I move amendment No. 158:
In page 52, lines 27 to 30, to delete subsection (2) and substitute the following:
"(2) On the commencement of this section, any agreement entered into or any scheme or bye-law made under the Act of 1979 shall, where such agreement, scheme or bye-law relates to a national road, be deemed to have been entered into or made by the Authority and with effect from such commencement all functions, rights and liabilities of the road authority concerned in relation to such agreement, scheme or bye-law shall transfer to the Authority.".
Part V of the Bill transfers tolling powers in respect of national roads from local authorities to the National Roads Authority. Consistent with that principle, this amendment proposes to substitute the National Roads Authority for the relevant road authority in any toll agreement made with private investors under the Local Government (Toll Roads) Act, 1979. In practice this amendment will only affect the toll agreement scheme and by laws made for the West Link toll facility. In that case the National Roads Authority will take over all the functions, rights and liabilities of Dublin County Council in relation to that toll facility. The original draft of subsection (2) of section 64 was not explicit in this regard and was open to the misinterpretation that the National Roads Authority could set aside the toll agreement entered into by Dublin County Council with National Toll Roads PLC in respect of the West Link.