Industrial Development Act , 1986

PART I Preliminary and General

1. Short title and commencement.

1.—(1)This Act may be cited as the Industrial Development Act, 1986.

(2)This Act shall come into operation on such day or days as may be fixed therefore 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.

2. Interpretation.

2.—(1)In this Act—

“the Authority” means the Industrial Development Authority;

F1[‘Act of 1966’means theHousing Act 1966;]

“designated area” means any area which, by virtue of section 4, is for the time being a designated area;

“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;

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

F1[‘IDA’means the Industrial Development Agency (Ireland);]

“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;

“industrial undertaking” includes an undertaking ancillary to industry and a service industry, and “industry” shall be construed accordingly;

“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;

“member” means member of the Authority;

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

“repealed enactment” means an enactment repealed by this Act;

“service industry” means an undertaking to which an order under section 3 applies.

(2)In this Act—

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

(b)a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c)a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

3. Service industry. [1981 (No. 2), s. 3]

3.—(1)The Minister may by order provide that any undertaking engaged in the provision of a service specified in the order shall be a service industry for the purposes of this Act.

(2)An order under subsection (1) in relation to a banking service shall not be made except after consultation with the Minister for Finance.

(3)An order under section 3 of the Industrial Development (No. 2) Act, 1981, in force immediately before the commencement of this section shall continue in force and shall be deemed to be an order made under this section.

4. Designated areas. [1952, s. 3; 1969, s. 6. New in pt.]

4.—(1)Subject to subsection (3), each of the areas set out in the Third Schedule and any area which the Minister, with the consent of the Minister for Finance, by order declares to be a designated area shall be a designated area for the purposes of this Act.

(2)An order under subsection (1) may declare an area to be a designated area for such period as is specified in the order.

(3)The Minister may, with the consent of the Minister for Finance, by order terminate the designation of any area, or part thereof, as a designated area.

5. Remission of rates. [1972, s. 3]

5.—(1)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.

(2)The remission shall, subject to subsection (3), have effect in respect of the local financial year in which the premises for the industrial undertaking is first rated and in respect of each of the next nine local financial years.

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

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

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

(6)The powers conferred on a local authority by this section shall be reserved functions for the purposes of the County Management Acts, 1940 to 1972.

(7)This section applies to premises which—

(a)are certified by the Authority to have been provided for an industrial undertaking either by the Authority or by means of a grant made by the Authority, and

(b)are situate in an area which at the time of the provision of the premises was a designated area under a repealed enactment or is a designated area under this Act.

6. Triennial review of national industrial performance.

6.— F2[…]

7. Orders.

7.—(1)The Minister may by order revoke or amend an order made by him under any provision of this Act other than section 1.

(2)An order made under any provision of this Act shall as soon as may be after it is made be laid before each House of the Oireachtas.

8. Expenses.

8.—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.

9. Repeals.

9.—The enactments specified in the Fourth Schedule are hereby repealed to the extent mentioned in the third column of that Schedule.

PART II Industrial Development Authority

10. The Industrial Development Authority. [1950, s. 2]

10.—(1)F3[…]

(2)The Authority in the exercise of its powers and functions shall be responsible to the Minister.

(3)F3[…]

11. Functions of the Authority. [1950, s. 3; 1969, ss. 11, 12, 14, 15. New in pt.]

11.—(1)Subject to the provisions of this Act, the Authority shall be an autonomous body with the following functions:

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

(b)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;

(c)to initiate proposals and schemes for submission to the Minister for the creation and development of industry and the provision and maintenance of industrial employment;

(d)to provide, develop, construct, alter, adapt, maintain and administer industrial estates and factory buildings together with the associated facilities of such estates and buildings;

(e)to foster the national objective of regional industrial development;

(f)to survey possibilities of further industrial development and advise the Minister thereon;

(g)to advise the Minister on steps necessary and desirable for establishing new industry and for the expansion and modernisation of existing industry;

(h)to give on request advice and guidance to persons contemplating starting new industry or expanding existing industry;

F4[(hh)to hold and dispose (whether by sale or otherwise) of stocks, shares and securities standing in the name of the National Development Corporation Limited immediately before the commencement of the Industrial Development (Amendment) Act, 1991, and transferred to the Authority bysection 3of the said Act;]

(i)to provide such assistance of a technical or advisory nature to developing countries as the Minister may consider appropriate; and

(j)to advise on any matter relating to industrial development referred to it by the Minister.

(2)F5[…]

(3)The Authority shall, in the exercise of its functions, act in accordance with policies set out for it from time to time by the Minister.

(4)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.

12. Delegation of functions. [1969, Sch. 2, par. 5. New in pt.]

12.—(1)F6[…]

(2)The Authority may, without prejudice to the generality of the foregoing, delegate its grant making powers to a board or committee constituted by the Authority or to any of its members or to any member of the staff duly authorised by the Authority in that behalf.

(3)The terms and conditions of every delegation made by the Authority under subsection (2) or under section 4 of the Shannon Free Airport Development Company Limited (Amendment) Act, 1970, as amended by section 6 of the Shannon Free Airport Development Company Limited (Amendment) Act, 1983, and by section 9 of and the Fourth Schedule to this Act shall be subject to the approval of the Minister.

(4)F6[…]

(5)F6[…]

13. Directives to the Authority.

13.—(1)The Minister may give the Authority such general policy directives as he considers appropriate having regard to the provisions of this Act.

(2)A directive under subsection (1) shall not apply to any individual industrial undertaking or to giving preference to one area over others in regard to the location of an industrial undertaking otherwise than as part of a general review of industrial policy for the country as a whole indicated in the directive.

(3)The Minister shall cause any directive given by him under subsection (1) to be laid before each House of the Oireachtas within twenty-one days after it has been so given.

(4)The Authority shall comply with any directive given to it under this section and shall set out the directive in its annual report and shall include in its annual report an account of the actions which it has undertaken to give effect to the directive.

[New]

14. Grants to the Authority. [1969, s. 17; 1975 (No. 2), s. 2; 1977, s. 5; 1981, s. 2]

14.—(1) F7[…]

(2)F7[…]

(3)The aggregate amount of grants made by the Minister to the Authority to enable it to meet its obligations or liabilities arising from guarantees under this Act, section 37 of the Industrial Development Act, 1969 and sections 2 and 3 of the Industrial Development Act, 1977 in respect of principal and interest shall not exceed £125,000,000.

(4)In relation to a guarantee under this Act in money in a currency other than the currency of the State the amount of the guarantee shall be no greater than the equivalent in currency of the State, at the time of the giving of the guarantee, of the amount so guaranteed.

15. Maximum amount of grants, payments and guarantees by the Authority. [1969, s. 17; 1975 (No. 2), s. 2; 1977, s. 5; 1981, s. 2]

15.—(1)F8[…]

(2)The aggregate amount of money guaranteed in respect of principal and interest by the Authority under this Act, section 37 of the Industrial Development Act, 1969 and sections 2 and 3 of the Industrial Development Act, 1977 and outstanding and of payments made by the Authority in respect of principal and interest on foot of guarantees under any of these sections shall not at any time exceed the aggregate amount specified in section 14 (3).

16. Provision of sites and services by the Authority. [1952, s. 5; 1959, s. 2; 1963, s. 9; 1969, s. 15]

16.—(1)For the purpose of providing or facilitating the provision of sites or premises for the establishment, development or maintenance of an industrial undertaking F9[IDA, in furtherance of its functions (whether conferred by or under this Act or any other enactment), may, subject tosections 16A,16Band16C]—

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

(b)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;

(c)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;

(d)construct, adapt and maintain buildings and other works;

(e)provide services and facilities in connection with land;

(f)sell, lease or otherwise dispose of land vested in it;

(g)make grants to aid persons to—

(i)acquire land,

(ii)construct and adapt buildings and other works, and

(iii)provide services and facilities in connection with land;

(h)do any act or thing which may be necessary for or incidental to the doing of anything which the Authority is by the preceding paragraphs F9[authorised to do.]

F10[…]

(2)The provisions of the Second Schedule shall apply to the exercise by F11[IDA] of its powers under this section.

(3)Nothing in subsection (1) shall be construed as affecting the operation of section 130 of the Transport Act, 1944.

F12[(4) Notwithstanding subsections (1) and (2) of section 18 of the Industrial Development (Forfás Dissolution) Act 2014, and the Schedule to that Act, the functions conferred by this section shall be performable by IDA only.]

16A.. F13[Land not immediately required for purpose of section 16

16A.Subject tosections 16Band16C, the powers conferred bysubsection (1)ofsection 16may be exercised—

(a) in respect of land not immediately required for the purpose referred to in that subsection if, in the opinion of IDA, the land will or is likely to be required for such a purpose in the future, and

(b) whether or not, at the time of the exercise of the powers concerned, an industrial undertaking is identified for such a purpose.]

16B.. F14[Sale, lease or disposal of land in accordance with section 16

16B.(1) The powers conferred byparagraph (f)ofsubsection (1)ofsection 16may only be exercised where an industrial undertaking is identified for the purpose referred to in that subsection and IDA—

(a) considers that industrial development will or is likely to occur as a result of the exercise of those powers, and

(b) is satisfied as to the matters specified insubsections (3)and(4)(b),(c),(d)and(e)ofsection 21in respect of that undertaking.

(2) In the case of land which has been compulsorily acquired undersubsection (1)ofsection 16, the powers conferred byparagraph (f)of that subsection may only be exercised in respect of that land for the purpose of that subsection by way of the grant of a lease.

(3) This section is without prejudice to section 3(4) of theIndustrial Development Act 1995.]

16C. F15[Exercise of compulsory powers

16C.(1) The powers conferred byparagraphs (a),(b)and(c)ofsubsection (1)ofsection 16may only be exercised compulsorily where an industrial undertaking is identified for the purpose referred to in that subsection and IDA—

(a) considers that industrial development will or is likely to occur as a result of the exercise of those powers,

(b) is satisfied as to the matters specified insubsections (3)and(4)(b),(c),(d)and(e)ofsection 21in respect of that undertaking,

(c) is satisfied that the exercise of those powers will serve to promote or support national objectives for industrial development, and

(d) is authorised, in accordance with an order referred to insubsection (2), to exercise those powers.

(2) IDA may be authorised to exercise the powers underparagraphs (a),(b)or(c)ofsubsection (1)ofsection 16compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.

(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue ofsubsection (2)and for that purpose—

(a) references in that Act to a housing authority shall be construed as references to IDA,

(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,

(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers underparagraphs (a),(b)or(c)ofsubsection (1)ofsection 16,

(d) reference insection 80(1)of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and

(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to insubsection (1) ofsection 16.

(4) In construing a compulsory purchase order made by virtue ofsubsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA.]

16D.. F16[Functions of Bord Pleanála

16D.(1) The Board shall have the same functions in relation to a compulsory purchase order made by IDA by virtue ofsubsection (2)ofsection 16Cas it has under Part XIV of the Act of 2000 in relation to a compulsory acquisition of land by a local authority under the Act of 1966, and for that purpose, a reference (howsoever expressed) in the Act of 2000 to the functions transferred to the Board under that Part shall include a reference to the performance of those functions by the Board in relation to such an order.

(2) Without prejudice to the generality ofsubsection (1)—

(a) sections 216(1), 217(3), (5), (6), (6A) and (7), 217A, 217C(1), 218(1), (3) and (4), 219 and 221(1), (2), (3), (5), (7) and (8) of the Act of 2000 shall, with any necessary modifications, apply in relation to a compulsory purchase order made by virtue ofsubsection (2)ofsection 16Cas if references in that Act to a local authority were to IDA, and