22Power of Ministers to give directions

22 Power of Ministers to give directions

S. 22(1) amended by No. 17/2009 s. 13(3)(a).

(1) If the Minister or a relevant Minister considers it in the public interest to do so, the Minister or relevant Minister may, after complying with subsection (2), direct a road authority—

(a) to perform a function or exercise a power of the road authority under this Act; or

(b) to perform a function or exercise a power of the road authority under this Act in the manner or subject to the conditions specified in the direction; or

S. 22(1)(ba) inserted by No. 6/2010 s. 24(5)(Sch. 1 item 14.5) (as amended by No. 45/2010 s. 5).

(ba) to perform a function or exercise a power of a road authority under any other Act where the performance of that function or the exercise of that power is necessary to enable the effective performance of a function or the effective exercise of a power under this Act or is incidental to the performance of a function or the exercise of a power under this Act; or

(c) not to perform a function or exercise a power of the road authority under this Act.

S. 22(2) amended by No. 17/2009 s. 13(3)(a).

(2) The Minister or the relevant Minister must before making a direction give the road authority the opportunity to comment on the proposed direction.

(3) A direction—

(a) must be in writing;

(b) may include conditions;

(c) may specify the case, class of case, period of time or other circumstance in which the direction is to apply.

(4) A road authority must publish a copy or summary of any direction in its annual report.

(5) A road authority must give effect to a direction under this section.