land to which the order relates.

(4) (a) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of land effected by the order, including provision for the modification, adaptation or other amendment of any enactment.

(b) Without prejudice to the generality of paragraph (a) of this subsection, an order under this section may provide that the land to which the order relates shall, on the coming into operation of the order, cease to be within both the limits of the Harbour of Dublin and the limits of the Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869.

(5) Where an order under this section is made, the land to which the order relates shall, without any further conveyance or assignment, become and be vested in the Authority for all the estate and interest of the Board.

(6) A provision in any enactment apart from this Act shall neither be construed as affecting or preventing, nor shall it operate to affect or prevent, a transfer of land effected by an order made under this section.

(7) Section 12 of the Finance Act, 1895 shall not apply to any transfer of land by virtue of an order made under this section.

14. —(1) Subject to subsection (2), the Minister may, in each financial year, after consultation with the Authority in relation to its programme of capital and current expenditure for the 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 of the Authority.

(2) A grant under this section shall not be made after the expiration of two years from the day appointed by the Minister by order under section 8 (1).

15. — (1) The Authority may, with the approval of the Minister, given with the consent of the Minister for Finance, borrow money for the purpose of providing for current or capital purposes.

(2) Any moneys borrowed by the Authority pursuant to this section and any interest accruing thereon may be secured on the revenue, funds or property of the Authority.

(3) The aggregate at any one time of sums borrowed under this section and which have not been repaid shall not exceed £10,000,000.

16. —(1) For the purpose of enabling the Authority to perform its functions, the Minister for Finance may, on the recommendation of the Minister, advance from time to time to the Authority out of the Central Fund or the growing produce thereof such sums as the Authority may from time to time request.

(2) Advances under this section shall be made on such terms as to repayment, interest and other matters as may be determined by the Minister for Finance.

(3) The aggregate at any one time of sums advanced under this section and which have not been repaid shall not exceed £5,000,000.

(4) All sums paid by the Authority in repayment of an advance under this section or in pursuance of any term or condition subject to which such an advance was made, shall be paid into or disposed of for the benefit of the Exchequer.

(5) The Minister for Finance may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for the purpose and, for the purpose of such borrowing, he may create and issue securities bearing interest at such rate and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay all moneys so borrowed into the Exchequer.

(6) The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of the securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

17. —(1) (a) The Minister may, from time to time, with the consent of the Minister for Finance, give to the Authority a general directive in writing specifying the financial objectives of the Authority, specifying the manner in which the Authority shall conduct its financial affairs and requiring the application of profits or other income or funds of the Authority in such manner (including application for the benefit of the Exchequer) as may be specified in the directive.

(b) The Authority shall, in performing its functions, comply with any directive given to it under this section.

(c) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance, in particular circumstances, by the Authority of a function assigned to it by or under this Act.

(2) Subsection (1) shall not be construed as imposing on the Authority, either directly or indirectly, a duty or liability which may be the subject of any legal proceedings.

18. —(1) 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.

(2) Accounts kept in pursuance of this section shall, at such times as the Minister shall direct, be submitted for audit by the Authority to an auditor appointed by the Authority with the approval of the Minister, given with the consent of the Minister for Finance, to audit the accounts, and when duly audited shall be presented by the Authority to the Minister who shall cause copies of the accounts to be laid before both Houses of the Oireachtas.

19. —(1) The Authority shall, not later than the 30th day of September in each year, make a report to the Minister of its proceedings during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Authority shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.

20. —(1) The Authority shall appoint such and so many persons to be employees of the Authority as the Authority, subject to the approval of the Minister as to the number and classes of such employees, from time to time thinks proper.

(2) An employee of the Authority shall hold his employment on such terms and conditions as the Authority, subject to the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

(3) There shall be paid by the Authority to its employees out of moneys at its disposal such remuneration and allowances for expenses as the Authority, subject to the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

(4) Subject to the approval of the Minister given with the consent of the Minister for the Public Service, the Authority may, in relation to employees of the Authority, or in relation to a class or classes of employees of the Authority, make such provision as it considers appropriate in relation to the superannuation of the employees or in relation to the superannuation of a class or classes of employees.

(5) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a representative in the Assembly of the European Communities, or

(c) a member of a local authority,

shall be disqualified from becoming an employee of the Authority.

(6) Where a person who is an employee of the Authority—

(a) is nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,

(b) is elected as a member of the Assembly of the European Communities, or is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Assembly to fill a vacancy, or

(c) becomes a member of a local authority,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances—

(i) in case he is nominated as a member of Seanad Éireann, or is elected as a member of either such House, in respect of the period commencing on such nomination or election, as the case may be, and ending when he ceases to be a member of either such House;

(ii) in case he is elected as a member of, or is regarded as having been elected to, such Assembly, in respect of the period commencing on such election and ending when he ceases to be a member of such Assembly, or

(iii) in case he becomes a member of a local authority, in respect of the period commencing on his becoming a member of the local authority and ending when he ceases to be a member of that authority.

21. —Subject to such conditions (if any) as may for the time being stand specified for the purposes of this section by the Minister, the Authority may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions, and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Authority out of moneys at its disposal.

22. —(1) The Minister may by order (in this section referred to as a “dissolution order”) provide for the dissolution of the Authority.

(2) A dissolution order shall contain such provisions as the Minister considers necessary or expedient consequent on the dissolution effected by the order and, in particular, may make provision for—

(a) the transfer or distribution of the property, rights and liabilities of the Authority to one or more than one statutory body: provided no transfer or distribution of the property, rights or liabilities shall take place without the consent of the person to whom property, rights or liabilities are transferred or distributed,

(b) the substitution for the name of the Authority of the name of any appropriate person in any legal proceedings which are pending at the date of the said dissolution order and to which the Authority is a party and the proceedings shall not abate by reason of the substitution: provided that no substitution of name shall take place without the consent of the person whose name is substituted, and

(c) the transfer, notwithstanding any restriction contained in any other Act but subject to subsection (3), of any employee of the Authority to an employment under a statutory body, being an employment similar to that in which he was engaged under the Authority: provided that no such transfer shall take place without the consent of the said employee or the consent of the said statutory body.

(3) A dissolution order shall not contain a provision transferring an employee to an employment under a Department of State except with the consent of the Minister for the Public Service.

(4) A dissolution order shall not be construed as affecting any obligation imposed on a local authority by section 7 (4).