AGRICULTURE (RESEARCH, TRAINING AND ADVICE) ACT, 1988

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE AGRICULTURAL ADVISORY, EDUCATIONAL AND RESEARCH SERVICES PROVIDED BY OR ON BEHALF OF THE STATE, FOR THOSE AND OTHER PURPOSES TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS TEAGASC—THE AGRICULTURE AND FOOD DEVELOPMENT AUTHORITY AND TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE DISSOLUTION OF AN FORAS TALÚNTAIS, THE COUNCIL OF AN FORAS TALÚNTAIS, AN CHOMHAIRLE OILIÚNA TALMHAÍOCHTA AND BORD NA COMHAIRLE OILIÚNA TALMHAÍOCHTA AND THE TRANSFER OF THEIR FUNCTIONS TO TEAGASC — THE AGRICULTURE AND FOOD DEVELOPMENT AUTHORITY, TO PROVIDE FOR THE DISSOLUTION OF COMMITTEES OF AGRICULTURE ESTABLISHED BY THE AGRICULTURE ACT, 1931, AND TO PROVIDE FOR RELATED MATTERS. [27th June, 1988]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—(1) In this Act—

“agriculture” includes—

• (a) horticulture, dairying, the breeding and keeping of horses, cattle, pigs and other livestock, the rearing and keeping of 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, poultry meat, eggs and other poultry products, honey and other bee products, plants and plant products, fish and fish products and fruit and other horticultural products, and

• (e) animal nutrition, animal health and animal hygiene,

• (f) farm management, agricultural economics, rural development, marketing of agricultural products and any other activities or sciences relating to or tending to improve the efficiency or increase the scope of agriculture;

“agricultural research” includes research in relation to all aspects of agriculture, forestry, plant breeding and veterinary research;

“veterinary research” includes research in relation to diseases of animals and poultry;

“the Board” means Bord na Comhairle Oiliúna Talmhaíochta;

“An Chomhairle” means An Chomhairle Oiliúna Talmhaíochta;

“the Council” means the Council of An Foras Talúntais;

“the Director” means the chief officer of Teagasc;

“the establishment day” means the day appointed by the Minister under section 2;

“functions” includes powers, duties and obligations and references to the performance of functions include, as respects powers, duties and obligations, references to the exercise of the powers and the carrying out of the duties and obligations;

“the Institute” means An Foras Talúntais;

“the Minister” means the Minister for Agriculture and Food;

“research” includes investigation, test, experiment, analysis and study;

“recognised trade unions and staff associations” means trade unions and staff associations recognised by Teagasc for the purposes of negotiations that are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“subsidiary” (which word has the meaning assigned to it by the Companies Act, 1963) means a subsidiary of Teagasc;

“Teagasc” means the body established by section 3;

and any cognate words shall be construed accordingly.

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

• (b) In this Act a reference to a subsection, paragraph or subparagraph is a reference 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.

2 Establishment day.

2.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Teagasc—The Agriculture and Food Development Authority.

3.—(1) On the establishment day there shall stand established a body to be known as Teagasc—The Agriculture and Food Development Authority, and in this Act referred to as “Teagasc”, to perform the functions conferred on it by this Act.

• (2) The provisions of the First Schedule shall have effect with respect to Teagasc.

4 Functions of Teagasc.

4.—(1) The principal functions of Teagasc shall be—

• (a) to provide, or procure the provision of, educational, training and advisory services in agriculture, including such educational, training or advisory services in agriculture as may be specified by the Minister for the purpose of giving effect to any directive, regulation or other act adopted by an institution of the European Communities,

• (b) to obtain and make available to the agricultural industry the scientific and practical information in relation to agriculture required by it, and

• (c) to undertake, promote, encourage, assist, co-ordinate, facilitate and review, agricultural research and development (including research and development in relation to food processing and the food processing industry).

• (2) Teagasc shall, subject to the provisions of this Act, also have and enjoy all those functions (other than those conferred by sections 34, 36 and 59 of the National Agricultural Advisory, Education and Research Authority Act, 1977) that immediately before the establishment day, were vested in the Institute, the Council, An Chomhairle and the Board and are not specified in subsection (1).

• (3) Without prejudice to the generality of subsections (1) and (2), Teagasc shall, in performing its functions, have particular regard to the need for and the importance of agricultural training and education for young persons and research and development in relation to food processing and the food processing industry.

• (4) Teagasc shall have all such powers as are necessary or expedient for the purposes of its functions.

• (5) Notwithstanding the preceding provisions of this section, Teagasc shall not, unless authorised in writing by the Minister to do so, carry on or engage in—

• (a) the testing of—

• (i) livestock or poultry for the purposes of national breeding programmes of the Minister,

• (ii) grass, cereal, root or vegetable seeds or potatoes or plants for the purposes of certification schemes of the Minister or the preparation by the Minister of lists of acceptable or recommended varieties of such seeds or of potatoes or plants (whether for the purpose of implementing any directive, regulation or other act adopted by an institution of the European Communities or otherwise) or for the purpose of the granting of proprietary rights in relation to new varieties of such seeds or of potatoes or plants, or

• (iii) samples of seeds taken pursuant to section 13 of the Agricultural Seeds Act, 1936,

or

• (b) the testing or analysis of samples of fertilisers, feeding stuffs, pesticides, mineral mixtures or agricultural products for the purposes of any provision made by or under statute.

• (6) Teagasc may, with the consent of the Minister and the Minister for Finance, outside the State—

• (i) perform any of the functions, provide any of the services or carry on any of the activities that it is authorised by this Act to perform, provide or carry on in the State, and

• (ii) provide advisory and consultancy services in relation to—

• (I) the performance of functions outside the State by other persons,

• (II) the provision of services outside the State by other persons, or

• (III) the carrying on of activities outside the State by other persons,

being functions, services and activities similar to those that Teagasc is authorised by this Act to perform, provide and carry on in the State.

• (7)
• (a) Such functions of or services to be provided by Teagasc as it may determine may be performed or provided by a subsidiary and, accordingly, Teagasc may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and register one or more subsidiaries.

• (b) The memorandum and articles of association of a subsidiary shall be in such form as may be determined by Teagasc with the consent of the Minister and the Minister for Finance.

• (c) The Minister may give a direction in writing to Teagasc on any matter relating to a subsidiary or the policies, programmes or activities of a subsidiary and Teagasc shall comply or, as may be appropriate, secure compliance with the direction.

• (d) A direction under this subsection in relation to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance.

• (8) The reference in subsection (1) (a) to advisory services in agriculture shall be construed as including a reference to advisory services in relation to the growing of trees as part of a farming enterprise and the establishment of shelter belts of trees.

5 Conferral of additional functions on Teagasc.

5.—(1) The Minister may, if he so thinks fit, by order—

• (a) confer on Teagasc such additional functions connected with the functions for the time being of Teagasc or the services or activities that Teagasc is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to agricultural development) as he considers appropriate, and

• (b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on Teagasc of functions under this section or the performance by Teagasc of functions so conferred (including provision for the transfer to Teagasc of any property held by the Minister for the purposes of functions conferred on Teagasc under this section).

• (2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

• (3) Every order made by the Minister under this section 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.

6 Charges for services.

6.—(1) Subject to the provisions of this section, Teagasc or a subsidiary may make such charges as it considers appropriate in consideration of the performance by it of its functions, the provision by it of services (other than a service consisting of the provision of advice for the Minister) and the carrying on by it of activities and may sell, for such prices as it considers appropriate, anything produced or developed by Teagasc or a subsidiary and may enter into contracts, upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to Teagasc), for the further development and commercial exploitation of results of its research and development.

• (2) The determination of the amounts of charges by Teagasc or a subsidiary for educational, training and advisory services shall be subject to the approval of the Minister and the Minister for Finance.

• (3) Charges, prices and payments under subsection (1) in respect of functions performed, services provided, activities carried on or things sold, outside the State, shall not, save with the approval of the Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production and development of the thing, as the case may be.

• (4) Teagasc may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1).

7 Director.

7.—(1) There shall be a chief officer of Teagasc who shall be known, and is referred to in this Act, as the Director.

• (2) The Director shall carry on and manage and control generally the administration and business of Teagasc and perform such other functions as may be determined by Teagasc.

• (3) The Director shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration and superannuation), as may be approved of by the Minister with the consent of the Minister for Finance.

• (4) The Director shall be paid such allowances for expenses incurred by him in the performance of his functions as may be determined by the Minister with the consent of the Minister for Finance.

• (5) The first Director shall be appointed, and may be removed from office at any time, by the Minister; each subsequent Director shall be appointed, and may be removed from office at any time, by Teagasc with the consent of the Minister.

• (6) The Director shall devote the whole of his time to his duties as Director and shall not hold any other office or position without the consent of Teagasc.

• (7) The Director may make proposals to Teagasc on any matter relating to its activities.

• (8) The Director shall not be a member of Teagasc or of a committee appointed by Teagasc under section 17.

8 Staff of Teagasc and subsidiaries.

8.—(1) (a) Teagasc may appoint such number of persons to be members of the staff of Teagasc as it may determine with the consent of the Minister and the Minister for Finance.

• (b) The board of a subsidiary may appoint such number of persons to be members of the staff of the subsidiary as it may determine with the consent of the Minister and the Minister for Finance.

• (2)
• (a) A member of the staff of Teagasc (other than the Director) or of the staff of a subsidiary shall be paid, out of the moneys at the disposal of Teagasc or the subsidiary, as the case may be, such remuneration and allowances for expenses incurred by him as Teagasc, or the subsidiary, as the case may be, may with the consent of the Minister and the Minister for Finance, determine.

• (b) A member of the staff of Teagasc referred to in paragraph (a) or of the staff of a subsidiary shall hold his office or employment on such other terms and conditions as Teagasc or, as the case may be, the subsidiary, may with the consent of the Minister and the Minister for Finance, determine.

• (3) The grades of the staffs of Teagasc and a subsidiary, and the numbers of staff in each grade, shall be determined by Teagasc or, as the case may be, the subsidiary with the consent of the Minister and the Minister for Finance.

• (4) Every person who immediately before the establishment day is a member of the staff of the Institute or An Chomhairle shall, on that day, be transferred to, and become a member of the staff of, Teagasc.

• (5) The terms and conditions relating to tenure of office which are granted by Teagasc in relation to a member of the staff of Teagasc who is transferred by subsection (4) to its staff from the Institute or An Chomhairle shall not, while he is in the service of Teagasc, be less favourable to him than those prevailing immediately before the establishment day in the Institute or An Chomhairle, as may be appropriate, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

• (6) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a member of the staff of the Institute or An Chomhairle who is transferred by subsection (4) to the staff of Teagasc shall not, while in the service of Teagasc, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the establishment day.

• (7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by Teagasc, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by Teagasc or the Director, as the case may be, while they are in the service of Teagasc. No such variation shall operate to worsen the scales of pay or the terms or conditions of service aforesaid applicable to a member of such staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

• (8) In relation to staff transferred by subsection (4) to the staff of Teagasc, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Institute or An Chomhairle shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977.

• (9) Teagasc may perform any of its functions through or by the Director or any other member of its staff duly authorised by Teagasc in that behalf.

9 Superannuation of staff of Teagasc.

9.—(1) Teagasc may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons (other than the Director) appointed, or transferred by section 8, to whole-time positions on the staff of Teagasc.

• (2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

• (3) Teagasc may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

• (4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes 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.

• (5) No superannuation benefit shall be granted by Teagasc on the resignation, retirement or death of a member of the staff of Teagasc, otherwise than in accordance with a scheme or schemes under this section.

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

• (7)
• (a) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 8 to a whole-time position on the staff of Teagasc, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the establishment day in relation to the grant of such benefits.

• (b) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 8 to the staff of Teagasc in respect of his employment with the Institute or An Chomhairle, the superannuation benefits shall be granted and paid to or in respect of the person by Teagasc.

• (c) (i) The assets, rights and liabilities (including the obligation to make payments in respect of superannuation benefits) of or under any scheme for the granting of superannuation benefits to or in respect of members of the staff of the Institute or An Chomhairle shall on the establishment day vest in Teagasc without any further conveyance, transfer or assignment for, as respects the assets, all the estate, term or interest, as the case may be, for which the assets were vested in the Institute or An Chomhairle, as the case may be, immediately before the establishment day.

• (ii) All moneys, stocks, shares and securities transferred to Teagasc by this subsection that, on the establishment day, are standing in the books of any corporation or company in the name of the Institute or An Chomhairle or of any person who, on the establishment day, is a trustee of a scheme for the granting of superannuation benefits to or in respect of members of the staff of the Institute or An Chomhairle shall, upon the request of Teagasc, be transferred into its name or into the name of such person as it may specify.

• (8) In this section and in sections 8 and 10 “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

10 Membership of either House of Oireachtas or of European Parliament by members or staff of Teagasc.

10.—(1) Where a member of Teagasc is—

• (a) nominated as a member of Seanad Éireann, or

• (b) elected as a member of either House of the Oireachtas or of the European Parliament, or

• (c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be a member of Teagasc.

• (2) Where a person who is a member of the staff of Teagasc is—

• (a) nominated as a member of Seanad Éireann, or

• (b) elected as a member of either House of the Oireachtas or of the European Parliament, or

• (c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by Teagasc and shall not be paid by, or be entitled to receive from, Teagasc any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.

• (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of Teagasc or the staff of Teagasc.

• (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with Teagasc for the purposes of any superannuation benefits.

11 Advances by Minister to Teagasc.

11.—The Minister may from time to time, with the consent of the Minister for Finance, advance to Teagasc out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of expenditure by Teagasc in the performance of its functions.

12 Accounts and audits of Teagasc and subsidiaries.

12.—(1) Teagasc and any subsidiary shall keep in such form as may be approved of by the Minister with the concurrence of the Minister for Finance all proper and usual accounts of all moneys received or expended by Teagasc or the subsidiary, as the case may be, including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

• (2) Accounts kept in pursuance of this section shall be submitted as soon as may be after the end of the financial year of Teagasc or any subsidiary, as the case may be, to which they relate to the Comptroller and Auditor General for audit and a copy of the income and expenditure account and of the balance sheet and of such other (if any) of its accounts as the Minister may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister as soon as may be and the Minister shall cause copies of each of the documents aforesaid to be laid before each House of the Oireachtas.

13 Reports and information to Minister.

13.—(1) As soon as may be after the end of each financial year of Teagasc, but not later than 6 months thereafter, Teagasc shall make a report to the Minister of its activities and those of any subsidiary during that year and the Minister shall, within two months of the receipt of such report, cause copies of the report to be laid before each House of the Oireachtas.

• (2) Each report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.

• (3) Not less than 3 months before the end of each financial year of Teagasc, it shall furnish to the Minister a report in writing—

• (a) outlining its proposed activities (other than day to day activities) and those of any subsidiary in the financial year immediately following,

• (b) giving estimates of its expenditure and that of any subsidiary in the last mentioned year in relation to each of those activities, and

• (c) giving estimates of its income and that of any subsidiary in the said last mentioned year,

and neither Teagasc nor a subsidiary shall carry out any of those activities or incur any such expenditure until the report has been approved of by the Minister and the Minister for Finance.

• (4) Neither Teagasc nor a subsidiary shall during any such financial year—

• (a) carry on any activity (other than a day to day activity) not specified in the report under subsection (3) in relation to that year, or

• (b) incur expenditure in relation to any activity in excess of the estimate of that expenditure given in that report,

without the prior approval of the Minister and the Minister for Finance.

• (5) Teagasc shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning or relating to the scope of its activities, or its strategy, generally or in respect of any account prepared by Teagasc or a subsidiary or any report specified in subsection (1) or (3) or section 12 (2) or the policy and activities, other than day to day activities, of Teagasc or a subsidiary.

14 Disclosure of information.

14.—(1) A person shall not, without the consent of Teagasc, disclose any information obtained by him while performing (or as a result of having performed) duties as a member, or member of the staff of, or an adviser or consultant to, Teagasc or a subsidiary.

• (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £800.

• (3) Nothing in subsection (1) shall prevent the disclosure of information in a report made to Teagasc or by or on behalf of Teagasc to the Minister.

15 Investment of moneys, and disposal of proceeds of sales of land or interest in land, by Teagasc and subsidiaries.

15.—(1) Teagasc or a subsidiary may, with the consent of the Minister and the Minister for Finance, invest funds of Teagasc or the subsidiary, as the case may be, in such manner as it thinks fit.

• (2) The proceeds of the disposal of land or an interest in land by Teagasc or a subsidiary shall be disposed of in such manner as the Minister may, with the consent of the Minister for Finance, direct.

16 Borrowing by Teagasc and subsidiaries.

16.—Teagasc or a subsidiary may, for the purpose of providing for current or capital expenditure, from time to time borrow money (whether on the security of the assets of Teagasc or the subsidiary, as the case may be, or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.

17 Committees of Teagasc.

17.—(1) Teagasc may establish committees to assist and advise it in relation to the performance of its functions.

• (2) A committee may include persons who are not members of Teagasc.

• (3) Teagasc may appoint a person to be chairman of a committee established under this section.

• (4) There may be paid out of the income of Teagasc to members of a committee established under this section such allowances for expenses incurred by them as Teagasc may, with the consent of the Minister and the Minister for Finance, determine.

18 Gifts.

18.—(1) Teagasc or a subsidiary may accept gifts of money, land or other property upon such trusts or conditions, if any, as may be specified by the donor.

• (2) Teagasc or a subsidiary shall not accept a gift if the trusts or conditions attached to it would be inconsistent with its functions.

19 Directions by Minister to Teagasc.

19.—(1) (a) The Minister may give a direction in writing to Teagasc requiring it—

• (i) to provide specified services or to carry on specified activities that it is authorised by section 4 or 5 to provide or, as the case may be, carry on,

• (ii) to refrain from providing specified services or carrying on specified activities,

• (iii) to incur expenditure of specified amounts, or to increase by specified amounts its expenditure, on specified services or specified activities that it is authorised by section 4 or 5 to provide or, as the case may be, carry on,

• (iv) to refrain from incurring expenditure, or to reduce by specified amounts its expenditure, on specified services or specified activities, or

• (v) to refrain from making charges for specified services or to make specified variations in the charges for specified services.

• (b) References in paragraph (a) to the provision of services and to the carrying on of activities include references to the arrangement of such provision and carrying on.

• (2) The Minister may give a direction in writing to Teagasc in relation to policy generally, in relation to any matter specified in a report furnished to him under section 12 (2) or subsection (1) or (3) of section 13 or in relation to any information furnished to him under section 13 (5).

20 Dissolution of Institute, Council, An Chomhairle, Board and committees of agriculture.

20.—(1) The Institute, the Council, An Chomhairle, the Board and committees of agriculture established by the Agriculture Act, 1931, shall, on the establishment day, become and be dissolved.

• (2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before the establishment day under an Act of the Oireachtas to the Institute, the Council, An Chomhairle or the Board shall, on and after that day, be construed as references to Teagasc.

21 Transfer of assets and liabilities of Institute and An Chomhairle to Teagasc.

21.—(1) The following shall be and hereby are transferred to Teagasc on the establishment day:

• (a) all property and rights held or enjoyed immediately before that day by the Institute or An Chomhairle, and

• (b) all liabilities incurred before that day by the Institute or An Chomhairle that had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

• (i) the said property, real and personal, shall, on that day, vest in Teagasc for all the estate, term or interest for which, immediately before that day, it was vested in the Institute or An Chomhairle, as the case may be, but subject to all trusts and equities affecting the property and capable of being performed,

• (ii) the said rights shall, as on and from that day, be enjoyed by Teagasc, and

• (iii) the said liabilities shall, as on and from that day, be liabilities of Teagasc.

• (2) All moneys, stocks, shares and securities transferred to Teagasc by this section that, on the establishment day, are standing in the name of the Institute or An Chomhairle shall, upon the request of Teagasc, be transferred into its name.

• (3) Every right and liability transferred by subsection (1) to Teagasc by this section may, on or after the establishment day, be sued on, recovered or enforced by or against Teagasc in its own name and it shall not be necessary for Teagasc to give notice to the person whose right or liability is transferred by that subsection of the transfer.

• (4) Teagasc shall afford to the Minister, and officers of the Minister and other members of the staff of the Minister in the performance of their functions as such officers and members, free access at all reasonable times to any property referred to in section 60 of the National Agricultural Advisory, Education and Research Authority Act, 1977, that, immediately before the establishment day was the property of the Minister and shall permit those officers and members to bring onto such property as aforesaid at all reasonable times such machinery and vehicles as are reasonably necessary for the performance of those functions.

• (5)
• (a) The Minister may by order transfer to Teagasc any property referred to in the said section 60 and the order shall operate from its commencement to vest that property in Teagasc without further conveyance, transfer or assignment for all the estate, term or interest for which immediately before such commencement it was vested in the Minister but subject to all trusts and equities affecting the property and capable of being performed.

• (b) The Minister may by order amend an order under this subsection (including an order under this paragraph).

22 Transfer of assets and liabilities of committees of agriculture to Minister.

22.—(1) The following shall be and are hereby transferred to the Minister on the establishment day:

• (a) all property and rights held or enjoyed immediately before that day by a committee of agriculture,

• (b) all liabilities incurred before that day by a committee of agriculture that had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

• (i) the said property, real and personal, shall on that day, vest in the Minister for all the estate or interest for which, immediately before that day, it was vested in a committee of agriculture but subject to all trusts and equities affecting the property and capable of being performed,

• (ii) the said rights shall, as on and from that day, be enjoyed by the Minister,

• (iii) the said liabilities shall, as on and from that day, be liabilities of the Minister.

• (2) All moneys, stocks, shares and securities transferred to the Minister by this section that, on the establishment day, are standing in the name of a committee of agriculture shall, upon the request of the Minister, be transferred into his name.

• (3) Every right and liability transferred by this section to the Minister may, on or after the establishment day, be sued on, recovered or enforced by or against the Minister in his own name and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of the transfer.

• (4) The assets transferred to the Minister by this section shall, after the discharge thereout of the liabilities so transferred, be disposed of in such manner as may be determined by the Minister and the Minister for the Environment with the consent of the Minister for Finance.

23 Preservation of certain continuing contracts and adaptation of references to Institute, Council, An Chomhairle, Board and committees of agriculture.

23.—(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Institute, the Council, An Chomhairle, the Board or a committee of agriculture to any person or given by any person to and accepted by or on behalf of the Institute, the Council, An Chomhairle, the Board or a committee of agriculture and every contract or agreement made between the Institute, the Council, An Chomhairle, the Board or a committee of agriculture and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on or after that day and shall be construed and have effect as if the name of Teagasc was substituted therein for that of the Institute, the Council, An Chomhairle or the Board, as the case may be, and the name of the Minister was substituted therein for that of the committee of agriculture.

• (2) References to the Institute, the Council, An Chomhairle or the Board contained immediately before the establishment day in the memorandum and articles of association of any company shall, on and after that day, be construed as references to Teagasc.

24 Saving for certain acts.

24.—Nothing in this Act shall affect the validity of any act that was done before the establishment day by or on behalf of the Institute, the Council, An Chomhairle, the Board or a committee of agriculture and—

• (a) every such act done by or on behalf of the Institute, the Council, An Chomhairle or the Board shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of Teagasc,

• (b) every such act done by or on behalf of a committee of agriculture shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the Minister.

25 Pending legal proceedings.

25.—Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the Institute, the Council, An Chomhairle, the Board or a committee of agriculture is a party to the proceedings—

• (a) the name of Teagasc shall be substituted therein for that of the Institute, the Council, An Chomhairle or the Board, as the case may be, and

• (b) the name of the Minister shall be substituted for that of the committee of agriculture,

and the proceedings shall not abate by reason of such substitution.

26 Completion of certain matters commenced by Institute, Council, An Chomhairle, Board or committees of agriculture.

26.—Anything commenced by the Institute, An Chomhairle, the Council or the Board before the establishment day may be carried on and completed on and after that day by Teagasc and anything commenced by a committee of agriculture before that day may be carried on and completed on and after that day by the Minister.

27 Restriction in relation to Johnstown Castle of certain powers of Teagasc.

27.—(1) Subject to subsection (2) of this section, the power of Teagasc to dispose of land or an interest in land and to borrow on the security of land shall not extend to the disposal of, or of an interest in, any of the land the subject of the gift to the Nation referred to in the Johnstown Castle Agricultural College Act, 1945, or to borrowing on the security of any such land or interest.

• (2) The restriction in subsection (1) on the disposal of land or an interest in land by Teagasc does not apply to the land specified in section 2 of the Johnstown Castle Agricultural College (Amendment) Act, 1980.

28 Repeals.

28.—Each enactment specified in the Second Schedule shall, upon the establishment day, be repealed to the extent specified in column (3) of that Schedule.

29 Exemption from stamp duty.

29.—Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Minister, Teagasc or a person specified by Teagasc under section 9 (7) of any property or rights transferred by this Act.

30 Expenses.

30.—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 and the expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

31 Short title.

31.—This Act may be cited as the Agriculture (Research, Training and Advice) Act, 1988.

FIRST SCHEDULE Teagasc—The Agriculture and Food Development Authority

• (a) 5 shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate for membership of Teagasc) of or in relation to, agriculture, agricultural research, education (including higher education), food processing, the food processing industry or the management of commercial enterprises, and

• (b) 5 shall be persons nominated for appointment as members of Teagasc by such organisations as the Minister may determine that are representative of persons engaged in agriculture or the promotion or development of the agricultural industry; and the Minister may appoint as members of Teagasc one or more persons nominated under this subparagraph by such an organisation as aforesaid or one or more persons nominated by a group, designated by the Minister, of such organisations as aforesaid.

• (2)
• (a) Subject to the provisions of this subparagraph, the term of office of an ordinary member of Teagasc shall be 5 years.

• (b) The term of office of 3 (determined by the Minister by lot) of the first 10 persons appointed to be ordinary members of Teagasc shall be 3 years.

• (c) The term of office of 3 (determined by the Minister by lot) of the first 10 persons appointed to be ordinary members of Teagasc shall be 4 years.

• (2) A person appointed to be a member of Teagasc by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he is appointed to fill and shall be eligible for re-appointment as a member of Teagasc.

• (a) the chairman of Teagasc shall, if present, be the chairman of the meeting, and

• (b) if and so long as the chairman of Teagasc is not present or if the office of chairman is vacant, the members of Teagasc who are present shall choose one of their number to be chairman of the meeting.

SECOND SCHEDULE Enactments Repealed

Number or Chapter and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
1908, c. 34	Bee Pest Prevention (Ireland) Act, 1908	In section 10 (2): the words “for the purposes of agriculture and other rural industries”;
		section 11
No. 8 of 1931	Agriculture Act, 1931	Parts II and III
No. 20 of 1934	Agriculture (Amendment) Act, 1934	The whole Act
No. 3 of 1944	Agriculture (Amendment) Act, 1944	The whole Act
No. 24 of 1948	Agriculture (Amendment) Act, 1948	The whole Act
No. 2 of 1955	Agriculture (Amendment) Act, 1955	The whole Act
No. 1 of 1958	Agriculture (An Foras Talúntais) Act, 1958	The whole Act
No. 17 of 1958	Agriculture (Amendment) Act, 1958	The whole Act
No. 19 of 1963	Electoral Act, 1963	In section 81 (3): the words “, and in the Agriculture Acts, 1931 to 1958,”
No. 19 of 1964	Agriculture (Amendment) Act, 1964	The whole Act
No. 14 of 1967	Agriculture (Amendment) Act, 1967	The whole Act
No. 3 of 1970	Agriculture (Amendment) Act, 1970	The whole Act
No. 32 of 1971	Agriculture (Amendment) Act, 1971	The whole Act
No. 23 of 1974	Agriculture (Amendment) Act, 1974	The whole Act
No. 13 of 1977	National Agricultural Advisory, Education and Research Authority Act, 1977	The whole Act
No. 9 of 1979	Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979	The whole Act
No. 12 of 1980	Agriculture (Amendment) Act, 1980	The whole Act
No. 7 of 1987	Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1987	The whole Act