BORD GLAS ACT, 1990

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD GLAS — THE HORTICULTURAL DEVELOPMENT BOARD AND TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR RELATED MATTERS. [28th February, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“the Act of 1988” means the Agriculture (Research, Training and Advice) Act, 1988;

“the Board” means the body established by section 3;

“the chairman” means the chairman of the Board;

“the chief executive” means the chief officer of the Board;

“education” includes training;

“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;

“horticultural produce” includes—

• (a) fruit, whether fresh or processed,

• (b) vegetables, whether fresh or processed,

• (c) herbs, whether fresh or processed,

• (d) edible fungi, whether fresh or processed,

• (e) nuts, whether fresh or processed,

• (f) cut flowers,

• (g) dried flowers,

• (h) hops,

• (i) decorative foliage,

• (j) sports turf,

• (k) honey,

• (l) pot plants, bedding plants and herbaceous plants,

• (m) shrubs and trees,

• (n) fruit trees, fruit bushes and fruit plants, and

• (o) seeds, bulbs, corms, tubers, potatoes and seed potatoes,

and cognate words shall be construed accordingly;

“horticulture” includes that branch of agriculture that deals with the cultivation of plants used for food or for the production of food or ornament, including the technical procedures necessary for the production and preparation for market of flowers, decorative foliage, fruit, honey, mushrooms, nursery stock, vegetable crops (including potatoes and seed potatoes) and hops, and including the cultivation of woody and herbaceous plants and sports turf, and cognate words shall be construed accordingly;

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

“prescribed” means prescribed by regulations made by the Minister;

“sale” means sale by wholesale or retail and includes—

• (a) offer or expose for sale by wholesale or retail or invite an offer to buy,

• (b) have in possession for sale by wholesale or retail, and

• (c) supply under other contractual arrangements,

and cognate words shall be construed accordingly;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“Teagasc” means the body established by section 3 of the Act of 1988.

• (2) In this Act a reference to a section or Schedule is a reference to a section of, or Schedule to, 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 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.

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

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 An Bord Glas — The Horticultural Development Board.

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

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

4 General functions of Board.

4.—(1) Subject to the provisions of this Act, the general functions of the Board shall be to develop, promote, facilitate, encourage, co-ordinate and assist the production, marketing and consumption of horticultural produce.

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

5 Other functions of Board.

5.—Without prejudice to the generality of section 4, the functions of the Board shall be to—

• (a) survey, investigate and develop markets and potential markets for horticultural produce,

• (b) collect and disseminate market intelligence and provide information and advice in relation to supply and demand, market trends and trade opportunities in horticulture,

• (c) conduct reviews, surveys, symposia, analyses and studies in relation to the production and consumption of, and trade in, horticultural produce,

• (d) provide publicity, advertising and promotional campaigns for the purpose of encouraging the production and consumption of, and trade in, horticultural produce,

• (e) establish, equip and operate exhibitions, show rooms, information bureaux and similar establishments for the purpose of encouraging the production and consumption of, and trade in, horticultural produce,

• (f) publish and distribute magazines, journals, reports and similar documents for the purpose of encouraging the production and consumption of, and trade in, horticultural produce.

6 Conferral of additional functions on Board.

6.—(1) The Minister may, with the consent of the Minister for Finance, by order—

• (a) confer on the Board, in relation to the development and promotion of horticulture, such additional functions connected with the functions for the time being of the Board or the services or activities that the Board 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 horticultural 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 the Board of functions under this section or the performance by the Board of functions so conferred (including provision for the transfer to the Board of any property held by the Minister for the purposes of functions conferred on the Board 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 21 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.

7 Performance of functions of Board by Minister or other person.

7.—The Board may, on such terms and conditions as the Minister may, with the consent of the Minister for Finance, approve, arrange for the performance of any activity in relation to any of its functions by the Minister or by another person.

8 Report under section 13 (3) of Act of 1988.

8.—(1) Any part of a report under section 13 (3) of the Act of 1988 relating to horticulture shall be prepared in consultation with the Board not less than one month before Teagasc furnishes such report to the Minister.

• (2) The Board may furnish comments in writing on the contents of any such part as aforesaid to Teagasc not later than 3 weeks after the consultation as aforesaid in relation to the part and Teagasc shall furnish a copy of any such comments to the Minister with the report.

• (3) This section shall apply to such a report as aforesaid in respect of the year 1990 and each subsequent year.

9 Consultations by Board.

9.—The persons responsible, in respect of horticulture, for—

• (a) the establishment and enforcement of grading and quality standards for horticultural produce,

• (b) the formulation and implementation of policy on State investment, and

• (c) the formulation of curricula for higher education,

may be consulted by the Board, from time to time, as it considers appropriate, in respect of the said standards, policy and curricula.

10 Advice, liaison and co-operation by Board.

10.—The Board shall—

• (a) advise the Minister on any matter relating to horticulture on which its views are requested by the Minister, and

• (b) maintain close liaison and co-operate, as may be necessary, with the Minister and such other persons as the Board considers appropriate in the operation of such schemes and facilities for horticultural development as may be administered by them.

11 Charges for services.

11.—(1) Subject to subsection (2), the Board 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.

• (2) The determination of the amounts of charges referred to in subsection (1) shall be subject to the approval of the Minister and the Minister for Finance.

• (3) The Board 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).

12 Levy.

12.—(1) There shall be charged and levied by the Board in each year beginning with such year as may be prescribed, with the consent of the Minister for Finance, a levy (referred to subsequently in this section as “levy”) on the sale of horticultural produce.

• (2) Where levy is payable it shall be paid by the seller of the horticultural produce concerned.

• (3) Levy shall be paid to the Board at such time or times and in such manner as may be prescribed.

• (4) The rate of levy in each year shall be such rate as may be prescribed with the consent of the Minister for Finance; and different rates may be prescribed under this subsection in respect of different classes of persons liable to pay levy.

• (5) The Minister shall not perform a function under subsection (1) or (4) without prior consultation by him with such persons as he considers appropriate who are engaged in, or are representative of those engaged in, horticulture, the promotion or development of the horticultural industry or the sale of horticultural produce.

• (6) The Minister may make regulations for the purposes of this section and, in particular but without prejudice to the generality of the foregoing, the regulations may provide—

• (a) for excepting from the obligation to pay levy any specified class or classes of persons, defined in such manner and by reference to such matters as the Minister considers appropriate,

• (b) for the keeping of records and the making of returns by persons liable to pay levy,

• (c) for the appointment and powers of authorised officers,

• (d) for the collection and recovery of levy,

• (e) for the enforcement of the regulations, and

• (f) for such other matters as the Minister considers expedient or necessary.

• (7) A person who fails to pay levy, when due, or who fails to comply with any of the provisions of regulations made by the Minister under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

• (8) Whenever the Minister proposes to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

13 Gifts.

13.—(1) The Board may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

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

14 Committees of Board.

14.—(1) The Board may establish committees to assist and advise it in relation to the performance of any of its functions.

• (2) A committee established under this section may include persons who are not members of the Board.

• (3) A member of a committee established under this section may be removed from office at any time by the Board.

• (4) The Board may at any time dissolve a committee established under this section.

• (5) The Board may appoint a person to be chairman of a committee established under this section.

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

15 Chief executive.

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

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

• (3) The chief executive shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the Minister with the consent of the Minister for Finance.

• (4) The chief executive shall be paid, out of moneys at the disposal of the Board, 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 chief executive shall be appointed, and may be removed from office at any time, by the Minister; each subsequent chief executive shall be appointed, and may be removed from office at any time, by the Board with the consent of the Minister.

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

• (7) The chief executive may make proposals to the Board on any matter relating to its activities.

• (8) The chief executive shall not be a member of the Board.

16 Staff of Board.

16.—(1) The Board may appoint such, and such number of, persons to be members of the staff of the Board as it may determine with the consent of the Minister and the Minister for Finance.

• (2)
• (a) A member of the staff of the Board shall hold his office or employment on such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Board may, with the consent of the Minister and the Minister for Finance, determine.

• (b) A member of the staff of the Board referred to in paragraph (a) shall be paid, out of the moneys at the disposal of the Board, such remuneration and allowances for expenses incurred by him as the Board may, with the consent of the Minister and the Minister for Finance, determine.

• (c) The Board may, with the consent of the Minister, at any time remove any officer or servant of the Board from being its officer or servant.

• (3) The grades of the staff of the Board, and the number of staff in each grade, shall be determined by the Board with the consent of the Minister and the Minister for Finance.

• (4) The Board may perform any of its functions through or by the chief executive or any other member of its staff duly authorised by the Board in that behalf.

17 Superannuation of staff of Board.

17.—(1) The Board 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 appointed to whole-time positions on the staff of the Board.

• (2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons (including the chief executive) 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) The Board 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 benefits 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 benefits shall be granted by the Board on the resignation, retirement or death of a member of the staff of the Board (including the chief executive) 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 21 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 previously done thereunder.

18 Membership of either House of Oireachtas or of European Parliament by members or staff of Board.

18.—(1) Where a member of the Board is—

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

• (b) elected as a member of either House of the Oireachtas or as a representative in 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 the European Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Board.

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

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

• (b) elected as a member of either House of the Oireachtas or as a representative in 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 the European Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board 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 a representative in 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 representative in the European Parliament shall, while he is so entitled or is such a representative, be disqualified from becoming a member of the Board or the staff of the Board.

• (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 the Board for the purposes of any superannuation benefits.

19 Advances by Minister to Board.

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

20 Disclosure by member of Board of interest in proposed contract.

20.—A member of the Board who has—

• (a) any material or financial interest in any body corporate with which the Board proposes to make any contract, or

• (b) any material or financial interest in any contract which the Board proposes to make,

shall disclose to the Board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

21 Accounts and audits of Board.

21.—(1) The Board 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 the Board 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 the Board 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.

22 Reports and information to, and consultation with, Minister.

22.—(1) The Board shall furnish to the Minister such information regarding its income and expenditure as he may from time to time require.

• (2) As soon as may be after the end of each financial year of the Board, but not later than 6 months thereafter, the Board shall make a report to the Minister of its activities during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

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

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

• (a) outlining its proposed activities (other than day to day activities) in the financial year immediately following,

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

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

and the Board shall not 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.

• (5) The Board shall not, during any such financial year—

• (a) carry on any activity (other than a day to day activity) not specified in the report under subsection (4) 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.

• (6) The Board 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 the Board or any report specified in subsection (2) or (4) or section 21 (2) or the policy and activities, other than day to day activities, of the Board.

• (7) The Board may consult with the Minister on all matters relating to horticulture and may make proposals to the Minister on such matters.

23 Disclosure of information.

23.—(1) A person shall not, without the consent of the Board, 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, the Board.

• (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 £1,000.

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

24 Investment of moneys, and disposal of proceeds of sales of property, by Board.

24.—(1) The Board may, with the consent of the Minister and the Minister for Finance, invest funds of the Board in such manner as it thinks fit.

• (2) The proceeds of the disposal of any property by the Board shall be disposed of in such manner as the Minister may, with the consent of the Minister for Finance, direct.

25 Borrowing by Board.

25.—The Board 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 the Board 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.

26 Directions by Minister to Board.

26.—(1) (a) The Minister may give a direction in writing to the Board requiring it—

• (i) to provide specified services or to carry on specified activities that it is authorised by this Act 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 this Act 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 the Board in relation to policy generally, in relation to any matter specified in a report furnished to him under section 21 (2) or subsection (2) or (4) of section 22 or in relation to any information furnished to him under section 22 (6).

27 Expenses.

27.—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.

28 Short title.

28.—This Act may be cited as the Bord Glas Act, 1990.

SCHEDULE An Bord Glas — The Horticultural Development Board

• (a) 5 (one of whom shall be an officer of the Minister) shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate for membership of the Board) of, or in relation to, horticulture, and

• (b) 5 shall be persons chosen by the Minister after consultation with such persons as he considers appropriate who are engaged in, or are representative of those engaged in, horticulture or the promotion or development of the horticultural industry.

• (2) The term of office of an ordinary member of the Board shall be 3 years.

• (2) A person appointed to be a member of the Board 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 the Board.

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

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