Industrial Development Act , 1969

PART I Preliminary And General

1 Short title.

1.—This Act may be cited as the Industrial Development Act, 1969.

2 Definitions.

2.—In this Act—

“the Act of 1950” means the Industrial Development Authority Act, 1950;

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

“the Act of 1966” means the Industrial Grants (Amendment) Act, 1966;

“the Authority” means the Industrial Development Authority;

“fixed assets” means machinery, plant, equipment, land, buildings, services and other works of or for an industrial undertaking;

“industrial undertaking” includes an undertaking ancillary to industry;

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

“local authority” has the same meaning as in section 2 of the Local Government Act, 1941;

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

3 Commencement.

3.—(a) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

(b) An order made under this section shall as soon as may be after it is made be laid before each House of the Oireachtas.

4 Repeals.

4.—The enactments specified in column (1) of the Third Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

5 Expenses.

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

6 Designated areas.

6.—(1) Each of the following shall be a designated area for the purposes of this Act—

(a) the congested areas as defined in section 3 of the Act of 1952,

(b) an area which before the commencement of this section was declared by an order under section 3 of the Act of 1952 to be an area to which that Act applied,

(c) any area which the Minister from time to time, with the consent of the Minister for Finance, declares by order to be a designated area.

(2) An order under this section may declare an area to be a designated area for such period as is specified in the order.

(3) An order made under this section shall as soon as may be after it is made be laid before each House of the Oireachtas.

PART II Provisions Relating to the Dissolution of an Foras Tionscal

7 Dissolution of An Foras Tionscal.

7.—An Foras Tionscal (in this Part of this Act and in the First Schedule to this Act referred to as the dissolved Board) is hereby by virtue of this section dissolved.

8 Transfer of powers, functions, etc. to Industrial Development Authority.

8.—Save as otherwise provided by this Act, the powers, functions and rights conferred on the dissolved Board by the Undeveloped Areas Acts, 1952 to 1969, and the Industrial Grants Acts, 1959 to 1969, and the duties and liabilities imposed by those Acts on the dissolved Board are hereby transferred to the Authority.

9 Provisions consequential on dissolution.

9.—The First Schedule to this Act shall have effect in relation to the dissolution effected by this Part of this Act.

10 Winding up of superannuation schemes.

10.—(1) The Minister may, on or after the commencement of this Part of this Act by regulations made with the consent of the Minister for Finance, provide for the winding up of a scheme made under section 6 of the Act of 1966.

(2) Regulations under this section may contain such consequential or ancillary provisions as appear to the Minister to be necessary.

(3) A regulation made under this section shall as soon as may be after it is made be laid before each House of the Oireachtas.

PART III Industrial Development Authority

Chapter I General Provisions

11 Additional functions of the Authority.

11.—The Authority shall have, in addition to the functions assigned to it by section 3 of the Act of 1950, the following general functions—

(i) to act under the Minister as a body having national responsibility for the furtherance of industrial development;

(ii) to provide and administer such grants and other financial facilities for industry as it may be authorised by the Oireachtas to provide and to administer;

(iii) to develop, construct, maintain and administer industrial estates and factory buildings (other than at the Shannon Customs Free Airport) together with the associated facilities of such estates and buildings;

(iv) to provide and arrange, where the Authority considers it necessary, housing for employees in industry;

(v) to foster the national objective of regional industrial development.

12 Promotion of regional development.

12.—The Authority may in the exercise of its functions have regard to the extent to which an industrial undertaking will serve to promote national objectives for regional development.

13 Restriction of section 5 of Act of 1950.

13.—Section 5 of the Act of 1950, which relates to the Authority's power to summon witnesses, shall not apply to the functions conferred on the Authority by this Act.

14 Authority not to make grants relating to undertakings at Shannon Customs Free Airport.

14.—The Authority shall not make a grant in respect of the establishment, development or maintenance of an industrial undertaking at the Shannon Customs Free Airport.

15 Provision of sites and services by the Authority for industrial development.

15.—(1) The Authority may provide sites, buildings, services and facilities in any part of the State (other than at the Shannon Customs Free Airport) where the Authority considers or anticipates that industrial development will or is likely to occur.

(2) The powers conferred on An Foras Tionscal by section 5 of the Act of 1952 and vested in the Authority by virtue of Part II of this Act may be exercised by the Authority for the purposes of subsection (1) of this section in any part of the State other than the Shannon Customs Free Airport.

16 Provision by Authority of housing for employees in industry.

16.—(1) The Authority may provide and arrange the provision of housing intended for occupation by employees in industry and, for this purpose, may buy, lease or sell lands, subsidise rents and do everything necessary or ancillary to such provision.

(2) The Authority may carry out its functions under this section by arrangement with or through the agency of the National Building Agency Limited, a local authority or the industry in connection with which the housing is being provided.

17 Grants to the Authority.

17.—(1) In each financial year there may be paid by the Minister to the Authority out of moneys provided by the Oireachtas grants of such amounts as the Minister with the consent of the Minister for Finance may sanction to enable the Authority—

(a) to meet its administration and general expenses, and

(b) to discharge the obligations or liabilities incurred by the Authority under this Act or otherwise, including any obligations or liabilities incurred by reason of any transfer of powers or functions effected by this Act.

(2) The aggregate amount of grants made by the Authority under the Industrial Grants Act, 1956, and of grants (other than grants under section 12 of the Act of 1952) made by An Foras Tionscal and the Minister under the Undeveloped Areas Acts, 1952 to 1969, and the Industrial Grants Acts, 1959 to 1969, and by the Authority under this Act, and of payments made by An Foras Tionscal and the Minister on foot of guarantees given by An Foras Tionscal and the Minister under the Industrial Grants Act, 1959 and of payments made by the Authority on foot of guarantees given under this Act and of payments made by An Foras Tionscal or the Authority under section 4 of the Act of 1966 and of payments made by the Authority under section 15 of this Act, shall not exceed £100,000,000.

(3) The aggregate amount of grants under section 12 of the Act of 1952, section 3 of the Industrial Grants Act, 1956, and subsection (1) (b) of this section shall not exceed £100,000,000.

18 Transfer of certain powers to An Chomhairle Oiliúna.

18.—(1) The Minister may by order, made with the consent of the Minister for Labour, provide for the transfer to An Chomhairle Oiliúna of some or all (as may be specified in the order) of the powers conferred on the Authority by section 39 of this Act.

(2) An order under this section may make such consequential and ancillary provisions and such adaptations as appear to the Minister to be necessary.

(3) An order made under this section shall as soon as may be after it is made be laid before each House of the Oireachtas.

19 Authority's power to accept gifts.

19.—(1) The Authority may accept a gift of money, land or other property on such trusts and conditions as may be specified by the donor.

(2) The Authority shall not accept a gift if a condition attached by the donor to the acceptance of the gift is inconsistent with the functions of the Authority.

20 Temporary borrowing by Authority.

20.—The Authority may, with the consent of the Minister given with the concurrence of the Minister for Finance, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for current expenditure.

21 Authority's power to employ consultants and advisers.

21.—The Authority may, out of moneys at its disposal, from time to time employ such consultants or advisers as it may consider necessary for the discharge of its functions.

22 Application of Second Schedule.

22.—The Second Schedule to this Act shall apply to the Authority.

23 Exemption from stamp duty.

23.—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 Authority.

Chapter II Provisions Relating to Members and Staff

24 Remuneration, etc. of members of Authority.

24.—The remuneration, terms of appointment and conditions of service of the Chairman, Deputy Chairmen and other members may be fixed by contracts entered into with them by the Minister with the consent of the Minister for Finance.

25 Member of Authority becoming candidate for membership of House of Oireachtas.

25.—Section 4 of the Act of 1950 is hereby amended by the substitution of the following for subsection (9) (a):

“(a) Where a member of the Authority is nominated either as a candidate for election to either House of the Oireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a member of the Authority”.

26 Officers and servants of Authority.

26.—(1) The Authority may appoint such and so many persons to be officers and servants of the Authority as it thinks proper from time to time.

(2) An officer or servant of the Authority shall hold office or employment on such terms and conditions as the Authority may from time to time determine.

(3) A person who immediately before the commencement of this section was a person who was appointed by the Minister under section 6 (3) of the Act of 1950 shall on and from such commencement become and be an officer or servant of the Authority.

(4) A person who was appointed an officer or servant of An Foras Tionscal under section 5 (1) of the Act of 1966 shall on and from the commencement of this section become and be an officer or servant of the Authority.

(5) A person who was appointed by the Minister pursuant to an order made under section 5 (1) of the Civil Service Commissioners Act, 1956, to serve the Authority shall on and from the commencement of this section become and be an officer or servant of the Authority and any such order shall on and from the commencement of this subsection cease to have effect.

(6) An officer or servant of the Authority shall be paid such remuneration and allowances as the Authority, with the consent of the Minister and the Minister for Finance, may from time to time determine.

27 Superannuation of staff referred to in section 26.

27.—(1) The Authority shall 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 referred to in section 26 of this Act as it 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 Authority 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 Authority 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) An officer or servant of the Authority becoming entitled to superannuation benefits under this section shall, if appointed a whole-time member of the Authority, not be entitled to the superannuation benefits to which, but for this subsection, he would have been entitled under section 28 of the Superannuation and Pensions Act, 1963.

28 Disclosure of documents.

28.—The Authority shall not, without the consent of the Minister, disclose any document in its custody or under its control, production of which is sought in relation to any legal proceeding, and the Minister may claim the like privilege in respect of the document as if it were in his own custody.

29 Disclosure of information.

29.—(1) No person who is an officer or servant of, or an adviser or consultant to, the Authority shall disclose any information obtained by him while performing duties as such officer, servant, adviser or consultant.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(3) Nothing in subsection (1) of this section shall prevent—

(a) disclosure of information in a report made to the Authority or (on behalf of the Authority) to the Minister,

(b) disclosure of information by the Authority for the purpose of a scheme of research or development.

(4) A member of the Authority shall not be prevented from disclosing information for the purpose of a scheme of research or development.

30 Officer or servant of Authority becoming member of House of Oireachtas.

30.—(1) Where a person who is either an officer or a servant in the employment of the Authority becomes a member of either House of the Oireachtas—

(a) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or, if it should sooner happen, upon his resignation or retirement from that employment by the Authority, stand seconded from that employment,

(b) he shall not be paid by, or entitled to receive from, the Authority any remuneration or allowances in respect of the secondment period,

(c) if there is in force a scheme made under section 27 of this Act and the scheme establishes a fund to which the Authority and the person pay contributions—

(i) the secondment period shall, for the purposes of the scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if—

(I) he was in the permanent employment of the Authority and was a contributor under the scheme immediately before the commencement of the secondment period,

(II) he elects, by notice in writing given to the Authority within three months after the commencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this section, and

(III) he pays, at such times and in such manner as the person duly appointed to administer the scheme may specify, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which the Authority would have paid in respect of the secondment period if he had remained without secondment under this subsection in the service of the Authority during the secondment period and had been in receipt of remuneration from the Authority during the period,

(ii) the Authority shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which the Authority would have paid under the scheme in respect of the secondment period if he had remained without secondment under this subsection in the service of the Authority during the secondment period and had been in receipt of remuneration from the Authority during that period shall, for the purposes of the scheme, be deemed to have been paid by the Authority,

(iii) if the secondment period is terminated by his death or by his retirement from that employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of the Authority, as the case may be, and to have been in receipt of remuneration from the Authority immediately before such death or retirement, as the case may be,

(iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subsection, he ceases to pay contributions as aforesaid, he shall, for the purposes of the scheme, be deemed to have resigned from that employment,

(I) in case he ceases to pay contributions as aforesaid—on the date of the last payment, and