S.I. No. 14/1987:

THE DUBLIN METROPOLITAN STREETS COMMISSION (ESTABLISHMENT) ORDER, 1987.

THE DUBLIN METROPOLITAN STREETS COMMISSION (ESTABLISHMENT) ORDER, 1987.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the Dublin Metropolitan Streets Commission Act, 1986 (No. 30 of 1986) and by the Local Government Services (Corporate Bodies) Act, 1971 , (No. 6 of 1971) as applied by the said section hereby orders as follows:

1. This Order may be cited as the Dublin Metropolitan Streets Commission (Establishment) Order, 1987.

2. In this Order--

"the Act of 1986" means the Dublin Metropolitan Streets Commission Act, 1986 (No. 30 of 1986),

"the Commission" means the Dublin Metropolitan Streets Commission, and

"the Minister" means the Minister for the Environment.

3. The 1st day of February, 1987, is hereby appointed to be the day on which the Commission shall be established under section 3 of the Act of 1986.

4. (1) The Minister shall appoint the chairman and ordinary members of the Commission.

(2) The Minister when appointing the chairman or an ordinary member of the Commission, shall fix their terms of office, and Subject to paragraphs (6) and (8), the chairman and ordinary members of the Commission shall hold office on such terms as the Minister, with the consent of the Minister for the Public Service, determines.

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

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

(5) The chairman or an ordinary member of the Commission 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.

(6) The Minister may remove the chairman or an ordinary member of the Commission from office 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 Commission 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 chairman or an ordinary member of the Commission.

(8) Where the Chairman or an ordinary member of the Commission--

(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 local authority,

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

5. (1) (a) The Commission shall provide itself with a seal, which shall be authenticated by the signature of the Chairman or of an ordinary member authorised by the Commission to act in that behalf.

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

6. (1) The Commission 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 Commission.

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

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

(5) At a meeting of the Commission--

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

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

(6) Every question at a meeting of the Commission 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 an additional or casting vote.

(7) (a) The proceedings of the Commission shall not be invalidated by any vacancy or vacancies among its members.

(b) Subject to the provisions of the Act of 1986 and of this Order, the Commission shall regulate its procedure and business.

(8) Subject to the consent of the Minister, the Commission may perform any of its functions through or by any of its members duly authorised by the Commission in that behalf, or through or by any other person duly appointed by the Commission in this behalf.

7. In the discharge of its functions, the Commission may accept gifts of money, land and other property upon such trusts and conditions, if any, consistent with its functions as may be specified by the donor.

8. (1) The Commission 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 article shall, at such times as the Minister shall direct, be submitted for audit by the Commission to an auditor appointed by the Commission with the approval of the Minister, given with the consent of the Minister for Finance, to audit the accounts, and when audited shall be presented by the Commission to the Minister who shall cause copies of the accounts to be laid before both Houses of the Oireachtas.

(3) The financial year of the Commission shall be the period of twelve months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the 1st day of February, 1987 and ending on the 31st day of December, 1987 shall be deemed to be a financial year.

9. (1) The Commission 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 both Houses of the Oireachtas.

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

10. (1) The Minister shall appoint a person to be the Chief Executive Officer of the Commission and the person so appointed shall be an employee of the Commission and shall manage the business of the Commission and carry out such other functions as may be assigned to him by the Commission.

(2) The Chief Executive Officer may be a member of the Commission.

(3) The terms and conditions of appointment of the Chief Executive Officer shall be such as may be determined by the Minister, with the consent of the Minister for the Public Service.

11. (1) The Commission shall appoint such and so many other persons to be employees of the Commission as the Commission, 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 Commission appointed in accordance with sub-article (1) of this article shall hold his employment on such terms and conditions as the Commission, subject to the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

12. (1) There shall be paid by the Commission to its employees, other than the Chief Executive Officer, out of moneys at its disposal, such remuneration and allowances for expenses as the Commission, subject to the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determines.

(2) There shall be paid by the Commission to the Chief Executive Officer such remuneration and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, from time to time determines.

(3) Subject to the approval of the Minister given with the consent of the Minister for the Public Service, the Commission may, in relation to employees of the Commission or in relation to a class or classes of employees of the Commission make such arrangements or 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.

(4) 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 Commission.

(5) Where a person who is an employee of the Commission--

(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 Commission and shall not be paid by, or be entitled to receive from, the Commission 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.

13. (1) Subject to such conditions (if any) as may for the time being stand specified for the purposes of this article by the Minister, the Commission may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions.

(2) The Minister may nominate a person who may be engaged by the Commission under this article as its principal professional consultant.

14. (1) The Commission shall, as soon as may be after its establishment, appoint a committee (which shall be known as the Dublin Metropolitan Streets Advisory Committee) to advise it generally in the performance of its functions and, in particular, in relation to any matter referred to it by the Commission.

(2) The committee shall consist of not more than 20 members and shall include not more than 13 members nominated by bodies (including Dublin City Council) specified by the Minister and concerned with the matters to which the functions of the Commission relate.

(3) The Commission shall make rules regulating the meetings and procedure of the committee.

GIVEN under the Official Seal of the Minister for the Environment this 16th

day of January, 1987.

JOHN BOLAND,

Minister for the Environment.

The Minister for Finance hereby consents to the above Order.

GIVEN under the Official Seal of the Minister for Finance this 16th

day of January, 1987.

JOHN BRUTON,

Minister for Finance.

The Minister for the Public Service hereby consents to the above Order.

GIVEN under the Official Seal of the Minister for the Public Service this

16th day of January, 1987.

RUAIRI QUINN,

Minister for the Public Service.

EXPLANATORY NOTE.

This Order appoints the 1st day of February, 1987 to be the day on which the Dublin Metropolitan Streets Commission is to be established.

The Order also provides for the appointment of the Chairman and members of the Commission and other procedural and related matters and for the appointment by the Commission of the Dublin Metropolitan Streets Advisory Committee.