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LRC Revised Act

Number 10 of 2003

NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 1 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

National Tourism Development Authority Act 2003

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory

instruments up to and including the

Agriculture, Food and the Marine (Delegation of Ministerial Functions) Order 2025

(S.I. No. 244 of 2025), made 4 June 2025, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

10

of

2003

NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 1 June 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and collective construction.

2.

Interpretation.

3.

Orders.

4.

Expenses.

5.

Repeals.

PART 2

National Tourism Development Authority

6.

Establishment day.

7.

National Tourism Development Authority.

8.

Functions of Authority.

9.

Conferral of additional functions on Authority.

10.

Power to establish, or acquire, hold or dispose of shares in, companies.

11.

Delegation of functions.

12.

Agreements for performance of functions of Authority by persons other than Authority.

13.

Directions of Minister.

14.

Membership of Authority.

15.

Conditions of office of members of Authority.

16.

Casual vacancies among members of Authority.

17.

Remuneration of members of Authority.

18.

Meetings and procedure.

19.

Membership of either House of Oireachtas or European Parliament.

20.

Disclosure by members of Authority of certain interests.

21.

Disclosure by members of staff of certain interests.

22.

Prohibition of unauthorised disclosure of confidential information.

23.

Committees of Authority.

24.

Grants to Authority.

25.

Grants by Authority.

26.

Schemes relating to European Community funds.

27.

Accounts and audits.

28.

Annual report and information.

29.

Freedom of information.

30.

Gifts.

31.

Chief Executive.

32.

Accountability of chief executive to Committee of Public Accounts.

33.

Accountability of chief executive to other Oireachtas Committees.

34.

Staff.

35.

Transfer of staff to Authority.

36.

Superannuation.

PART 3

Dissolution of Bord FÁilte Éireann and C.E.R.T. Limited

37.

Dissolution of Bord Fáilte Éireann and C.E.R.T. Limited.

38.

Transfer of functions to Authority.

39.

Transfer of land and other property.

40.

Transfer of rights and liabilities, and continuation of leases, licences and permissions

granted by a dissolved body.

41.

Liability for loss occurring before establishment day.

42.

Provisions consequent upon transfer of functions, assets and liabilities to Authority.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Functions Performable By Contractor

Acts Referred to

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies Acts 1963 to 2001

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Local Government Act 1991

1991, No. 11

Local Government Act 2001

2001, No. 37

Minimum Notice and Terms of Employment Acts 1973 to 2001

Organisation of Working Time Act 1997

1997, No. 20

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Redundancy Payments Acts 1967 to 2001

Tourist Traffic Act 1939

1939, No. 24

Tourist Traffic Act 1952

1952, No. 15

Tourist Traffic Act 1955

1955, No. 5

Tourist Traffic Act 1957

1957, No. 27

Tourist Traffic Act 1959

1959, No. 27

Tourist Traffic Act 1961

1961, No. 37

Tourist Traffic Act 1963

1963, No. 22

Tourist Traffic Act 1966

1966, No. 3

Tourist Traffic Act 1968

1968, No. 29

Tourist Traffic Act 1970

1970, No. 16

Tourist Traffic Act 1972

1972, No. 28

Tourist Traffic Act 1975

1975, No. 26

Tourist Traffic Act 1979

1979, No. 22

Tourist Traffic Act 1983

1983, No. 31

Tourist Traffic Act 1987

1987, No. 11

Tourist Traffic Act 1995

1995, No. 13

Tourist Traffic Act 1998

1998, No. 45

Tourist Traffic Acts 1939 to 1998

Unfair Dismissals Acts 1977 to 2001

Number

10

of

2003

NATIONAL TOURISM DEVELOPMENT AUTHORITY ACT 2003

REVISED

Updated to 1 June 2025

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN TÚDARÁS NÁISIÚNTA FORBARTHA TURASÓIREACHTA OR IN THE ENGLISH LANGUAGE THE NATIONAL TOURISM DEVELOPMENT AUTHORITY; TO

PROVIDE FOR THE DISSOLUTION OF BORD FÁILTE ÉIREANN AND C.E.R.T. LIMITED; TO PROVIDE FOR THE PROMOTION OF TOURISM AND THE DEVELOPMENT

OF TOURISM FACILITIES AND SERVICES; TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS

FROM BORD FÁILTE ÉIREANN AND C.E.R.T. LIMITED TO THE NATIONAL TOURISM DEVELOPMENT AUTHORITY; TO PROVIDE

FOR THE REPEAL OF CERTAIN PROVISIONS OF THE TOURIST TRAFFIC ACTS 1939 TO 1998; AND

TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [13

th April

, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to Minister for and Department of

Tourism, Culture, Arts, Gaeltacht,

Sport and Media

construed as Minister for and Department of

Enterprise,

Trade and Employment

(1.06.2025) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 2025

(S.I. No. 174 of

2025), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions

in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of

Enterprise, Trade and Employment.

(2) References to the

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any

Act or any instrument made under an Act and relating to any administration and

business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Enterprise, Trade and

Employment.

3. (1)The functions

vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by

or under the provisions of the – ...

(b) National Tourism

Development Authority Act 2003 (No. 10 of 2003), and

...

are transferred to the Minister

for Enterprise, Trade and Employment.

(2) References to the

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any

Act or instrument made under such Act and relating to any functions transferred by

this Article shall, from the commencement of this Order, be construed as

references to the Minister for Enterprise, Trade and Employment.

...

Editorial Notes

E1

Previous affecting

provision: functions transferred and references to Minister for and Department of

Transport, Tourism and Sport

construed as Minister for and Department of

Culture, Heritage and the Gaeltacht

(16.09.2020) by

Tourism and Sport

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 356 of 2020), arts. 2 and 3, in effect as per art. 1(2),

subject to transitional provisions in arts. 4-8; superseded as per E-note above.

Note change of name of Minister

for and Department of

Culture, Heritage and the Gaeltacht

to Minister for

and Department of

Tourism, Culture, Arts, Gaeltacht, Sport and Media

(30.09.2020) by

Culture, Heritage and the Gaeltacht (Alteration of Name of

Department and Title of Minister) Order 2020

(S.I. No. 403 of 2020), in

effect as per art. 1(2).

E2

Previous affecting provision: functions transferred and references to

Minister for and Department of

Tourism, Culture and Sport

construed as

Minister for and Department of

Transport

(1.04.2011) by

Tourism and

Sport (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 140 of 2011), arts. 2, 3, in effect as per art. 1(2);

superseded as per E-note above.

Note change of name of Minister for and Department of

Transport

to Minsiter

for and Deparment of

Transport, Tourism and Sport

(2.04.2011) by

Transport (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 141 of 2011).

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to Minister for and Department of

Tourism, Culture, Arts, Gaeltacht,

Sport and Media

construed as Minister for and Department of

Enterprise,

Trade and Employment

(1.06.2025) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 2025

(S.I. No. 174 of

2025), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions

in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of

Enterprise, Trade and Employment.

(2) References to the

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any

Act or any instrument made under an Act and relating to any administration and

business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Enterprise, Trade and

Employment.

3. (1)The functions

vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by

or under the provisions of the – ...

(b) National Tourism

Development Authority Act 2003 (No. 10 of 2003), and

...

are transferred to the Minister

for Enterprise, Trade and Employment.

(2) References to the

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any

Act or instrument made under such Act and relating to any functions transferred by

this Article shall, from the commencement of this Order, be construed as

references to the Minister for Enterprise, Trade and Employment.

...

Editorial Notes

E1

Previous affecting

provision: functions transferred and references to Minister for and Department of

Transport, Tourism and Sport

construed as Minister for and Department of

Culture, Heritage and the Gaeltacht

(16.09.2020) by

Tourism and Sport

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 356 of 2020), arts. 2 and 3, in effect as per art. 1(2),

subject to transitional provisions in arts. 4-8; superseded as per E-note above.

Note change of name of Minister

for and Department of

Culture, Heritage and the Gaeltacht

to Minister for

and Department of

Tourism, Culture, Arts, Gaeltacht, Sport and Media

(30.09.2020) by

Culture, Heritage and the Gaeltacht (Alteration of Name of

Department and Title of Minister) Order 2020

(S.I. No. 403 of 2020), in

effect as per art. 1(2).

E2

Previous affecting provision: functions transferred and references to

Minister for and Department of

Tourism, Culture and Sport

construed as

Minister for and Department of

Transport

(1.04.2011) by

Tourism and

Sport (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 140 of 2011), arts. 2, 3, in effect as per art. 1(2);

superseded as per E-note above.

Note change of name of Minister for and Department of

Transport

to Minsiter

for and Deparment of

Transport, Tourism and Sport

(2.04.2011) by

Transport (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 141 of 2011).

Section

1.

Short title, collective citation and collective construction.

2.

Interpretation.

3.

Orders.

4.

Expenses.

5.

Repeals.

PART 2

National Tourism Development Authority

6.

Establishment day.

7.

National Tourism Development Authority.

8.

Functions of Authority.

9.

Conferral of additional functions on Authority.

10.

Power to establish, or acquire, hold or dispose of shares in, companies.

11.

Delegation of functions.

12.

Agreements for performance of functions of Authority by persons other than Authority.

13.

Directions of Minister.

14.

Membership of Authority.

15.

Conditions of office of members of Authority.

16.

Casual vacancies among members of Authority.

17.

Remuneration of members of Authority.

18.

Meetings and procedure.

19.

Membership of either House of Oireachtas or European Parliament.

20.

Disclosure by members of Authority of certain interests.

21.

Disclosure by members of staff of certain interests.

22.

Prohibition of unauthorised disclosure of confidential information.

23.

Committees of Authority.

24.

Grants to Authority.

25.

Grants by Authority.

26.

Schemes relating to European Community funds.

27.

Accounts and audits.

28.

Annual report and information.

29.

Freedom of information.

30.

Gifts.

31.

Chief Executive.

32.

Accountability of chief executive to Committee of Public Accounts.

33.

Accountability of chief executive to other Oireachtas Committees.

34.

Staff.

35.

Transfer of staff to Authority.

36.

Superannuation.

PART 3

Dissolution of Bord FÁilte Éireann and C.E.R.T. Limited

37.

Dissolution of Bord Fáilte Éireann and C.E.R.T. Limited.

38.

Transfer of functions to Authority.

39.

Transfer of land and other property.

40.

Transfer of rights and liabilities, and continuation of leases, licences and permissions

granted by a dissolved body.

41.

Liability for loss occurring before establishment day.

42.

Provisions consequent upon transfer of functions, assets and liabilities to Authority.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Functions Performable By Contractor

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