TURF DEVELOPMENT ACT, 1990

AN ACT TO AMEND AND EXTEND THE TURF DEVELOPMENT ACTS, 1946 TO 1983. [21st July, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.—(1) In this Act—

“the Act of 1953” means the Turf Development Act, 1953;

“the Principal Act” means the Turf Development Act, 1946.

• (2) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

2 Establishment and acquisition of companies and interests in companies by Board.

2.—(1) In this section “company” means—

• (a) a company within the meaning of the Companies Act, 1963,

or

• (b) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a) of this subsection.

• (2) The Board may promote and take part in the formation or establishment of a company.

• (3) The Board may acquire, hold and dispose of shares or other interests in a company and become a member of a company.

• (4) The Board may exercise total or partial control of the composition of the board of directors of, or other authority, by whatever name called, that controls or manages, a company.

• (5) The Board may—

• (a) lend money, upon such terms and conditions as it may determine, to a company, and

• (b) guarantee, in such form and manner and on such terms and conditions as it thinks fit, the due repayment by a company of the principal of any moneys (including moneys in a currency other than the currency of the State) borrowed by the company or the payment of interest on such moneys or both the repayment of the principal and payment of the interest and any such guarantee may include a guarantee of payment of incidental expenses arising in connection with such borrowings and may be a guarantee of payment of a promissory note made by a company or a bill of exchange drawn or accepted by a company.

• (6) The exercise by the Board of any power conferred by this section shall be subject to the consent of the Minister and the Minister for Finance given after consultation with any other Minister of the Government who, in the opinion of the Minister, having regard to the functions of that Minister of the Government, ought to be consulted.

3 Sub-boards.

3.—(1) The Board may, subject to the consent of the Minister, from time to time establish one or more sub-boards and may delegate to such sub-board or sub-boards such of its functions as, in the opinion of the Board, can be better or more conveniently exercised or performed by such sub-board or sub-boards.

• (2) A sub-board established under this section shall consist of the managing director and such number (not being less than three or more than six) of other members of the Board as the Board shall, subject to subsection (3), from time to time determine. At least one member of each sub-board shall be a person elected to the Board under the terms of the Worker Participation (State Enterprises) Acts, 1977 to 1988.

• (3) A member of the Board (other than the managing director) appointed to a sub-board established under this section shall hold office for three years unless he sooner resigns as a member of the sub-board, dies, ceases to be a member of the Board by reason of the expiry of his term of office, resigns from membership of the Board, is disqualified or is removed from office as a member of the Board.

• (4) The quorum, procedure and place of meeting of any sub-board established under this section should be such as may be determined by regulations to be made by the Board.

• (5) The Board may at any time dissolve a sub-board established under this section.

• (6) Every member of a sub-board established under this section shall be paid out of funds at the disposal of the Board such allowances for expenses as shall be determined by the Minister with the consent of the Minister for Finance.

4 Powers of Board outside the State.

4.—(1) The Board may engage outside the State in—

• (a) the marketing of turf and turf products,

• (b) the production of turf and turf products,

• (c) fostering the production and use of turf and turf products,

• (d) the acquisition of bogs and other lands,

• (e) the management, development and working of bogs and other lands, and

• (f) generally doing all such other things as arise out of, or are consequential upon, the powers mentioned in the preceding paragraphs of this section.

• (2) The exercise of the powers conferred on the Board by paragraphs (b) to (f) of subsection (1) of this section shall be subject to the consent of the Minister and the Minister for Finance.

5 Commercial activities.

5.—The Board may, inside or outside the State, engage in all such commercial activities, whether in relation to the production or marketing of turf or otherwise, as in the opinion of the Board arise out of and can advantageously be conducted in conjunction with any function of the Board.

6 Amendment of section 17 of Principal Act.

6.—Section 17 (1) of the Principal Act is hereby amended by the insertion of “within the State” after “Board” where that expression first occurs.

7 Amendment of section 18 of Principal Act.

7.—Section 18 (3) of the Principal Act is hereby amended by the deletion of the words “capital account, revenue account,”.

8 Amendment of section 20 of Principal Act.

8.—Section 20 of the Principal Act is hereby amended by—

• (a) the substitution of the following subsection for subsection (1):

• “(1) In the performance and exercise of its functions in or outside the State, the Board may do all or any of the following:—

  • (a) manufacture any plant, machine, apparatus or appliance,

  • (b) erect buildings,

  • (c) undertake hire-purchase schemes,

  • (d) enter into contracts,

  • (e) establish and operate shops and showrooms,

  • (f) promote or aid in the promotion of displays, exhibitions and demonstrations,

  • (g) establish and endow either solely or in co-operation with any person, chairs and lectureships in any university or college to conduct research calculated to improve or extend the production or use of turf or turf products and the by-products thereof and to foster education and knowledge relating to such production or use,

  • (h) enter into and implement an agreement with any person for the purpose of jointly performing any function of the Board,

  • (i) acquire by purchase or otherwise and operate the assets and business of any person where in the opinion of the Board such acquisition and operation would assist the Board in the performance and exercise of any of the functions of the Board,

  • (j) develop commercially or otherwise any bog vested in the Board which is, has become or becomes incapable of commercial exploitation for the production of turf or turf products,

  • (k) execute engineering and building works of any kind whatsoever and research of any kind whatsoever (other than the research specified in section 19) which the Board in its discretion considers desirable,

  • (l) provide for reward, alone or with any other person—

    • (i) consultancy services and advisory services, and

    • (ii) the training of persons,

    and shall have all such powers as may be necessary for the provision of such services and training,

  • (m) ensure that all its activities are conducted in such a manner as to afford appropriate protection for the environment both locally and nationally.”, and

• (b) the insertion after subsection (2) of the following subsections:

• “(3) The exercise by the Board outside the State of any of the powers conferred by paragraphs (a), (b), (g), (h), (i), (j), (k) or (l) of subsection (1) of this section and the exercise by the Board in the State of any of the powers conferred by the said paragraphs (h), (i), (j) or (k) shall be subject to the prior consent of the Minister and the Minister for Finance.

• (4) Any power conferred on the Board by subsection (1) (j) of this section in relation to cutaway bog shall only be exercised in accordance with such general directives as may be laid down, from time to time, by the Minister.

• (5) In this section ‘cutaway bog’ means a bog substantially cleared of turf.”.

9 Amendment of section 59 of Principal Act.

9.—Section 59 of the Principal Act is hereby amended by the deletion of the words “capital account, revenue account,” in subsections (1) and (4).

10 Remuneration of officers and servants.

10.—In determining the remuneration or allowances for expenses to be paid to its officers or servants or the terms or conditions subject to which such officers or servants hold or are to hold their employment, the Board shall have regard either to Government or nationally agreed guidelines which are for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and, in addition to the foregoing, the Board shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the Minister may give from time to time to the Board with the consent of the Minister for Finance.

11 Amendment of sections 5 and 6 of Act of 1953.

11.—(1) (a) The reference in subsection (1) of section 5 of the Act of 1953 to superannuation benefits on retirement to whole-time members of the Board shall be construed, and shall be deemed always to have been construed, as a reference to pensions, gratuities and other allowances on retirement or death to or in respect of whole-time members of the Board.

• (b) The reference in subsection (2) of the said section 5 to benefit shall be construed, and shall be deemed always to have been construed, as a reference to pensions, gratuities and other allowances on retirement or death to or in respect of persons in the permanent employment of the Board.

• (2)
• (a) The reference in subsection (1) of section 6 of the Act of 1953 to superannuation benefits on retirement to persons in the permanent employment of the Board shall be construed, and be deemed always to have been construed, as a reference to pensions, gratuities and other allowances on retirement or death to or in respect of persons in the permanent employment of the Board.

• (b) The reference in subsection (2) of the said section 6 to superannuation benefits shall be construed, and be deemed always to have been construed, as a reference to pensions, gratuities and other allowances on retirement or death to or in respect of persons in the permanent employment of the Board.

• (c) The reference in subsection (3) of the said section 6 to persons to whom superannuation benefits on retirement are payable shall be construed, and shall be deemed always to have been construed, as a reference to persons to or in respect of whom pensions, gratuities and other allowances on retirement or death are payable.

• (3) A scheme under section 5 or 6 of the Act of 1953 expressed to have retrospective effect shall have such effect in accordance with the scheme.

• (4) Section 6 (2) (b) of the Act of 1953 is hereby amended by the insertion of “at least” after “equal to” and the said paragraph as so amended is set out in the Table to this subsection.

TABLE

• “(b) the payment of contributions to the fund by persons to whom the scheme applies, and the making by the Board of payments equal to at least the aggregate of such payments,”.

12 Expenses.

12.—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.

13 Short title, collective citation and construction.

13.—(1) This Act may be cited as the Turf Development Act, 1990.

• (2) The Turf Development Acts, 1946 to 1983, and this Act may be cited together as the Turf Development Acts, 1946 to 1990.

• (3) The Turf Development Acts, 1946 to 1983, and this Act shall be construed together as one Act.