INDUSTRIAL GRANTS (AMENDMENT) ACT, 1966

AN ACT TO AMEND AND EXTEND THE UNDEVELOPED AREAS ACTS, 1952 TO 1963, AND THE INDUSTRIAL GRANTS ACTS, 1959 TO 1964. [1st June, 1966.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—In this Act—

“the Act of 1952” means the Undeveloped Areas Act, 1952;

“the Board” means An Foras Tionscal;

“factory building” means a building which is used or intended to be used for carrying on an industrial undertaking together with any other building which is subsidiary or ancillary thereto and is used or intended to be used for a purpose connected with the undertaking, including the purpose of an office or staff canteen;

“industrial estate” means an area of land used mainly for industrial purposes and purposes ancillary or incidental thereto and having on it at least two factory buildings;

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

2 Time for making of grants for enlargement or adaptation of undertakings.

2.—A grant may be made under section 4 of the Undeveloped Areas (Amendment) Act, 1963, after the 31st day of March, 1966, in respect of an enlargement or adaptation that is of the kind referred to in that section and is approved by the Board on or after the 31st day of March, 1966, and before the 31st day of December, 1967, and a grant may be made under section 4 of the Industrial Grants (Amendment) Act, 1963, after the 31st day of March, 1966, in respect of an enlargement or adaptation that is of the kind referred to in that section and is approved by the Board on or after the 31st day of March, 1966, and before the 31st day of December, 1967, if, in each case, an application for the grant is made to the Board, before the 30th day of September, 1967, and, in case the application is made after the 31st day of March, 1966, the enlargement or adaptation is commenced after the date of the making of the application and, accordingly, “31st day of December, 1967” is hereby substituted for “31st day of March, 1966” (inserted by the Industrial Grants (Amendment) Act, 1964) in each place where it occurs in subsection (5) of those sections and, “an application for the grant is made to the Board before the 30th day of September, 1967 and, (notwithstanding anything contained in subsection (4) of this section) if the application is made after the 31st day of March, 1966, the enlargement or adaptation is commenced after the date of the making of the application” is hereby inserted at the end of each of those subsections.

3 Amount of grants by An Foras Tionscal.

3.—The aggregate amount of grants made by the Industrial Development Authority under the Industrial Grants Act, 1956, and of grants (other than grants under section 12 of the Act of 1952) made by the Board and the Minister under the Undeveloped Areas Acts, 1952 to 1966, and the Industrial Grants Acts, 1959 to 1966, and of payments made by the Board and the Minister on foot of guarantees given by the Board and the Minister under the Industrial Grants Act, 1959, shall not exceed thirty million pounds.

4 Industrial estates.

4.—(1) The Board may establish, develop, maintain and manage industrial estates and shall have and enjoy all such powers as are necessary for or incidental or relevant to the exercise of the powers aforesaid.

• (2) Without prejudice to the generality of subsection (1) of this section, the Board—

• (a) shall have and enjoy for the purposes of this section the powers specified in section 5 (1) (i) to (vi) and (viii) of the Act of 1952 that they have and enjoy for the purposes of that section, and subsections (2) to (4) of that section shall apply and have effect in relation to the exercise by the Board of the powers aforesaid for the purposes of this section as they apply in relation to such exercise for the purposes of that section,

• (b) may erect, alter or adapt, or procure the erection, alteration or adaptation, of factory buildings,

• (c) may sell, lease or otherwise dispose of factory buildings, and

• (d) may provide, or procure the provision of, lighting, heating, power, water, drainage and other services and facilities in factory buildings.

5 Appointment by Board of staff for industrial estates.

5.—(1) The Board may appoint such number of persons as they may consider necessary to be officers and servants of the Board to assist them in establishing, developing, maintaining and managing industrial estates under this Act.

• (2) Subject to subsections (3) and (4) of this section, officers and servants appointed under this section shall hold office on such terms and subject to such conditions and receive such remuneration as the Board may determine.

• (3) The rates of remuneration of and the amount of any allowance for expenses given to officers or servants appointed under this section shall be subject to the approval of the Minister given with the consent of the Minister for Finance.

• (4) The other terms and conditions of employment of a person who is appointed under this section to be a chief executive shall be subject to the approval of the Minister given with the consent of the Minister for Finance.

6 Superannuation of staff appointed under section 5.

6.—(1) The Board may prepare and submit to the Minister a contributory scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to or in respect of such officers and servants appointed under section 5 of this Act as they may think fit.

• (2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (3) The Board may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved of under this section.

• (4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Board in accordance with its terms.

• (5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

• (6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7 Separate accounts.

7.—The accounts which the Board are required by paragraph 10 of the First Schedule to the Act of 1952 to keep shall include separate accounts of moneys received and expended by them under sections 4 to 6 of this Act.

8 Separate report.

8.—The report which the Board are required by paragraph 11 of the First Schedule to the Act of 1952 to submit to the Minister shall include a separate report of their activities under sections 4 to 6 of this Act.

9 Grants to secure reduction of factory rents.

9.—(1) Where a factory building is situate in an area which, in the opinion of the Board, is, or is intended to be an industrial estate (other than an industrial estate established by the Board) and the building is used or intended to be used by a person for the purpose of or in connection with the carrying on of an industrial undertaking and is held by the person under a lease or other letting subject to a rent or other payment, the Board may make grants, upon such terms and subject to such conditions as they think proper to impose, to the person entitled to the rent or other payment to enable him to reduce such rent or payment.

• (2) A grant under this section in relation to a building shall not exceed the amount of the grant which would be payable under section 2 (1) (i) of the Industrial Grants Act, 1959, or section 5 of the Act of 1952, as the case may be, in respect of the industrial undertaking carried on in the building if a grant was not paid under this section in respect thereof.

10 Repeals.

10.—Section 7 (1) of the Industrial Grants (Amendment) Act, 1963, and section 2 of the Industrial Grants (Amendment) Act, 1964, are hereby repealed.

11 Short title and collective citation.

11.—(1) This Act may be cited as the Industrial Grants (Amendment) Act, 1966.

• (2) The Undeveloped Areas Acts, 1952 to 1964, and this Act (in so far as it amends those Acts) may be cited together as the Undeveloped Areas Acts, 1952 to 1966, and the Industrial Grants Acts, 1959 to 1964, and this Act (in so far as it amends those Acts) may be cited together as the Industrial Grants Acts, 1959 to 1966.