dublin mayor - heads of bill

8/14/2019 Dublin Mayor - Heads of Bill

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PART 1

PRELIMINARY AND GENERAL

Head

1. Short title, construction and collective citation

2. Definitions

3. Commencement

4. Repeals, amendments and revocations

5. Savers

PART 2

DUBLIN MAYOR AND REGIONAL AUTHORITY

CHAPTER 1

Establishment of the Dublin Mayor and Regional Authority

6. The Dublin Mayor and Regional Authority

7. The Dublin Region

8. The Deputy Mayor

9. Meetings convenor

10. Mayoral vacancy

11. Resignation of the Mayor or Deputy Mayor

12. Removal of the Mayor from office

13. Removal of the Deputy Mayor from office

CHAPTER 2

Governance and Administrative Arrangements

14. Responsibility of Mayor as head of the Authority

15. Membership of the Authority

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16. Disqualification for nomination, election, appointment and being the Mayor for

Dublin

17. Meetings of the Authority

18. Committees of the Authority

19. Saver for acts of committee

20. Chief executive officer

21. Staff of the Authority

22. Transfer of staff of public authorities

23. Engagement of consultants and advisers

24. Provision of services

25. Annual report

26. Finance and accounts27. Expenses

28. Gifts

29. Immunity of the Authority

30. Mayors salary

31. Pensions

32. Prohibition on unauthorised disclosure

33. Prohibition on certain communications

34. Attendance of public and media at meetings

PART 3

FUNCTIONS OF THE AUTHORITY

CHAPTER 1

General Functions and Objectives of the Authority

35. General objectives of the Authority

36. Principal functions of the Authority

37. Mayoral strategy

38. Powers of Mayor to issue directions and advice

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39. Mayors power to make arrangements for the preparation of a regional plan

40. Mayor reporting to Dublin local authorities

41. Dublin local authority budgets and contracts etc.

42. Joint committees

43. Joint discharge and transfer of functions

44. Power to establish a community fund

45. Review of the Authoritys role and operations

CHAPTER 2

Regional Planning Guidelines

46. Regional planning guidelines for the Greater Dublin Area47. Joint working with the Mid-East Regional Authority

48. Role of the Authority in Relation to development plans and local area plans

49. Dublin Region planning authorities to consider the policies or objectives of the

Authority

CHAPTER 3

Regional Waste Management

50. Waste management planning vested in the Authority

51. Functions of Mayor and members of the Authority in making plan

CHAPTER 4

Regional Water Services

52. Water services planning and other functions vested in the Authority

53. Provision of water services in the region

54. Distribution of water services facilities

55. Functions of Mayor and members of the Authority in making the water services

strategic plan

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CHAPTER 5

Regional Housing

56. Role of the Authority in relation to housing services plans

57. Dublin Region housing authorities to consider the policies or objectives of the

Authority

CHAPTER 6

Regional Bodies

58. Mayor andDublin Transport59. Dublin Regional Development Board

CHAPTER 7

Ministerial Guidelines and Directives

60. Consistency with national objectives etc.

61. Ministerial guidelines

62. Ministerial policy directives

63. Ministerial directions regarding regional plans

PART 4

ELECTION OF MAYOR

CHAPTER 1

Preliminary and General

64. Interpretation

65. Forms

66. Eligibility for office of Mayor

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67. Offence to act as Mayor when disqualified

68. Cesser of holding of office of Mayor

69. Dublin Region Electoral Area

70. Right to vote at mayoral elections

71. Prohibition of plural voting

72. Year, day and time of mayoral election

73. Conduct of election

74. Amendments to certain Acts relating to mayoral elections

75. Election petitions in relation to mayoral elections

CHAPTER 2

Returning Officer

76. Returning officer

77. General duty of returning officer

78. Deputy returning officers

79. Election office

80. Expenses of returning officer

81. Mutual assistance

CHAPTER 3

Manner of Voting

82. Manner of voting

CHAPTER 4

Nominations

83. Application of certain provisions of Part IV of the Regulations of 1995

84. Nomination of candidates

85. Deposit by certain candidates

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86. Return or disposal of deposit

87. Procedure after nominations

CHAPTER 5

Agents of Candidates

88. General provisions as to agents

89. Officers not to act as agents of candidates, further candidature etc.

CHAPTER 6

Death of a Candidate

90. Death of a candidate

CHAPTER 7

Postal Voting

91. Postal voting

CHAPTER 8

Voting by Special Voters

92. Voting by special voters

CHAPTER 9

Polling on Islands

93. Polling on islands

CHAPTER 10

Arrangements for the Poll

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94. Notice of poll

95. Ballot papers

96. The official mark

97. Application of certain provisions of Part X of the Regulations of 1995

98. Polling information cards

CHAPTER 11

The Poll

99. Application of the provisions of Part XI of the Regulations of 1995

CHAPTER 12

Arrangements for the Counting of the Votes

100. Arrangements for the counting of the votes.

CHAPTER 13

Rules for the Counting of the Votes

101. Interpretation (Chapter 13)

102. Invalid ballot papers

103. First count

104. The quota

105. Exclusion of candidate

106. Recount

107. Declaration of result of the poll

108. Return of person elected

109. Decision of returning officer

CHAPTER 14

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Retention, Inspection and Disposal of Documents

110. Application of the provisions of Part XIV of the Regulations of 1995

CHAPTER 15

Electoral Offences

111. Application of the provisions of Part XV of the Regulations of 1995

CHAPTER 16

Spending and Donations at an Election

112. [Matter under consideration.]

CHAPTER 17

Miscellaneous

113. Application of certain provisions of Part XVI of the Regulations of 1995

PART 5

APPLICATION OF LOCAL GOVERNMENT ACTS TO THE AUTHORITY

114. Application of local authority personnel provisions

115. Application of ethical framework

PART 6

DISSOLUTION OF DUBLIN REGIONAL AUTHORITY ESTABLISHED UNDER LOCAL

GOVERNMENT ACT 1991

116. Dissolution of Dublin Regional Authority

117. Transfer of land and other property

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118. Transfer of rights and liabilities

119. Preservation of existing contracts

120. Continuance of legal proceedings

121. References in legislation to Dublin Regional Authority

122. Final accounts

123. Admissibility of evidence

124. Transfer of staffing services to Dublin Regional Authority

PART 7

CHANGING OF PLACENAMES AND DISPLAY OF NAMES OF STREETS ETC.

125. Amendment of Principal Act

PART 8

MISCELLANEOUS

126. Immunity etc. for complainants

SCHEDULE 1

MEETINGS AND PROCEEDINGS OF THE AUTHORITY

SCHEDULE 2

ENACTMENTS REPEALED

SCHEDULE 3

FORM OF BALLOT PAPER

SCHEDULE 4

MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO MAYORAL ELECTIONS

SCHEDULE 5

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CERTIFICATE OF POLITICAL AFFILIATION

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___________________

LOCAL GOVERNMENT (DUBLIN MAYOR

AND REGIONAL AUTHORITY) BILL 2010

___________________

AN ACT TO PROVIDE FOR THE ELECTION OF A

MAYOR FOR DUBLIN AND FOR THEESTABLISHMENT OF A BODY TO BE KNOWN INTHE ENGLISH LANGUAGE AS THE DUBLINREGIONAL AUTHORITY OR IN THE IRISHLANGUAGE AS DARS RIGINACH BHAILETHA CLIATH, TO DEFINE THE FUNCTIONS OFTHE AUTHORITY, AND FOR THAT PURPOSE TOAMEND THE PLANNING AND DEVELOPMENT ACT2000, THE LOCAL GOVERNMENT ACT 2001, THEDUBLIN TRANSPORT AUTHORITY ACT 2008, AND

CERTAIN OTHER ENACTMENTS AND TO PROVIDEFOR THE DISSOLUTION OF THE DUBLINREGIONAL AUTHORITY ESTABLISHD UNDER THELOCAL GOVERNMENT ACT 1991 AND RELATEDMATTERS.

BE IT ENACTED BY THE OIREACHTAS ASFOLLOWS:

Notes:

Standard provision.

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PART 1

PRELIMINARY AND GENERAL

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Head 1

Short title, construction and collective citation

(1) This Act may be cited as the Local Government (Dublin Mayor and Regional Authority)

Act 2010.

(2) The Local Government Acts 1925 to 2009 and this Act shall be read together as one and

this Act shall be included in the collective citation Local Government Acts 1925 to 2009.

Note:

A Standard provision. This ensures that this Bill is read with the generality of the localgovernment code and allows the use of standard provisions, such as the power to makeregulations contained in section 4 of the 2001 Local Government Act, without the need to repeatthose provisions here.

The most recent Local Government Act is the Local Government (Charges) Act 2009, previouslythe Local Government (Roads Functions) Act 2007.

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Head 2

Definitions

In this Act, except where the context otherwise requires

Act of 1996 means the Waste Management Act 1996;

Act of 2000 means the Planning and Development Act 2000;

Act of 2007 means the Water Services Act 2007;

Act of 2008 means the Dublin Transport Authority Act 2008;

Dublin local authority means Dublin City Council, Dun-Laoghaire Rathdown County Council,

Fingal County Council and South Dublin County Council and a reference to Dublin local

authorities shall be construed accordingly;

development agency means the Industrial Development Agency (Ireland), Enterprise Ireland,

or such other body as may be prescribed by the Minister for the purposes of Part 3;

establishment day is to be read in accordance with Head 6(1);

Greater Dublin Area has the meaning assigned to it by the Act of 2008;

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Mid-East Region has the same meaning as in the First Schedule (Regional Areas etc.) to S.I.

No. 394 of 1993, the Local Government Act, 1991 (Regional Authorities) (Establishment) Order

1993;

Principal Act means the Local Government Act 2001;

public authority means-

(a) a Minister of the Government,

(b) the Commissioner of Public Works in Ireland,(c) the Health Service Executive,

(d) a board or other body (but not including a company under the Companies Acts 1963

to 2009) established by or under statute,

(e) a company under the Companies Acts 1963 to 2009 in which all the shares are held-

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (d) or

subparagraph (i) or (ii),

(f) a university or other place of third level education,

(g) such other body as may be prescribed by regulations made by the Minister for the

purposes of any provision of this Act;

meetings convenor has the meaning given to it by Head 9;

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regional plan means a plan, strategy, guidelines or programme made by the Authority under

Part 3, including any regional planning guidelines, waste management plan, or water services

strategic plan made before the commencement of this Act and which relates to the area of the

Dublin Region and which may be reviewed or replaced by the Authority.

Notes:

Standard provision. This head does not repeat definitions in the Principal Act as the Bill is readwith that Act. The following points should be noted:

The Act of 2000 was amended in 2001, 2002, 2006, 2008 and will be amended in 2009/2010 by

the Planning and Development (Amendment) Bill 2009, currently before the Oireachtas.

The term regional plan is intended to encompass the various regional plans, guidelines, etcwhich the Authority will be charged with making, and includes those regional plans which arecurrently in place, whether made by the exiting Regional Authority (i.e. Regional PlanningGuidelines) or by the Dublin Authorities collectively (i.e. the Dublin Waste Regional Plan).

The Mid-East Region is referenced in head 35 (General objectives) and head 47 (Joint workingwith the Mid-East Regional Authority).

For public authority the definition in the LG Act 2001 has been used, excluding harbourauthorities (there are very few, and none within the Dublin Region), and healthboards/authorities (as the HSE is included).

University or other place of third level education is new text, intended to facilitate theAuthoritys interactions with higher education institutions in pursuit of the Authoritys urbanenterprise, innovation and development objectives.

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Head 3

Commencement

This Act shall come into operation on such day or days as may be fixed therefore by any order or

orders of the Minister, either generally or with reference to any particular purpose or provision,

and different days be so fixed for different purposes and different provisions of this Act.

Note:

A Standard provision.

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Head 4

Repeals

(1) The Acts specified in Schedule 2 are repealed to the extent specified in column 3 of that

Schedule opposite the mention of the Act concerned.

Note:

Standard provision. See Schedule 2.

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Head 5

Savers

(1) The repeal or revocation by this Act of any provision of any enactment which is applied

by a provision of any other enactment not so repealed or revoked, shall not affect such

application and accordingly the first-mentioned provision continues to apply and have

effect for the purposes of such application.

Note:

Standard provision.An example of the effect of this provision is in the Committee Stage Brief for the 2001 Act - thelocal inquiry provisions under s.83 of the LG Act 1941 were applied by s.83 of the Health Act1970 to the Health Boards, along with other provisions of the 1941 Act. These applied provisionscontinued to apply to the Health Boards despite the repeal of the LG Act 1941 provided for in the2001 Act. Parliamentary Counsel to consider if this is necessary.

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PART 2

DUBLIN MAYOR AND REGIONAL AUTHORITY

Notes:

This Part is divided into 2 Chapters. The first chapter provides for the introduction of a Mayorfor Dublin and a new basis in primary legislation for a new Regional Authority of Dublin. ThisAuthority will replace the Dublin Regional Authority established by S.I. 394 of 1993 under S.43of the LG Act 1991.

Chapter 2 deals with governance and administrative issues including the membership of theAuthority, the statutory position of the Mayor as head of the Authority, the chief executiveofficer, staffing arrangements, reporting accountability etc.

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CHAPTER 1

Establishment of the Dublin Mayor and Regional Authority

Head 6

The Dublin Mayor and Regional Authority

(1) There shall be a Mayor for Dublin who shall be elected and hold office in accordance with

this Act, and who in this Act is referred to as the Mayor.

(2) There stands established on the establishment day a body to be known in the English

language as the Dublin Regional Authority, or in the Irish language, dars Riginach

Bhaile tha Cliath, and in this Act referred to as the Authority.

(3) (a) The Authority shall consist of the Mayor for Dublin and its members.

(b) The Regional Authority of Dublin shall be appointed in accordance with this Act.

(4) (a) The Authority shall perform the functions assigned to it under this Act, or any other Act.

(b) Functions so assigned are, unless assigned to the members of the Authority, exercisable

by the Mayor acting on behalf of the Authority, in accordance with the provisions of this Act.

(5) The Authority shall stand established on such day as the Minister shall appoint by order.

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(6) The Authority is a body corporate with perpetual succession and a seal and power to sue and

be sued in its corporate name and to acquire, hold, manage, maintain and dispose of land or

any interest in land.

(7) The Authority shall, as soon as may be after its establishment, provide itself with a seal

which shall be judicially noticed and every document claiming to be an instrument made by

it and to be sealed with its seal (claiming to be authenticated in accordance with subsection

(8)) shall be received in evidence and be deemed to be that instrument without further proof

unless the contrary is shown.

(8) The seal referred to insubsection (7) shall be authenticated by the signature of the Mayor or

of an employee of the Authority nominated in writing for that purpose by the Mayor

following consultation with the chief executive.

(9) (a) A Mayor elected in accordance with this Act shall come into office as Mayor on the day

following the day on which the returning officer has declared the result of the poll under

Heads 107 or 87(1)(b), and, subject to the provisions of Heads 10, 11, 12 and 16, shall hold

office as Mayor until the day on which the returning officer declares the result of the next

poll under this Act.

(b)A person who assumes the responsibilities of the office or is appointed as Mayor under

the provisions of Head 10 shall hold office as Mayor until the day on which the returning

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Notes:

This Head is the basic section providing for the Mayor and Regional Authority of Dublin.

(1)Subheads (1), (2) and (3) provide for the Mayor and Regional Authority of Dublin,. Thisinstitution will replace the Dublin Regional Authority established by S.I. 394 of 1993, madeunder section 43 of the Local Government Act 1991. Given that the new Authority will besignificantly more powerful than the existing authority it is proposed to dissolve the Authorityset up under SI. This dissolution and consequential provisions are set in Part 6 of the Heads.(Note: Other regional authorities will continue to exist under the Authority of S.I. 394 of 1993).Provision is based on section 9 of the Dublin Transport Authority Act 2008 and section 16 of theRoads Act 1993. Note the Dublin Regional Authority currently styles itself in Irish as darsRigiunda tha Cliath. However it would be more appropriate to give the full title of Dublin asBaile tha Cliath, and the term Riginach is the more widely used term for Regional

see www.focal.ie for sources.(3) The Authority is described as consisting of the Mayor (who will be directly elected), andthe Authoritys members. [It should be noted that the Greater London Authority Act 1999 provides for a Greater London Authority which consist of the Mayor of London and theAssembly of London. The London Mayor is not a member of the London Assembly but isaccountable to it. The Assembly has its own chair. In the case of Dublin, however, the Mayorwill be both Chair and a member of the Regional Authority.]

(4) Subhead (4) provides for the Authority to perform functions in accordance with the Act. Thisis a standard provision (see last clause of Section 9 (1) DTA Act 2008 or Section 16(1)Roads Act, 1993. However, the provision is set out in a separate subhead to allow forrefinement of the provision is paragraph (b) which provides that functions are exercisableby the Mayor or by the members of the Authority, the default being the Mayor seesection 35(1) Greater London Authority Act but changed to reflect the different structureinvolved in Dublin.

(5)Standard provision for an establishment day see Section 8 DTA Act 2008 or Section 16(2)Roads Act, 1993.

6),(7) and (8). These are based on standard provisions see LG Act 2001 section 11(7) et seq.,DTA Act 2008 Section 9(3) et seq, Roads Act 1993 Third Schedule Para 1 and 2. Note also thatin subhead (8) the Mayor/CEO relationship is reversed from the Cathaoirleach/managerrelationship in LG Act to reflect different reporting arrangements under this Act.

(9) (a) Based in part on s.40(5) of the LG Act 2001. See also s.2(8) of the GLA Act 1999. Head10 provides for a vacancy occurring. Head 11 provides for the resignation of the Mayor. Head 12provides for the removal of the Mayor from office by the members of the Authority. Head 16applies certain disqualifications to a Mayor. The candidate is deemed to be elected on andthereupon stands elected on declaration of the polls result. Head 107 concerns the declaration

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Head 7

The Dublin Region

(1) The area constituting the Dublin Region shall consist of the local government areas of Dublin

City and the Counties of Dn Laoghaire-Rathdown, Fingal and South Dublin and shall be

referred to in this Act as the Dublin Region.

(2) The Dublin Region shall be the administrative area of the Authority.

Note:

This Head defines the administrative area of the Dublin Region. The term local governmentarea is read with section 10 of the Principal Act.

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Head 8

The Deputy Mayor

(1) There shall be a Deputy Mayor for Dublin who shall hold office in accordance with this

Act, and who in this Act is referred to as the Deputy Mayor.

(2) The Deputy Mayor shall be appointed by the Mayor from among the members of the

Authority, not being a Cathaoirleach of a Dublin local authority.

(3) The Deputy Mayor shall have such functions as may be conferred upon him or her by or

under this Act or any other enactment.

(4) The Deputy Mayor shall have such additional duties and responsibilities as the Mayor

determines.

(5) Anything authorised or required by this Act or otherwise by law to be done by, to or with

the Mayor may where necessary due to the absence or indisposition of the Mayor, be

done by, to or with the Deputy Mayor.

(6) The Deputy Mayor shall act as Deputy Chair of the Authority.

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(7) The Mayor may, where the Deputy Mayor is unavailable, nominate from among the

members of the Authority a member for the purpose of representing the Mayor at any

ceremony or event in that capacity and that member shall be entitled to act in that

capacity for such purpose.

Notes:

(1) This subhead provides for a Deputy Mayor for Dublin. The text who shall hold office inaccordance with this Part is taken from s.31 of the LG Act 2001.

(2) Provides that the Mayor will appoint the Deputy Mayor from among the members of the

Authority.(3) Provides for the conferment of functions on the Deputy Mayor. See s.49(2) of the GLAAct 1999, which is the source of this text. The final part of the section whenever passedor made has been omitted, as archaic and seems to add little.

(4) Provides that the Mayor can give the Deputy Mayor additional functions. The New YorkCity Charter is the source of with such duties and responsibilities as the Mayordetermines

(5) Based on s.31(5) of the LG Act 2001.(6) Provides that the Deputy Mayor will be Deputy Chair of the Authority. See also Schedule

1.(7) Provides for replacement representation, in the event of non-availability of the Deputy

Mayor. See s.31(6) of the LG Act 2001. See also Schedule 1 (Meetings and Proceedingsof the Authority) and Head 17 (Meetings of the Authority).

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Head 9

Meetings convenor

(1) The meetings convenor shall have the duties of meetings administration of the Authority

and shall, under the direction of the Mayor and chief executive, ensure that meetings are

organised and operated so as to promote effectiveness and efficiency in the discharge of

business.

(2) The chief executive of the Authority shall appoint a meetings convenor from among thestaff of the Authority, except that on the establishment of the Authority, the director of

the Dublin Regional Authority established under the Local Government Act 1991 shall be

assigned the role of meetings convenor of the Authority.

Notes:

(1) See sections 46 and 47 of the Local Government Act 2001.

(2) The 1991 Act refers to the secretary of a Regional Authority, S.I. 1 of 1998 (the LocalGovernment Act, 1991 (Regional Authorities) (Establishment Order) 1993, (Amendment)Order, 1998) changed this title to director.

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Head 10

Mayoral Vacancy

(1) In any case where at the time of a vacancy occurring in the office of Mayor, the term of

office then remaining exceeds 12 months, a bye-election shall be held to fill that vacancy

in accordance withPart 4 of this Act.

(2) In any other case the Deputy Mayor shall assume the responsibilities of the office,including the appointment of a Deputy Mayor, pending the next Mayoral election.

(3) Where subhead (2) applies and there is a concurrent vacancy in the office of Mayor and

Deputy Mayor, the Minister shall appoint a member of the Authority to the office of

Mayor, pending the next Mayoral election.

(4) A person elected to fill a vacancy in the office of Mayor shall hold office for the

remainder of the term of office of his or her predecessor.

(5) For the purposes of this section, bye-election means an election to fill a vacancy in the

office of Mayor pursuant to subhead (1).

(6) A vacancy in the office of Mayor occurs in such circumstances as are provided for in-

(a) Heads 11, 12, 16, 68, 83 and 90, and

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(b) Section 15(1) of the Local Elections (Petitions and Disqualifications) Act

1974.

Notes:

(1) Provides that a Mayoral vacancy occurring not less than 12 months before the term ofoffice expires will be filled by means of a fresh election as provided for in Part 4 of theBill. This Head is based on s. 41 of the LG Act 2001.

(2) Provides that a Mayoral vacancy occurring within 12 months of the expiration of the termof office will be filled by the Deputy Mayor and not by an election.

(3) Provides for the simultaneous resignation of Mayor & Deputy Mayor where suchresignations may occur within 12 months of the expiration of the term of office.

(4) Provides that the new Mayor elected pursuant to this provision will only hold office for

the remainder of the normal term of office, to ensure synchronisation with the localelectoral cycle from 2014 onwards.(5) Clarifies that bye-election refers to an election held in accordance with subhead (1), as

distinct from an election for a term of 5 years to coincide with the local electoral cycle.(6) Sets out the various provisions under which a vacancy may occur e.g. resignation,

removal from office, disqualification, death, withdrawal, petitions (based on and intendedto capture the principle of s. 19(1) of the LGA 2001).

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Head 11

Resignation of the Mayor or Deputy Mayor

(1) The Mayor may resign from that office by notice in writing signed by him or her and

delivered to the Authority.

(2) The Deputy Mayor may resign from that office by notice in writing signed by him or her

and delivered to the Mayor.

(3) A vacancy caused by a resignation under subsection (a) or (b) shall occur on the date

specified in the notice as the resignation date or, where no such date is specified, on

receipt of such a notice.

Notes:

(1) This subhead provides for the resignation of the Mayor and Deputy Mayor. Based on s.33 of the LG Act 2001.

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Head 12

Removal of the Mayor from office

(1) The members of the Authority may, whenever in their judgement the public interest shall

so require, seek to remove from office the Mayor due to

(a) incapacity, physical or mental impairment,

(b) loss of confidence of the Authority, or

(c) stated misbehaviour.

(2) Notice of a proposal under this section shall

(a) be signed by at least one-third of the total number of members of the Authority,

(b) contain a statement of the reason for the proposed removal,

(c) specify a day for the holding of a special meeting to consider the proposed removal

being a day which is not less than 21 days after the day on which the notice is

delivered under paragraph (e),

(d) be delivered to the meetings convenor, and

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(e) be delivered or sent to the Mayor.

(3) The meetings convenor shall on receipt of a notice and without delay send a copy of it to

every member of the Authority and convene a special meeting for the date so specified to

consider the proposed removal.

(4) The Mayor may prepare a statement of response in relation to the proposed removal and

such statement shall be sent to each member of the Authority.

(5) It is necessary for the passing of a proposal under this section that

(a) at least three quarters of the total number of members of the Authority vote in favour of

the resolution, and

(b) the members of the Authority shall have considered any statement of response prepared

by the Mayor under subsection (4).

(6) (a) The Mayor may not be removed from office without the sanction of the Minister

given under this subsection.

(b) The Minister may appoint a panel of 3 persons

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(i) to consider the removal of the Mayor where a proposal has been passed by the

members of the Authority in accordance with subsection (5),

(ii) to recommend whether the Minister should give sanction to such removal, and

(iii) to make such recommendations (if any) as the panel may consider appropriate in

all the circumstances.

(c) A panel shall be independent in the performance of its functions.

(d) A panel shall include a chairperson and 2 other persons having knowledge of or

experience in local government, human resources or management.

(e) Should the Minister choose to appoint a panel, the Ministers decision to give or

withhold sanction shall have regard to a recommendation or recommendations under

paragraph (b).

(7) The Minister may by regulation prescribe any matter of procedure for the purposes of this

section.

Notes:

(1) The purpose of this Head is to provide a democratic political process by which the Mayormay be removed from office, for reasons of incapacity, physical or mental impairment,loss of confidence of the Authority, or stated misbehaviour.

(2) Based on s.146 of the Local Government Act 2001.(3) Based on s.146 of the Local Government Act 2001.(4) Based on s.146 of the Local Government Act 2001.

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(5) Based on s.146 of the Local Government Act 2001.(7) Based on s.146 of the Local Government Act 2001.

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Head 13

Removal of the Deputy Mayor from Office

(1) The Mayor may remove from office the Deputy Mayor for stated misbehaviour or if his

or her removal appears to the Mayor to be necessary for the effective performance of the

Authority of its functions.

(2) Prior to removing the Deputy Mayor from office, the Mayor shall inform a meeting of the

members of the Authority of his or her intention to remove the Deputy Mayor, during

which the members of the Authority will be given an opportunity to express their views

on the Deputy Mayors removal, and the Mayor shall have regard to the members views.

Notes:

(1) This subhead provides for the removal of the Deputy Mayor by the Mayor. Thisprovision uses the language of section 34(1) of the LG Act 2001.

(2) Subhead 2 provides a process by which the Mayor must consult with the members of theRegional Authority prior to removing the Deputy Mayor from office.

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CHAPTER 2

Governance and Administrative Arrangements

Head 14

Responsibility of Mayor as Head of the Authority

(1) The Mayor shall be the head of the Authority and he or she shall be responsible for theperformance of functions that are assigned to the Authority in accordance with the

provisions of this Act.

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Head 15

Membership of the Authority

The Authority shall consist of 16 members, including the Mayor.

Save in regard to the Mayor, each other member of the Authority shall be appointed by the local

authorities referred to in subhead (3) in the manner set out in this Head.

(a) 5 members shall be appointed by Dublin City Council.

(b) 2 members shall be appointed by each of the county councils of Dn Laoghaire-

Rathdown, Fingal and South Dublin.

(c) The Lord Mayor or Cathaoirleach of each of the local authorities set out in paragraphs

(a) and (b) shall be ex officio members of the Authority for the duration of their term of

office as Lord Mayor or Cathaoirleach of their respective local authority.

(1) The persons to be appointed by a local authority to be members of the Authority under

subhead (3)(a) and (b) shall be appointed, in the case of the first appointment, as soon as

may be after the establishment day and thereafter at the annual meeting or the quarterly

meeting, as the case may be, of such local authority held next after every election of the

members of such local authority.

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(2) Save in relation to the Mayor, every member of the Authority shall hold office (unless the

member sooner dies, resigns or becomes disqualified or membership terminates under

subhead (8)) until the day after the next appointment of members of the Authority in

accordance with subhead (3).

(3) Where a member of the Authority ceases to be (or is disqualified from being) a member

of the local authority by which such person was appointed to be a member of the

Authority, such person shall also cease to be (or be disqualified for being) a member of

the Authority.

(4) A member of the Authority may at any time resign from membership by giving signed

notice in writing to the Mayor and the resignation shall take effect from the date of the

receipt of the notice by the Mayor.

(5) (a) A casual vacancy occurring among the members of the Authority shall, as soon as

may be, be filled by the local authority by whom the member causing the vacancy was

appointed in the same manner as appointments are required to be made in accordance

with subhead (3).

(b) For the purposes of paragraph (a), a casual vacancy means a vacancy caused in the

membership of the Authority by a member of the Authority ceasing to hold office other

than so ceasing as a result of the member's successor having been appointed.

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Notes:

This Head provides for the appointment of the members of the Regional Authority, and providesthat the Mayor is also a member of the Authority

(1) Subhead (1) provides that the Authority is to consist of 16 members including the Mayor.The Mayors role as chair of the Authority is provided for in Head 17 (Meetings of theAuthority). Matters in relation to chairing the Authoritys meetings are further mentionedin Schedule 1 (Meetings and Proceedings of the Authority).

(2) (3) These provisions are modelled on article 5 of S.I. 394 of 1993, which establishedthe Regional Authorities, modified as required.

(4) Addresses issue of initial membership. Renomination is appropriate given the dissolution

of the Dublin Regional Authority. (Based on Article 6 of the 1993 Regulations.)(5) - (8) These subheads are based on articles 6 to 9 and 11 of the 1993 Regulations,modified as necessary.

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(i) Where no appeal is taken against the conviction, when the time limit for taking an appeal

has passed, or

(ii) Where an appeal is taken against the conviction and the appeal is disallowed, one month

from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or

determination of the appeal, as the case may be.

Notes:

Section 13 of the LG Act 2001 (and s.13A as inserted by the 2003 LG Act) sets out the personswho are disqualified from being nominated or elected to a local authority, including EUCommissioners, European Parliament members, Ministers, Guards and Defence Forces personnel, civil servants etc. Under 13A, Oireachtas members are included among thosedisqualified. Co-option is not relevant in this case.

(1) New text.(2) New text, intended to permit Mayoral candidates to also stand for election as local

authority members, but to enure that election as Mayor takes primacy over election as amember. The text is also intended to permit LA members to stand for Mayoral election in2010.

(3) New text, intended to prevent dual candidacy as Mayor and representative in theEuropean parliament. Note that under subhead (1), a representative of the EuropeanParliament may not be nominated, elected or appointed as Mayor. A Europeanparliamentarian who wishes to serve as Mayor would be required to resign to permitnomination.

(4) Text based on s.13(1)(m) and 13(2)(c) of the LG Act 2001.

Note that Head 67 (Application of Ethical Framework) applies the ethics provisions of Part 15 ofthe LG Act 2001, which relate to annual declarations and disclosure of interests by members,managers, staff etc.

See also Head 74 which has the effect of disqualifying a Mayor from running for Dil, Seanadand European elections.

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Head 18

Committees of the Authority

(1) If the Authority considers it appropriate, it may establish one or more than one committee

to consider matters connected with the functions of the Authority referred to it by the

Authority, and to assist and advise the Authority on those matters.

(2) The Authority may dissolve a committee established by it but the dissolution is without

prejudice to anything previously done by the committee.

(3) (a) The members of a committee first appointed shall be appointed as considered

appropriate by the Authority and subsequent appointments shall be in such manner as the

Authority may provide for.

(b) A committee consists of such number of persons, not being less than 3, as the

Authority considers appropriate.

(c) Subject to paragraph (d), a committee may at the discretion of the Authority consist

either wholly of persons who are members of the Authority or partly of persons who are,

and partly of persons who are not, such members.

(d) A person who is not a member of the Authority shall not be appointed to be a member

of a committee unless, in the opinion of the Authority, he or she is a person having

knowledge, qualifications or experience relevant to the functions of the committee.

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(e) A member of a committee, being a member of the Authority by virtue of being

Cathaoirleach of a Dublin local authority, shall be substituted on the committee by his or

her successor in office as Cathaoirleach without requiring appointment under subsection

(3).

(4) Unless dissolved in accordance with subhead (2) a committee shall be deemed to be

dissolved on the day of the next appointment of members of the Authority in accordance

with subhead (3).

Notes:Based on s.51 of the LG Act 2001 (Committees of Local Authorities). Note that the Committeesare established by the Authority, but relate to the functions of the Authority as a whole

(1) Subhead (1) is based on subsection (1) of s.51.(2) Taken from subsection (3) of s.51.(3) Taken from subsection (4) of s.51.(4) Taken from subsection (4) of s.51. on the ordinary day of retirement of members of the

Authority in accordance with section 17 (Term of Office) replaced with on the day of

the next appointment of members of the Authority in accordance with subhead 3 inaccordance with subhead 5 of Head 15 (Membership of the Authority), i.e. theCommittees are refreshed after every new intake of members, as with a local authoritycommittee.

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Head 19

Saver for acts of committee

(1) The acts, decisions and proceedings of any committee of the Authority shall not be

invalidated only because of a vacancy or vacancies in its membership or of the

disqualification or want of qualification of any of its members.

Notes:

Taken from section 54 of the LG Act 2001.

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Head 20

Chief executive officer

(1) There shall be a chief executive officer of the Authority (chief executive).

(2) The chief executive shall carry on and manage, and control generally, the staff,

administration and business of the Authority and perform such other functions (if any) as

may be determined by the Mayor or Authority in accordance with the provisions of this

Act.

(3) The chief executive-

a. shall be appointed by the Mayor in accordance with procedures determined by the

Authority, and

b. may be removed from office at any time for stated reasons by the Mayor, having

first consulted with the Authority,

with the consent of the Minister.

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(4) The chief executive shall hold office for such term and upon and subject to such terms

and conditions (including terms and conditions relating to remuneration and allowances

for expenses) as may be determined by the Authority with the consent of the Minister

given with the approval of the Minister for Finance.

(5) The Minister may appoint a chief executive designate prior to the establishment of the

Authority.

(6) Notwithstanding subsection (3)(a), the chief executive designate shall be appointed chief

executive on the establishment day of the Authority.

(7) The chief executive shall provide the Authority with such information, including

financial information, in relation to the performance of his or her functions as the

Authority may from time to time require.

(8) The functions of the chief executive may be performed in his or her absence or when the

position of chief executive is vacant by such member of the staff of the Authority as may

from time to time be designated for that purpose by the Mayor.

Notes:(1) Subsection (1) provides for the Chief executive. This is standard language see section

19(1) of Dublin Transport Authority Act 2008.(2) Subsection (2) provides for the duties of CEO, (section 19(2) DTA Act)(3) Subsection (3) provides that it shall be a function of the Mayor to appoint the chief

executive, or to remove him or her from office for stated reasons, with the consent of the

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Minister. See section 19(3) DTA Act. Unlike the DTA Act however, the function rests withthe Mayor rather than the Authority.

(4) Subsection (4) uses standard language in relation to the terms and conditions of appointment(see section 19(4) DTA Act).

(5) Subsection (5) allows for the Minister to appoint a chief executive designate. (See section

19(6) DTA Act.) It may be necessary to appoint a chief executive prior to the establishmentof the Authority to ensure that the Mayor and Authority become effective at the earliestpossible date.

(6) This subsection is consequential on subsection (5).(7) This requires the CEO to provide information to the Authority in relation to his or her

performance (section 19(8) DTA Act).(8) Head 8 allows the Mayor to designate functions of the CEO to another official in the

absence of the CEO, or vacancy in the office (section 19(9) DTA Act but with functionvesting in Mayor rather than the Authority).

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Head 21

Staff of the Authority

(1) (a) The Mayor may, in addition to the appointment of the chief executive, appoint not

more than five members of staff.

(b) Any person so appointed shall have relevant expertise and experience in relation to

the role to which they are appointed.

(c) A document, setting out the expertise and experience of a person appointed under

subsection (a), shall be laid before the Authority as soon as may be following thatpersons appointment.

(2) An appointment under subhead (1) above is an appointment as an employee of the

Authority.

(3) No appointment under subhead (1) above shall be such as to extend beyond the term of

office for which the Mayor was elected.

(4) The Mayor may appoint such, and such numbers of, additional persons to be members of

the staff of the Authority as he or she may determine with the approval of the Minister

and the Minister for Finance.

(5) A member of the staff of the Authority (other than the chief executive) shall

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(a) be paid such remuneration (including allowances for expenses) as the Mayor may

determine with the approval of the Minister and the Minister for Finance, and

(b) hold his or her office or employment on such other terms and conditions as the

Mayor may determine.

(6) The categories of the staff of the Authority and the numbers of staff in each category

shall be determined by the Mayor in consultation with the chief executive.

(7) Save in relation to appointments under subsection (1), Chapter 4 of Part 14 of thePrincipal Act shall apply in relation to every employment under the Authority and every

employee of the Authority and references to a local authority in that Chapter shall be

deemed to include references to the Authority.

Notes:Head 21 deals with the appointment of staff of the Authority. It is generally based on standardprovisions (such as section 20 of the DTA Act 2008) save as set out below.

(1), (2) & (3) Subsections (1) to (3) allow the Mayor to appoint personally 5 members of staffwho are employees of the Authority for the duration of office. These are to be senior policyadvisers.

(4) Subsection (4) provides for appointment of regular full-time staff of the Authority. In thiscase the staffing arrangements are subject to the approval of the Minister with the consent of theMinister for Finance. This is a standard provision is Irish law and is based on section 20(1) of theDTA Act 2008.

(5), (6) Subsections (5) and (6) are standard provisions in relation to remuneration, conditionsand numbers - see section 20 DTA Act 2008, S 30 Roads Act, 1993 for examples. In this case, itis the Mayor, in consultation the CEO who determines the categories of staff.

(7) This subhead applies the Personnel provisions of the LG Act 2001 to the Dublin RegionalAuthority, save in relation to appointment made under subsection (1).

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Head 22

Transfer of staff of public authorities

(1) (a) A public authority may designate for employment by the Authority any person

employed by the public authority and whose principal duties relate to a function assigned

or transferred to the Authority under this Act, or to be so assigned or transferred to the

Authority.

(b) A designation under this subsection by a public authority other than the Minister shallbe made only with the consent of the Minister and the Mayor.

(c) A public authority shall not designate an employee under this subsection, without

having notified in writing the employee and any recognised trade unions or staff

associations concerned, of its intention to do so and considered any representations made

by him or her, or by them or by any of them, in relation to the matter within such time as

may be specified in the notification.

(2) The Authority shall accept into its employment a person designated undersubsection (1)

for employment by it.

(3) Acceptance into the employment of the Authority of a person designated under this

section shall have effect on such day as may be specified by the Minister after

consultation with the Mayor.

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(4) The terms and conditions relating to tenure which are granted by the Mayor in relation to

a person accepted into its employment under this section shall not, while the person is in

the employment of the Authority, be less favourable to that person than those prevailing

immediately before that persons acceptance into such employment save in accordance

with a collective agreement negotiated with any recognised trade unions or staff

associations concerned. If a dispute arises between the Mayor and any such person as to

the terms and conditions prevailing immediately before his or her acceptance into the

employment of the Authority, the matter shall be determined by the Minister for Finance,after consultation with the Minister.

(5) Save in accordance with a collective agreement negotiated with any recognised trade

unions or staff associations concerned, a person referred to in subsection (4) shall not,

while in the employment of the Authority, receive a lesser scale of pay or be made

subject to less beneficial terms and conditions of service (other than those relating to

tenure) than the scale of pay to which the person was entitled and the terms and

conditions of service (other than those relating to tenure) to which the person was subject

immediately before the day on which that person was so accepted.

(6) Until such time as the scale of pay and the terms and conditions of service (other than

those relating to tenure) of a person referred to insubsection (4) are varied by the Mayor,

following consultation with any recognised trade unions and staff associations concerned,

the scales of pay to which such person was entitled and the terms and conditions of

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service (other than those relating to tenure), restrictions, requirements and obligations to

which the person was subject immediately before such acceptance shall continue to apply

and may be applied or imposed by the Mayor, while the person is in the employment of

the Authority; no such variation shall operate to worsen the scale of pay or the terms or

conditions of service aforesaid applicable to an employee immediately before the person

was accepted into the employment of the Authority, save in accordance with a collective

agreement negotiated with any recognised trade unions or staff associations concerned.

(7) Previous service of any person in a public authority from which he or she was accepted

into the employment of the Authority under this section shall be reckonable for the

purposes of, but subject to any other exceptions or exclusions in but subject to any

exceptions or exclusions in the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007,

(b) the Protection of Employees (Part-Time Work) Act 2001,

(c) the Protection of Employees (Fixed-Term Work) Act

2003,

(d) the Organisation of Working Time Act 1997,

(e) the Terms of Employment (Information) Acts 1994 and

2001,

(f) the Minimum Notice and Terms of Employment Acts 1973

to 2005,

(g) the Unfair Dismissals Acts 1977 to 2007,

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(h) the Maternity Protection Acts 1994 and 2004,

(i) the Parental Leave Acts 1998 and 2006,

(j) the Adoptive Leave Acts 1995 and 2005, and

(k) the Carers Leave Act 2001.

Notes:

This is a standard provision on the transfer of staff of public authorities. It is based on section 31of the Roads Act, 1993. It also makes reference to both Mayor (as the legal entity thatlays down terms and conditions in accordance with Head 21) and Authority (as theemployer). The list of Acts which apply to issues of employment etc has been updated insubhead (7) based on Section 110(4) of the DTA Act 2008.

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Head 23

Engagement of consultants and advisers

(1) The Authority may, from time to time, engage such consultants or advisers, as it may

consider necessary to assist it in the discharge of its functions.

(2) Any fees due to a consultant or adviser engaged under this section shall form part of the

expenses of the Authority.

Notes:

Taken from section 22 DTA 2008 Act.

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Head 24

Provision of services

(1) For the purpose of enabling the Authority to perform its functions, a local authority

may provide services (including services of staff) to the Authority on such terms and

conditions (including payment for such services) as may be agreed and the Authority

may avail of such services.

(2) The Authority may provide services (including services of staff) to a local authorityor any other body or person on such terms and conditions (including payment for

such services) as may be agreed and the local authority or any other body or person

may avail of such services.

(3) A public authority may provide to the Authority any services (including services of

staff) required by the Authority for the performance of any of its functions under this

Act on such terms and conditions (including payment for such services) as may be

agreed and the Authority may avail of such services.

(4) The Mayor may direct a local authority of the Dublin Region to perform, on the

Authoritys behalf, an examination, investigation and/or survey, or any other such

task as may be necessary for the performance of the Authoritys functions in relation

to the preparation, making, review, revision or replacement of a regional plan.

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Notes:

Subheads (1), (2) and (3)are based on section 32 of the Roads Act, 1993 save that this Head does

not specifically envisage the provision of services by the Minister to the Authority. Seealso Article (17)(2)(d) and (e) of 1993 Regional Authorities (Establishment) Order.

Subhead (4) provides that the Mayor, on behalf of the Authority, may instruct a Dublin localauthority to undertake such technical tasks as may be necessary for the preparation of a strategicplan. See s.21 (Powers of examination, investigation and survey) of the Water Services Act 2007for the basis of the wording. See also subhead (1) of Head 47 regarding joint working with theMid-East Regional Authority.

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Head 25

Annual report

The Authority shall, not later than the 30th day of June in each year, prepare and adopt an

annual report containing such information and particulars (including financial statements)

as the Mayor may determine in relation to the performance of the functions of the

authority during the preceding year.

The Mayor shall, as soon as may be, furnish a copy of the annual report to each member ofthe Authority, to the Minister and to each of the Dublin local authorities and to such other

persons or bodies as the Mayor may determine.

Copies of each annual report shall be made conveniently available for inspection by members

of the public or for purchase by any person at such price as may be determined by the

Mayor and shall be placed on the Authoritys website.

Notes:These provisions based on Article 30 of 1993 Regional Authorities (Establishment) Order(No. 394 of 1993), subject to the following changes:

No provision for the Minister to determine what is to be included in the annual report. This is notsomething which should ordinarily concern the Minister.

Function of Mayor to determine contents and to present copies. Requirement to put annual report on the web replaces requirement to give public

notice of production of report.

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Head 26

Finance and accounts

(1) The financial year of the Authority shall be the period of twelve months ending on 31

December in any year.

(2) (a) The Authority shall, in respect of each financial year, adopt an estimate of its total

expenditure and receipts, in such form and accompanied by such information as the

Minister may direct.

(b) An estimate under paragraph (a) shall be adopted

(i) in respect of the financial year ending on the 31st day of December, 2010,

as soon as possible after the establishment of the Authority,

(ii) in respect of every other financial year, not later than the 30th day of

November in the preceding year.

(3) The Mayor shall, as soon as may be after the adoption of an estimate under sub-article

(2), send a copy of such estimate to the Minister and to each of the Dublin local

authorities.

(4) The expenses of the Authority incurred in accordance with the adopted estimate,

excluding any amounts recoupable to the Authority shall be refunded to the Authority

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by the Dublin local authorities in proportion to the populations of their respective

functional areas.

(5) (a) The Authority shall keep proper accounts and records of its receipts and

expenditure and shall prepare, as soon as may be after the end of the financial year, a

statement of the accounts of the Authority for that year based on accounting policies

and in such form as the Minister shall direct.

(b) The statement of accounts of the Authority for a financial year shall be consideredby the Authority at a meeting to be held before the expiration of thirteen weeks from

the close of the financial year and a copy thereof shall be provided to the Minister and

to each of the Dublin local authorities.

(c) The chief executive shall, within such time after the close of every financial year

as will enable the provisions of paragraph (a) to be compiled with, complete and sign

the statement of accounts for such financial year.

(6) The statement of accounts of the Authority shall be audited by a local government

auditor appointed in accordance with section 116(4)(b) of the Principal Act. The

auditor shall give an opinion on such statement of accounts and may also issue a

separate report thereon in accordance with section 120 of the Principal Act.

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(b) When the chief executive has received a copy of the statement of accounts for a

financial year so audited by the auditor and a copy of the auditor's report thereon, a

copy of the report shall be submitted to the Authority at its next meeting, and further

copies shall be furnished to every member of the Authority and to each of the Dublin

local authorities.

Notes:

Subheads (1) to (4) are based on Article 31 of 1993 Regional Authorities (Establishment) Order(No. 394 of 1993).

Subheads (5) and (6) are based on Article 32 of 1993 Order as amended by Article 6 of the 2006Regional Authorities (Establishment)(Amendment) Order SI 691 of 2006.

Head 42 (Joint Committees) also refers to the Authoritys annual estimate process.

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Head 27

Expenses

(1) The Authority shall subject to and in accordance with directions given by the Minister,

pay to the Mayor or a member of the Authority an annual expenses allowance in respect

of expenses reasonably incurred in connection with the performance of his or her

functions and duties, save as is otherwise provided for in subsection (2), in respect of

each year, or portion of a year, for which such person is a member.

(2) The Authority may, subject to and in accordance with directions given by the Minister,

pay a travelling or subsistence expenses allowance

(a) to the Mayor or a member of the Authority for travelling or subsistence expenses

reasonably incurred in respect of a matter authorised by the Authority other than

attendance at a meeting of the Authority or of a committee of the Authority,

(b) to the Mayor or a member of a committee of the Authority for travelling or

subsistence expenses reasonably incurred in respect of their attendance at a meeting of

such committee.

(3) The Authority shall not pay any allowance or make any payment in respect of travelling

or subsistence expenses in respect of the Mayor or a member of the Authority or a

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member of a committee of the Authority except in accordance with this Act and any

directions given thereunder.

Notes:This Head is based on Article 34 of 1993 Regional Authorities (Establishment)(Order).

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Head 28

Gifts

(1) The Authority may accept gifts of money, land or other property upon such trusts, terms

or conditions, if any, as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts, terms or conditions attached to it would

be inconsistent with or prejudice the operational independence and effective performance

of the functions of the Authority.

(3) The Mayor shall include details of any gift that exceeds, in his or her opinion, such

amount as may be directed by the Minister, with the consent of the Minister for Finance,

in the annual report for the year in which the gift is accepted.

(4) Insubsection (3) details includes

(a) the name of the donor of the gift,

(b) a description of the gift, and

(c) particulars of any trusts, terms or conditions attached to the gift.

Notes:

This is a standard provision this is based on from Section 33 of DTA Act 2008. See alsoparagraph 10 of Third Schedule of Roads Act, 1993.

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Head 29

Immunity of the Authority

(1) No action or other proceedings shall lie or be maintainable against

(a) the Authority,

(b) a committee of the Authority,

(c) a person performing functions delegated to it by the Authority,

(d) a local authority or other public body performing functions on behalf of the

Authority, or(e) a person providing services to the Authority,

for the recovery of damages in respect of any injury to persons, damage to property or

other loss alleged to have been caused or contributed to by a failure of the Authority to

perform or to comply with any of the functions conferred on it.

(2) No action or other proceedings shall lie or be maintainable (except in the case of wilful

neglect or default) against any member of the staff of the Authority arising from a failure

to perform or to comply with any of the functions conferred on the Authority by this Act.

Notes:

(1) Subsection (1) is atandard provision, modified as necessary. Based on Section 43 of theDublin Transport Authority Act, 2008.

(2) Subsection (2) is based on section 20(8) of the Dublin Transport Authority Act 2008.

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Head 30

Mayors salary

(1) (1) The Authority shall pay to the Mayor a salary at such a level as the Minister, with the

consent of the Minister for Finance, directs.

(2) A determination or direction under subsection (1) above may provide for the levels of

salary to change from time to time by reference to a specified schedule or formula.

Notes:

(1) This Head provides for a salary to be paid to the Mayor. The salary is to be determinedby the Minister with the consent of the Minister for Finance.

(2) Provides for differential levels of salary, or other such scheme or formula.

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Head 31

Pensions

(1) The members of the Authority shall prepare and submit to the Minister a scheme or

schemes for the granting of superannuation benefits to or in respect of

(a) persons who have ceased to be the Mayor, and

(b) such members of the staff of the Authority

as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in

respect of whom superannuation benefits are payable under the scheme and different

times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared,

submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the

Minister, with the consent of the Minister for Finance, be carried out by the Authority in

accordance with its terms.

(5) A scheme made under this section shall make provision for appeals.

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(6) No superannuation benefits shall be granted by the Authority nor shall any other

arrangements be entered into by the Authority for the provision of such benefit to a

person who has ceased to be the Mayor or to a member of the staff of the Authority,

otherwise than in accordance with a scheme under this section, or otherwise as may be

approved of by the Minister, with the consent of the Minister for Finance.

(7) The terms and conditions governing superannuation benefits granted under schemes

made under this section to persons transferred under Head 22shall not be less favourable

than those to which they were entitled immediately before the dissolution day.

(8) Where, in the period beginning on the establishment day and ending immediately before

the commencement of a scheme under this section, a superannuation benefit falls due for

payment to or in respect of a person transferred under Head 22, the benefit shall be

calculated by the Authority in accordance with such scheme as applied to the person

immediately before the dissolution day and, for that purpose, his or her pensionable

service with the Authorityshall be aggregated with his or her previous pensionable

service and any benefit payable shall take account of both periods of service.

(9) A scheme under this section shall be laid before each House of the Oireachtas as soon as

may be after it is made and, if a resolution annulling the scheme is passed by either such

House within the next 21 days on which that House has sat after the scheme is laid before

it, the scheme shall be annulled accordingly, but without prejudice to the validity of

anything previously done thereunder.

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Notes:

This Head provides for pensions for former Mayors and staff of the Authority. This is a standardprovision and is based on section21 of the Act 2008.

Subsection (7) refers to Head 22 (Transfer of staff of public authorities).

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Head 32

Prohibition on unauthorised disclosure

(1) Save as otherwise provided by law, a person shall not, without the consent of the

Authority, disclose confidential information obtained by him or her while performing

duties as a member of the Authority, or as a member of the staff of, or when otherwise

engaged by, the Authority, unless he or she is duly authorised by the Authority to do so.

(2) In this section confidential information includes information that is expressed by theAuthority to be confidential either as regards particular information or as regards

information of a particular class or description.

(3) (a) A person who contravenessubsection(1) commits an offence.

(b) An offence under this section shall be considered to be an offence for the purposes of

section 181(4) of the Principal Act and the provisions of that section shall apply

accordingly.

(4) Nothing insubsection(1) shall prevent the disclosure of information in a report made to

the Authority or by or on behalf of the Authorityto the Minister.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by inserting at

the end of Part 1:

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(a) in column (2), Local Government (Dublin Mayor and Regional Authority)

Act 2010, and

(b) in column (3), Section 32.

Notes:

A standard provision. Taken from s.38 of the Dublin Transport Authority Act 2008 and s.38 ofthe Roads Act 1993.

The opening clause of subsection (1) save as otherwise provided by law ensures that theprovision does not prevent the operation of the whistleblower provisions in Head 77 (Immunityetc. of complainants). It should be noted that Head 67 (Application of Ethical Framework)

applies Part 15 of the Local Government Act 2001 to the Authority.Subsection (3)(b) ties in an offence under this section with the offences provisions of Section181 (4) of the Local Government Act, 2001

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Head 33

Prohibition on certain communications

(1) A person who communicates with the Mayor, a member of the Authority or with a

member of staff of the Authority, or with any other person engaged by the Authority, for

the purpose of influencing improperly his or her consideration of any matter which falls

to be considered by the Authority commits an offence.

(2) If a person to whom a communication is made becomes of opinion that a communicationis in contravention of subsection (1), it is his or her duty not to entertain the

communication further and he or she shall inform forthwith the Mayor in writing of the

substance of such communication and the Mayor shall acknowledge in writing the receipt

of such information.

(3) An offence under this section shall be considered to be an offence for the purposes of

section 181(4) of the Principal Act and the provisions of that section shall apply accordingly.

Notes:

Taken from s.39 of the Dublin Transport Authority Act 2008. See also s.39 of the Roads Act1993.

Subsection (2): In the DTA Act, s. 39(2), it is the Chairperson who is informed in writing. Thechairperson of the DRA is the Mayor; it follows that the Mayor should be the person informed inrelation to the DRA.

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Head 34

Attendance of public and media at meetings

(1) In this section

media includes accredited representatives of local and national press, local and national

radio and local and national television;

members of the public means any person who is not attending the meeting at the

request of the Authority.

(2) Subject to subsections (3) and (5), members of the public and representatives of the

media are entitled to be present at a meeting of the Authority.

(3) Where the Authority is of the opinion that the absence of members of the public and

representatives of the media from the whole or any part of a particular meeting is

desirable because

(a) of the special nature of the meeting, or of an item of business to be, or about to be,

considered at the meeting, or

(b) for other special reasons,

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the Authority may by resolution decide to meet in committee for the whole or a part of

the meeting concerned, where the Authority considers that such action is not contrary to

the overall public interest.

(4) (a) It is necessary for the passing of a resolution undersubsection (3) that at least one-half

of the total number of members of the Authority concerned vote in favour of the

resolution.

(b) A resolution under subsection (3) shall indicate in a general way the reasons for theresolution and those reasons shall be recorded in the minutes of the meeting.

(5) The Authority may, by standing orders, regulate the right of members of the public and

representatives of the media to be present at meetings and, in particular and without

prejudice to the generality of the foregoing, may

(a) taking account of available space, limit the number of persons to be admitted,

(b) make rules governing the conduct of persons present at meetings,

(c) provide for the removal of members of the public who interrupt the proceedings or

who otherwise misconduct themselves, or

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(d) make rules in relation to the taking of photographs or the use of any means for

recording or relaying the proceedings as they take place or at a later stage.

(6) Nothing in subsection (5), other than paragraph (a), shall be read so as to enable the

Authority to limit the attendance of representatives of the media, and paragraph (a) shall

not be read as enabling the Authority to prohibit the attendance of such representatives.

(7) Nothing in this Head shall require the Authority to permit the taking of photographs of

any proceedings, or the use of any means to enable persons not present to see or hear anyproceedings (whether at the time or later), or the making of any oral report on any

proceedings as they take place.

Notes:

(1) This Head is taken from s.45 of the Local Government 2001 Act, except subhead (7),which is taken from Article 18(3) of the Local Government Act 1991 (RegionalAuthorities) (Establishment) Order 1993.

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PART 3

FUNCTIONS OF THE AUTHORITY

Notes:

This Part deals with the specific strategic functions of the Authority as set out below. It alsodeals with the establishment of a Dublin Regional Development Board to replace the 4 city andcounty development boards in the region together with a provision in relation to the Mayorstransport functions.

Chapter 1 - General Functions and Objectives of the Authority. Chapter 1 sets out the generalobjectives and functions of the Mayor and Authority including the Mayors functions within theAuthority. It will also define how the Mayor and Authority are to work within national policyand how the local authorities are to work within regional policy.Chapter 2 - Regional PlanningChapter 3 - Regional Waste ManagementChapter 4 - Regional Water ServicesChapter 5 - Regional HousingChapter 6 - Regional Bodies [i.e Transport functions, Regional Development Board]Chapter 7 - Ministerial Guidelines and Directives

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CHAPTER 1

General Functions and Objectives of the Authority

Head 35

General Objectives of the Authority

(1) In exercising its functions the Authority shall seek to achieve the following objectives: -

(a) the development of the Dublin Region in a manner which contributes to environmental

sustainability, economic progress, social cohesion and the cultural vitality of the region,

(b) the provision of efficient local government services through co-ordinating and

maximising co-operation between the Dublin local authorities in the delivery of their

services,

(c) the promotion of a coherent approach from relevant public and private sector interests,

including business, educational, cultural and voluntary interests, in the delivery of

services and in the sustainable environmental, economic, social and cultural development

of the Region,

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(d) the promotion of the Dublin Region within Ireland and internationally as an attractive

location in which to live, work and invest,

(e) the co-ordination of the development of the Dublin Region with that of the Mid-East

Region.

Notes:

This Head and the following Head set out general objectives and functions of the Authority, withspecific functions to follow in further Heads.

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Head 36

Principal functions of the Authority

(1) Subject to the following provisions the principal functions of the Authority are to -

(a) establish, and oversee the implementation of, the strategic planning and infrastructural

framework for the Dublin Region in accordance with the provisions of this Part;

(b) review the environmental, physical, economic, social, and cultural status of the region,identify the overall needs and requirements of the region and identify measures to address

any needs and requirements;

(c) promote co-operation, joint action, joint arrangements or agreements between the

Authority, the Dublin local authorities, other local and regional authorities, the National

Transport Authority, other public authorities, business, educational, voluntary and

cultural interests in the Dublin Region to advance its objectives under Head 35;

(d) promote enterprise and innovation in the Dublin Region in co-operation with

development agencies, business, educational and other relevant interests in accordance

with the provisions of Head 59;

(e) keep under review the provision of public services in, or relating to, or affecting, the

region and the need for, adequacy of, and possibilities of, improving co-ordination of the

provision of such services or any one or more of such services;81


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(f) carry out, arrange to have carried out, promote, assist, facilitate or participate in the

carrying out of research, studies, surveys or the collection of information, data, statistics

or other such material, in relation to any of its functions;

(g) request a local authority or other public authority to provide information in connection

with any function of such local authority or public authority and to arrange, for that

purpose, for the attendance at a meeting of the Authority, or of a committee of the

Authority, of a representative of such local authority or public authority.

(2) The Authority may do all such things as arise out of or are consequential on or are necessary

or expedient for the effective performance of their functions or are ancillary thereto.

(3)In the performance of its functions as set out above the Authority shall consult with public

authorities and with other regional authorities in so far as is it considers necessary.

(4) The Minister may prescribe any body to be a development agency for the purposes of this

Part.

Notes:

(1)This subhead provides a list of the general functions assigned to the Authority see section 19Roads Act, 1993, section 11 DTA Act, 2008 and Articles 14, 16 and 17 of the RegionalAuthority Establishment Order of 1993 (S.I. 394 of 1993).

Paragraph (a) references the general objectives regarding infrastructure to be achieved in furtherspecific heads.

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Paragraph (b) is a necessary ancillary general power to allow the Authority to review the issueswhich it is mandated to consider loosely based on Article 14(2)(c) of the 1993 Order.Paragraph (c) allows the Authority to promote joint action and co-ordination etc loosely basedon Article 14(2)(d) of the1993 Order.Paragraph (d) is new and allows the Authority to promote enterprise and innovation in the

Dublin Region, however the reference to Head 59 (Regional Development Board) requires thatthe Mayor and Authority work through the Dublin Regional Development Board in this regard.Paragraph (e) relates to the review of the provision of public services generally within the region.This repeats Article (2)(e) 1993 Order.Paragraph (f) is a standard provision in relation to the carrying out of research see Article 17(c)of the 1993 Order or section 19(1)(h) of Roads Act, 1993.Paragraph (g) repeats Article 17(2)(h) of the 1993 Order requiring a local or public authority toco-operate with the Authority.(2) Standard provision see section 19(3) Roads Act, 1993, Section 11(2) DTA Act, 2008,Article 17(1) 1993 Order.(3) This provision is based on Article 17(2)(a) of 1993 Order, but leaves out the phrase and

make such statements jointly with any such regional authority. This is covered in the generalobligation to work with the Mid-East region.

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(4) The draft strategy statement shall be considered at the next following meeting of the

Authority following the submission of the draft strategy statement to the members in accordance

with subsection (3).

(5) (a)The Mayor shall consider any comments or observations made in relation to the draft

strategy statement at the meeting of the Authority before finalising the strategy statement.

(b) The Mayor shall finalise the strategy statement within 4 weeks of a meeting of the

Authority in accordance with subsection (4).

(6) A person shall not question the validity of a strategy statement prepared by the Mayor under

this Head by reason only that the procedures set out in this subsections (1), (3), (4) or (5) were

not completed within the time required under the relevant subsection.

(7) The Mayor shall publish the strategy statement on the Authoritys website and in such other

form as the Mayor may decide.

Notes:

This provision for a Mayoral Strategy is based on section 5 of the Public Service Management

Act, Article 14(2)(g) of the Regional Authority Establishment Order of 1993 (S.I. 394 of 1993)and section 134 of the Local Government Act. It should be noted that it is not proposed that theAuthority adopt the Mayoral Strategy. This is to be an overarching policy document set out bythe Mayor based on his or her electoral mandate, but taking into account the views of themembers of the Authority.

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(1) Subhead (1) provides for a strategy statement to be prepared within 6 months of theMayor coming into office and following consultation with bodies or persons as decidedby the Mayor. The provision is not prescriptive as to how this consultation should occur.6 months is the period specified in section 134(1) of the Local Government Act 2001 inrelation to the corporate plan. It is also the period within which Strategy Statements must

be prepared in accordance with the Public Services Management Act 1997, though thistime frame is set out in Government direction rather than by the legislation itself.(2) Subhead (2) sets out what must be contained in the Strategy.

Paragraph (a) is based on section 5(1)(a) of the Public Service Management Act 1997.Paragraph (b) is based on Article 14(2)(g) of 1993 Order and section 134(6)(b) of 2001Local Government Act. The subhead refers specifically to the general objectives andprincipal functions conferred on the Authority.Paragraph (c) requires the Mayor to ensure that regard is had to the obligation of theAuthority to work within specific national policies (as set out in Head 60).

(3),(4),(5) These subheads specify the procedure whereby the Mayor brings the draft strategy

to the members of the Authority for their consideration and sets down a time frame for doingso. Local government law often sets such time frames, see for example section 140 of theLocal Government Act 2001 and section 12 of the Planning and Development Act 2000.

(6) This is based on section 12(16) of the Planning and Development Act 2000.

(7) Subhead (7) obliges the Mayor to publish the Strategy on the website.

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Head 38

Powers of Mayor to issue directions and advice

(1) The Dublin local authorities shall ensure that they exercise their functions in a manner

consistent with a regional plan.