UNDEVELOPED AREAS ACT, 1952

AN ACT TO AID INDUSTRIAL DEVELOPMENT IN UNDEVELOPED AREAS. [22nd January, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Duration.

1.—This Act shall continue in operation until the 31st day of December, 1958.

2 Definitions.

2.—In this Act—

“the Board” means the body constituted under section 4;

“industrial undertaking” includes an undertaking in existence at the passing of this Act;

“land” includes messages, tenements and hereditaments, houses and buildings of any tenure;

“local authority” means a body specified in subsection (2) of section 2 of the Local Government Act, 1941 (No. 23 of 1941);

“the Minister” means the Minister for Industry and Commerce;

“undeveloped area” means an area to which, in accordance with section 3, this Act applies.

3 Undeveloped areas.

3.—(1) This Act applies to each of the following areas:

• (a) the congested areas,

• (b) any other area to which, by order of the Minister, the Act is for the time being declared to apply.

• (2) The congested areas are—

• (a) the counties of Donegal, Sligo, Leitrim, Roscommon, Mayo, Galway and Kerry,

• (b) the former rural districts of Ballyvaughan, Ennistymon, Kilrush, Scariff, Tulla and Killadysert, in the county of Clare, and

• (c) the former rural districts of Bantry, Castletown, Schull and Skibbereen, in the county of Cork.

• (3) An area to which this Act applies is referred to as an undeveloped area.

4 An Foras Tionscal.

4.—(1) There shall be a body to be known as An Foras Tionscal (in this Act referred to as the Board) to perform the functions given to them by this Act.

• (2) The provisions of the First Schedule shall apply to the Board.

5 General powers of Board.

5.—(1) For the purpose of providing or facilitating the provision of sites or premises for the establishment, development or maintenance in an undeveloped area of an industrial undertaking in respect of which the Board are satisfied that—

• (a) it would be likely to provide or maintain employment in such area, and.

• (b) financial assistance is necessary to ensure its establishment, maintenance or development, and

• (c) it is of a reasonably permanent nature and will be carried on efficiently,

the Board may, on such terms as they think proper—

• (i) acquire any land either permanently or temporarily and either by agreement or compulsorily;

• (ii) acquire (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, water right or other right whatsoever over or in respect of any land or water;

• (iii) terminate, restrict or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, water right or other right whatsoever over or in respect of any land or water;

• (iv) construct, adapt and maintain buildings and other works;

• (v) provide services and facilities in connection with land;

• (vi) sell, lease or otherwise dispose of land vested in them;

• (vii) make grants to aid persons to—

• (I) acquire land,

• (II) construct, adapt and maintain buildings and other works, and

• (III) provide services and facilities in connection with land;

• (viii) do any act or thing which may be necessary for or incidental to the doing of anything which the Board are by the preceding paragraphs authorised to do.

• (2) The provisions of the Second Schedule shall apply to the exercise by the Board of their powers under this section.

• (3) No stamp duty shall be payable on any instrument under which any land, easement, way-leave, water right or other right whatsoever over or in respect of land or water is acquired by the Board.

• (4) Nothing in subsection (1) of this section shall be construed as affecting the operation of section 130 of the Transport Act, 1944 (No. 21 of 1944).

6 Grants for machinery and equipment.

6.—(1) The Board may make grants, on such terms as they think proper, towards the provision of machinery and equipment for an industrial undertaking in an undeveloped area if the Board are satisfied that—

• (a) the undertaking would be likely to provide or maintain employment in such area, and

• (b) financial assistance is necessary to ensure its establishment, maintenance or development, and

• (c) it is of a reasonably permanent nature and will be carried on efficiently.

• (2) The total amount so granted shall not in any case exceed one-half of the cost of the machinery or equipment provided.

7 Grants for training of workers.

7.—(1) The Board may make grants, on such terms as they think proper, for the training, either in the State or elsewhere, of workers in skilled processes of an industrial undertaking in an undeveloped area if the Board are satisfied that—

• (a) the undertaking would be likely to provide or maintain employment in such area, and

• (b) financial assistance is necessary to ensure its establishment, maintenance or development, and

• (c) it is of a reasonably permanent nature and will be carried on efficiently.

• (2) The total amount so granted shall not exceed the actual amount of the wages paid by the undertaking to the workers during their period of training together with, in the case of workers trained outside the State, the amount of their expenses of travel and subsistence.

• (3) In estimating the amount of wages of a worker for this purpose any amount paid in excess of the normal trade union rates applicable to a learner in similar employment in the same or a comparable area shall be disregarded.

8 Grants for roads, bridges, harbour works, railway lines and facilities housing and, canteens.

8.—(1) The Board may, in aid of an industrial undertaking likely to provide or maintain employment in an undeveloped area, make grants, on such terms as they think proper, for—

• (a) the construction and repair of roads, bridges, harbour works and railway lines and facilities, and

• (b) the provision of houses and other dwelling accommodation and canteens and other places of refreshment or recreation for persons employed in the undertaking.

• (2) Before making a grant under this section in respect of a public road or bridge, the Board shall consult with the Minister for Local Government.

9 Remission of rates.

9.—(1) This section applies to premises certified by the Board to have been provided for an industrial undertaking in an undeveloped area either by the Board or by means of a grant made by them.

• (2) A local authority may, if they think fit, remit two-thirds of a rate leviable by them in respect of premises to which this section applies.

• (3) The remission shall, subject to subsection (4), have effect in respect of the local financial year next following that in which the decision to grant the remission is made and in respect of each of the next nine local financial years.

• (4) If, in any local financial year, the Board certify that the undertaking has failed to observe the terms upon which the premises were provided, the remission shall not have effect in respect of that local financial year.

• (5) A remission shall not be granted more than once in respect of the same premises.

• (6) Where premises are not separately valued under the Valuation Acts, the Commissioner of Valuation may, on the application of the Board, apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the premises are comprised.

• (7) The powers conferred on a local authority by this section shall be reserved functions for the purposes of the County Management Acts, 1940 and 1942.

10 Electric current at low rates.

10.—The Electricity Supply Board shall, if so required by order of the Minister, made on the recommendation of the Board constituted under this Act, supply to an industrial undertaking in an undeveloped area electric current for any purpose at a rate not exceeding the lowest rate at which current is provided for that purpose in any part of the State.

11 Application of section 16 of Town and Regional Planning Act, 1934.

11.—The Board shall be a statutory board for the purposes of section 16 of the Town and Regional Planning Act, 1934 (No. 22 of 1934), which relates to co-operation with planning authorities with a view to ensuring conformity with planning schemes.

12 Grants to Board.

12.—(1) The Minister, with the consent of the Minister for Finance, may, out of moneys provided by the Oireachtas, make grants to the Board to enable them to perform their functions.

• (2) The aggregate amount of grants under this section shall not exceed two million pounds.

13 Expenses of Minister.

13.—The expenses incurred by the Minister in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

14 Short title.

14.—This Act may be cited as the Undeveloped Areas Act, 1952.

FIRST SCHEDULE. An Foras Tionscal.

SECOND SCHEDULE. Provisions relating to exercise of powers of Board.

Acquisition of Land.