National Agricultural Advisory, Education and Research Authority Act , 1977

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the National Agricultural Advisory, Education and Research Authority Act, 1977.

(2) 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 any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

2 Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Agriculture Acts” means the Agriculture Acts, 1931 to 1974;

“the Act of 1931” means the Agriculture Act, 1931;

“the Act of 1944” means the Agriculture (Amendment) Act, 1944;

“the Act of 1956” means the Local Government (Superannuation) Act, 1956;

“the Act of 1958” means the Agriculture (An Foras Talúntais) Act, 1958;

“agriculture” includes—

(a) horticulture, dairying, the breeding of horses, cattle, pigs and other livestock, poultry and bee-keeping,

(b) the cultivation, production and preservation of crops, including grass,

(c) the use and application of manures and fertilisers,

(d) the production and processing of meat and other livestock products, milk and other dairy products, eggs and other poultry products, honey and other bee products, fruit and other horticultural products, and

(e) animal nutrition, farm management, farm home management, agricultural economics, marketing and other activities and sciences which relate to or tend to improve or develop agriculture,

and cognate words shall be construed accordingly;

“the Authority” means the National Agricultural Authority established under section 9;

“basic veterinary research” includes research in relation to diseases of animals and poultry, but does not include—

(a) the diagnosis, on behalf of the Minister, herdowners, flock-owners or veterinary practitioners, of disease in animals or poultry by means of clinical or laboratory examination of individual animals or birds, whether live or dead, or of their carcases, or of specimens taken from them, or

(b) investigations, tests, inquiries or trials arising from disease eradication and hygiene control programmes operated by the Minister;

“the Board” means the Board, established under section 25, of the Authority;

“the chairman” means the chairman of the Board;

“committee of agriculture” means a committee established under section 13 of the Act of 1931;

“county” means an administrative county and does not include a county borough;

“the Director” means the Director of the Authority;

“education” includes training and cognate words shall be construed accordingly;

“financial year” means a year commencing on the 1st day of January and “local financial year” in relation to a committee of agriculture has the same meaning;

“functions” includes powers and duties;

“higher education” means education in an institution of higher education as defined in the Higher Education Authority Act, 1971;

“local authority” has the same meaning as in section 2 of the Local Government Act, 1941, but includes a committee of agriculture;

“the Institute” means An Foras Talúntais established by the Agriculture (An Foras Talúntais) Act, 1958;

“the Minister” means the Minister for Agriculture;

“prescribed” means prescribed by order of the Minister;

“research” includes research in relation to forestry and plant breeding, and investigation, test, experiment, analysis and study, but does not include, except where the Minister has, in writing, given his approval or so requests—

(a) the testing of—

(i) livestock in relation to or in conjunction with national breeding programmes operated by the Minister, or

(ii) grass, cereal, root or vegetable seeds, potatoes or plants in relation to, or in conjunction with, schemes of certification operated by the Minister, or in regard to the preparation by the Minister of lists of acceptable or recommended varieties of such seeds, potatoes or plants (whether for the purpose of implementing any directive of the European Economic Community or otherwise) or for the purpose of a grant of proprietary rights to breeders of new varieties of such seeds, potatoes or plants, or

(iii) samples of seeds taken in accordance with section 13 of the Agricultural Seeds Act, 1936, or

(b) the testing or analysis on behalf of the public, manufacturers or processors, or otherwise in pursuance of statutory requirements, of samples of fertilisers, feeding stuffs, pesticides, mineral mixtures or agricultural products.

(2) In this Act a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other enactment is intended.

(3) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by any other enactment including this Act.

3 Orders.

3.—(1) The Minister may by order prescribe anything in this Act referred to as prescribed or to be prescribed.

(2) The Minister may by order amend or revoke any order made under this Act including an order under this subsection.

4 Laying of orders.

4.—Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

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 Disposal of moneys.

6.—Moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

7 Repeals.

7.—(1) Subject to subsection (2), each enactment set out in the Fourth Schedule is hereby repealed to the extent specified in the third column of that Schedule.

(2) Until the commencement of any particular provision of this Act, the corresponding provision of the repealed enactment shall remain in force.

(3) Any document referring to any repealed enactment shall be construed as referring to this Act or the corresponding provision of this Act.

8 Continuance of orders and regulations.

8.—Every order and regulation made under a repealed enactment and in force immediately before the commencement of this Act (or, as the case may be, before the commencement of the relevant provision of this Act) shall continue in force and may be amended or revoked as if made under this Act.

PART II The National Agricultural Authority

9 Establishment of the Authority.

9.—(1) There shall be established a body to be known as the National Agricultural Authority to perform the functions given to it by this Act.

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

10 Dissolution of the Institute.

10.—The Institute is hereby dissolved.

11 General functions of the Authority.

11.—The Authority shall have the general functions, subject to the provisions of this Act, of providing, or causing to be provided, educational, advisory and research services in agriculture and making available the scientific and practical knowledge required by the agricultural industry.

12 Education functions.

12.—(1) Without prejudice to the generality of section 11 and subject to subsection (2), the Authority shall have the functions in relation to agricultural education (other than higher education) which, immediately before the commencement of this section, were exercised or performed or were capable of being exercised or performed by the Minister or by committees of agriculture, and the Authority may, in particular—

(a) provide and organise residential or non-residential whole-time or part-time courses in agriculture;

(b) provide and organise lectures and classes in agriculture;

(c) provide and organise seminars and conferences on agricultural education and on specific problems and programmes in relation thereto;

(d) make grants to institutions providing courses of study in agriculture;

(e) provide scholarships to students of agriculture at institutions of higher education, or such other institutions as may be approved by the Minister; and

(f) arrange and provide for the attendance, as may be considered desirable, of students at courses in agriculture or in related subjects provided by other educational institutions.

(2) Save as provided by section 17, the Authority shall not, except with the prior approval of the Minister, provide courses in higher education or courses which in the opinion of the Minister are of an equivalent standard or make grants to institutions providing such courses.

13 Co-operation with other educational institutions.

13.—(1) The Authority shall—

(a) maintain close liaison with the Minister for Education and with other educational institutions, and

(b) keep itself informed of the courses available to students in agricultural and allied sciences provided by the Minister for Education and by other educational institutions and may, on such terms as may be agreed upon, arrange for the attendance at these courses (or at particular classes which form part of these courses) of students enrolled in courses provided by the Authority.

(2) The Authority may also, on such terms as may be agreed, make corresponding arrangements for the attendance at classes or courses run by the Authority of students enrolled in courses provided by the Minister for Education and by other educational institutions.

14 Implementation of EEC directives.

14.—The Authority shall provide courses in agriculture for the purpose of implementing directives of the European Economic Community when requested to do so by the Minister.

15 Advisory functions.

15.—Without prejudice to the generality of section 11, the Authority shall, in relation to agricultural advice and instruction, have such functions as, immediately before the commencement of this section, were exercised or performed or were capable of being exercised or performed by committees of agriculture or by the Minister, and the Authority may, in particular—

(a) provide in each county an advisory service designed to assist farm families and others engaged in agriculture to make the best use of their resources and to encourage them, through the adoption of better practices and improved management, to increase output and income and to raise their standard of living generally;

(b) take steps to encourage, through co-operative effort and otherwise, improvement in the economic and social conditions of those engaged in agriculture in each county;

(c) provide for the dissemination of advice and instruction in agriculture by means of farm visits and otherwise;

(d) provide for giving advice on farm management;

(e) arrange for the conduct of field and livestock experiments and demonstrations;

(f) take steps to ensure that the results, as may be appropriate, of agricultural research are made known as speedily and as widely as possible to those engaged in agriculture;

(g) adopt measures to ensure that those engaged in agriculture—

(i) are fully informed as expeditiously as possible of schemes and facilities for the development of agriculture operated by the Minister and by other agencies, and

(ii) are encouraged to avail themselves of those schemes and facilities;

(h) provide and organise seminars, conferences and lectures in relation to agricultural advice and on specific problems and programmes in relation thereto.

16 Liaison with Minister and other agencies.

16.—The Authority shall—

(a) maintain close liaison and co-operate, as may be necessary, with the Minister and other agencies in the operation of such schemes and facilities for agricultural development as may be administered by them, and

(b) provide such facilities and assistance as the Minister may require for the purpose of implementing directives of the European Economic Community in relation to the development of agriculture.

17 Research functions.

17.—(1) Without prejudice to the generality of section 11 and subject to subsection (4), it shall be a function of the Authority to review, facilitate, encourage, assist, co-ordinate, promote and undertake agricultural research and basic veterinary research and, in relation to such research, the Authority shall also have such functions as, immediately before the commencement of this section, were exercised or performed or were capable of being exercised or performed by the Minister.

(2) In relation to agricultural research and basic veterinary research, the Authority may, in particular—

(a) make grants, subject to such conditions as it may think fit to impose, to persons engaged in such research for the extension and development of their facilities for carrying out the research,

(b) provide, as it considers desirable, such new facilities for carrying out such research and provide for their use, control and administration by or on behalf of the Authority or otherwise,

(c) provide for the use, control and administration by the Authority of such facilities as may be transferred to it for the carrying out of such research,

(d) consult with and advise persons engaged in carrying out such research in relation to their programmes of research,

(e) award fellowships, subject to such conditions as it may think fit to impose, to persons who have done outstanding work in relation to such research,

(f) provide and organise courses of study for advanced students in such research and related subjects,

(g) provide and organise seminars, conferences, lectures and demonstrations on such research and related subjects and on specific problems and programmes in relation thereto,

(h) disseminate, or procure the dissemination of, the results of such research to interested persons, including, in particular, persons engaged in providing advisory services in relation thereto,

(i) publish, or procure the publication of, the results of such research,

(j) make grants, subject to such conditions as it may think fit to impose, to assist the carrying out of specific programmes of agricultural or basic veterinary research, or of specific agricultural or basic veterinary research, and

(k) provide scholarships and other awards for the carrying out of post-graduate agricultural or basic veterinary research.

(3) In case of doubt as to whether any activity in relation to veterinary research is or is not proper to the Authority, the decision of the Minister shall be final.

(4) The functions of the Authority shall not include any function assigned to the Institute for Industrial Research and Standards by the Industrial Research and Standards Act, 1961.

(5) Section 6 of the Industrial Research and Standards Act, 1961, is hereby amended by the substitution for subsection (4) of the following subsection:

“(4) The functions of the Institute shall not include any function assigned to the National Agricultural Authority by the National Agricultural Advisory, Education and Research Authority Act, 1977.”

(6) If there is disagreement as to whether any activity in relation to research is proper to the Authority or the Institute for Industrial Research and Standards, the matter shall be determined by the Minister and the Minister for Industry and Commerce.

18 Specific duty of the Authority in relation to research.

18.—The Authority shall maintain close liaison with the Universities, other institutions of higher education and other bodies engaged in research activities so as to keep itself informed of the activities of those institutions and bodies in relation to agricultural and veterinary research and in order to avoid duplication of effort and, for that purpose, the Authority may, subject to the approval of the Board, engage in joint research activities with such institutions and bodies.

19 Assignment of specific activities.

19.—(1) The Authority may, on such terms and conditions as the Minister may, with the consent of the Minister for the Public Service, approve, arrange for the performance of any activity in relation to any of its functions by the Minister or by another agency.

(2) The Minister may, with the consent of the Minister for the Public Service, prepare a list of activities of the Authority which may, at the request of the Authority, be performed by the Minister or by another agency and any such activity may, notwithstanding subsection (1), be performed without the further consent of the Minister for the Public Service.

20 Assignment of additional functions.

20.—The Minister may, subject to the consent of the Minister for the Public Service, on such terms and conditions as he may determine, by order assign to the Authority such of his functions as he may think fit in relation to Council Directive No. 72/159/EEC of the 17th day of April, 1972, on the modernisation of farms.

21 Advice to the Minister.

21.—The Authority shall advise the Minister on any matter relating to agricultural education, advice or research or to basic veterinary research on which its views are requested by the Minister.

22 Fees.

22.—(1) Subject to subsection (2), the Authority may charge, receive and recover fees for agricultural research or basic veterinary research undertaken on behalf of any person, firm, institution or agency and for services, courses, seminars, lectures and demonstrations provided or organised by it.

(2) No fee may, however, be charged in respect of—

(a) any advice that may be given by the Authority in response to a request from the Minister under section 21, or

(b) any facilities, assistance or courses of instruction that may be provided by the Authority under section 14 or 16 (b),

but the cost to the Authority of providing the services referred to in this subsection shall rank as an expense of the Authority and shall be taken into account when the amount of the annual grant referred to in section 48 (1) (b) is being determined.

23 Donations.

23.—(1) The Authority may—