(LRC Revised)

Number 23 of 2003

DIGITAL HUB DEVELOPMENT AGENCY 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

Digital Hub Development Agency 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

Telecommunications (Transfer of Departmental Administration and Ministerial Functions)

Order 2025

(S.I. No. 237 of 2025), made 27 May 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

23

of

2003

DIGITAL HUB DEVELOPMENT AGENCY ACT 2003

REVISED

Updated to 1 June 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Extension or variation of digital hub area.

4.

Establishment day.

5.

Laying of orders before Houses of Oireachtas.

6.

Expenses.

PART 2

Digital Hub Development Agency

7.

Establishment of Agency.

8.

Functions of Agency.

9.

Development plan.

10.

Strategic, etc., plans.

11.

Conferral of additional functions on Agency.

12.

Directives of Minister to Agency.

13.

Subsidiaries, investments, joint ventures, etc.

14.

Charges by Agency.

15.

Membership of Agency and term of office of members.

16.

Chairperson of Agency.

17.

Meetings of Agency.

18.

Committees of Agency.

19.

Chief Executive of Agency.

20.

Staff of Agency.

21.

Superannuation.

22.

Membership of either House of Oireachtas or European Parliament.

23.

Code of conduct.

24.

Declaration of interests.

25.

Disclosure by members of Agency of certain interests.

26.

Disclosure by staff of Agency, etc., of certain interests.

27.

Prohibition on unauthorised disclosure of confidential information.

28.

Gifts.

29.

Advances by Minister to Agency.

30.

Borrowings.

31.

Accounts and Audits.

32.

Accountability of chief executive to Committee of Public Accounts.

33.

Accountability of chief executive to other Oireachtas Committees.

34.

Reports and information to Minister.

35.

Consultants and advisers.

36.

Seal of Agency.

37.

Indemnification.

38.

Immunity of Agency.

PART 3

Dissolution of Digital Media Development Limited and

Transitional Provisions

39.

Dissolution of Digital Media Development Limited.

40.

References to former company in enactments.

41.

Transfer to Agency of assets and liabilities of former company and Commissioners of

Public Works in Ireland.

42.

Preservation of certain contracts and adaptation of references to former company.

43.

Pending legal proceedings.

44.

Final accounts of former company.

PART 4

Amendment of Communications Regulation Act

2002

45.

Amendment of Communications Regulation Act 2002.

SCHEDULE

Description of Digital Hub

Acts Referred to

Communications Regulation Act 2002

2002, No. 20

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2001

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Planning and Development Act 2000

2000, No. 30

Postal and Telecommunications Services Act 1983

1983, No. 24

Superannuation Acts 1834 to 1963

Superannuation and Pensions Act 1976

1976, No. 22

Wireless Telegraphy Act 1926

1926, No. 45

Number

23

of

2003

Digital Hub Development Agency

Act 2003

REVISED

Updated to 1 June 2025

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A

BODY TO BE KNOWN AS THE DIGITAL HUB

DEVELOPMENT AGENCY, TO DEFINE ITS FUNCTIONS,

TO DISSOLVE DIGITAL MEDIA DEVELOPMENT

LIMITED, TO AMEND THE COMMUNICATIONS REGULATION

ACT 2002 AND TO PROVIDE FOR CONNECTED

MATTERS. [8

th July

, 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 the

Environment, Climate and

Communications

construed as Minister for and Department of

Tourism,

Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025) by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1,

in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. See

below in E-notes for history of transfers of functions and changes of names of

Minister and Department.

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 Tourism,

Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department

of the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht,

Sport and Media.

3. (1) The functions vested in the

Minister for the Environment, Climate and Communications —

(a) by or under the Acts or

provisions of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister

for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for

the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Schedule

Part 1

...

Digital Hub Development Agency Act

2003 (No. 23 of 2003)

...

Note change of name of Minister

and Department of

Tourism, Culture, Arts, Gaeltacht, Sport and Media

to

•

Culture, Communications and Sport

(2.06.2025) by

Tourism, Culture, Arts,

Gaeltacht, Sport and Media (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 236 of 2025), in effect as per art.

1(2).

C2

Functions transferred and

references to "Department of Finance" and "Minister for Finance" construed

(29.07.2011) by

Finance (Transfer of Departmental Administration and

Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and

sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in

arts. 6-9.

(1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of

(a) the enactments specified in

Schedule 1, and

(b) the statutory instruments

specified in Schedule 2, are transferred to the Minister for Public Expenditure

and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 23 of 2003

Digital Hub

Development Agency Act 2003

Sections 3, 10,

11, 12, 13, 18(6), 24, 28(5) and 29

...

...

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references to Minister for and Department of the

Environment, Climate and

Communications

construed as Minister for and Department of

Tourism,

Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025) by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1,

in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. See

below in E-notes for history of transfers of functions and changes of names of

Minister and Department.

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 Tourism,

Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department

of the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht,

Sport and Media.

3. (1) The functions vested in the

Minister for the Environment, Climate and Communications —

(a) by or under the Acts or

provisions of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister

for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for

the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Schedule

Part 1

...

Digital Hub Development Agency Act

2003 (No. 23 of 2003)

...

Note change of name of Minister

and Department of

Tourism, Culture, Arts, Gaeltacht, Sport and Media

to

•

Culture, Communications and Sport

(2.06.2025) by

Tourism, Culture, Arts,

Gaeltacht, Sport and Media (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 236 of 2025), in effect as per art.

1(2).

C2

Functions transferred and

references to "Department of Finance" and "Minister for Finance" construed

(29.07.2011) by

Finance (Transfer of Departmental Administration and

Ministerial Functions) Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and

sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in

arts. 6-9.

(1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of

(a) the enactments specified in

Schedule 1, and

(b) the statutory instruments

specified in Schedule 2, are transferred to the Minister for Public Expenditure

and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 23 of 2003

Digital Hub

Development Agency Act 2003

Sections 3, 10,

11, 12, 13, 18(6), 24, 28(5) and 29

...

...

...

Section

1.

Short title.

2.

Interpretation.

3.

Extension or variation of digital hub area.

4.

Establishment day.

5.

Laying of orders before Houses of Oireachtas.

6.

Expenses.

PART 2

Digital Hub Development Agency

7.

Establishment of Agency.

8.

Functions of Agency.

9.

Development plan.

10.

Strategic, etc., plans.

11.

Conferral of additional functions on Agency.

12.

Directives of Minister to Agency.

13.

Subsidiaries, investments, joint ventures, etc.

14.

Charges by Agency.

15.

Membership of Agency and term of office of members.

16.

Chairperson of Agency.

17.

Meetings of Agency.

18.

Committees of Agency.

19.

Chief Executive of Agency.

20.

Staff of Agency.

21.

Superannuation.

22.

Membership of either House of Oireachtas or European Parliament.

23.

Code of conduct.

24.

Declaration of interests.

25.

Disclosure by members of Agency of certain interests.

26.

Disclosure by staff of Agency, etc., of certain interests.

27.

Prohibition on unauthorised disclosure of confidential information.

28.

Gifts.

29.

Advances by Minister to Agency.

30.

Borrowings.

31.

Accounts and Audits.

32.

Accountability of chief executive to Committee of Public Accounts.

33.

Accountability of chief executive to other Oireachtas Committees.

34.

Reports and information to Minister.

35.

Consultants and advisers.

36.

Seal of Agency.

37.

Indemnification.

38.

Immunity of Agency.

PART 3

Dissolution of Digital Media Development Limited and

Transitional Provisions

39.

Dissolution of Digital Media Development Limited.

40.

References to former company in enactments.

41.

Transfer to Agency of assets and liabilities of former company and Commissioners of

Public Works in Ireland.

42.

Preservation of certain contracts and adaptation of references to former company.

43.

Pending legal proceedings.

44.

Final accounts of former company.

PART 4

Amendment of Communications Regulation Act

2002

45.

Amendment of Communications Regulation Act 2002.

SCHEDULE

Description of Digital Hub

Number

23

of

2003