ENERGY (MISCELLANEOUS PROVISIONS) ACT, 1995

• (I) such an installation, or

• (II) any offshore pipeline that has been used in connection with the said activities,

being an installation or pipeline which is no longer used in connection with the said activities, in the sea for a purpose other than that for which it was designed and constructed,

without the consent of the Minister for the Marine.

• (b) In this subsection “petroleum lease” means a petroleum lease (within the meaning of the Act of 1960) that is granted after the passing of this Act.

18 Amendment of Fuels (Control of Supplies) Act, 1971.

18.—(1) In the Fuels (Control of Supplies) Act, 1971 (as amended by the Fuels (Control of Supplies) Act, 1982)—

• (a) references to petroleum oils shall be construed as including references to any thing referred to in the definition of “petroleum” in the Act of 1960;

• (b) references to the acquisition, supply, distribution or marketing of fuels or of a type or types of fuel shall be construed as including references to—

• (i) the production of fuels or, as the case may be, of a type or types of fuel,

• (ii) the exploitation of such of the natural resources of a designated area as constitute fuels or, as the case may be, a type or types of fuel.

• (2) The Petroleum Oils (Regulation or Control of Acquisition, Supply, Distribution or Marketing) Order, 1983 (S.I. No. 1 of 1983), shall be construed as one with this section.

19 Amendment of section 9 (3) of Electricity (Supply) (Amendment) Act, 1958.

19.—(1) Section 9 (3) of the Electricity (Supply) (Amendment) Act, 1958, is hereby amended by the substitution of the following paragraph for paragraph (b):

• “(b) if he has paid any contributions in accordance with the provisions of subsection (2) of this section in respect of the period referred to in paragraph (a) of this subsection, those contributions shall be returned to him if and when a payment of benefit or a return of other contributions is made to him under the scheme, and”.

• (2) This section shall be deemed to have come into operation on the 3rd day of June, 1988.

20 Amendment of Electricity Supply Board (Superannuation) Act, 1942.

20.—(1) In this section—

“the Act of 1942” means the Electricity Supply Board (Superannuation) Act, 1942;

“amending superannuation scheme”, “general employees superannuation scheme”, “manual workers” and “manual workers superannuation scheme” have the meaning assigned to them by the Act of 1942.

• (2) Notwithstanding anything contained in section 4 (1), section 6 (4) or any other provision of the Act of 1942 an amending superannuation scheme may—

• (a) amend the general employees superannuation scheme so as to enable persons who are manual workers to participate in, and to be granted and paid superannuation benefits under, that scheme;

• (b) provide for the winding up of the fund established by regulations under section 8 of the Act of 1942 in respect of the manual workers superannuation scheme and the transfer of the moneys comprised in that fund (including the securities and other investments representing such moneys) to the fund established by regulations under the said section 8 in respect of the general employees superannuation scheme;

• (c) provide for matters incidental to or consequent upon the winding up of the fund referred to in paragraph (b);

• (d) revoke the manual workers superannuation scheme.

• (3) An amending superannuation scheme may, if the scheme so provides, have retrospective effect.

• (4) Section 7 (1) of the Act of 1942 is hereby amended by the substitution in paragraph (b) for “make to the said fund payments equal in the aggregate to the aggregate amount of the said contributions thereto” of “from time to time make to the said fund such payments as are determined by the actuary to the scheme”, and the said paragraph (b), as so amended, is set out in paragraph 1 of the Table to this section.

• (5) Section 7 (1) of the Act of 1942 is hereby further amended by the substitution of the following paragraphs for paragraph (c):

• “(c) provide that the Board shall defray the expenses of administering the scheme and managing the said fund including, where in its discretion it decides to defray the whole or any part of the fees and expenses referred to in paragraph (cc) of this subsection, the whole or such part of the said fees and expenses, and

• (cc) provide that where the persons in whom as trustees the said fund is for the time being vested by regulations under section 8 of this Act employ the professional services of one or more persons to assist them in the management of the said fund, the fees and expenses payable to the said person or persons for rendering the said services shall, save to the extent that the Board decides to defray them, be defrayed by the first-mentioned persons out of moneys standing to the credit of the said fund, and”.

• (6) Section 8 (2) of the Act of 1942 is hereby amended by the deletion in paragraph (b) (inserted by the Electricity (Supply) (Amendment) Act, 1982) of “, with the approval of the Minister for Finance,”, and the said paragraph (b), as so amended, is set out in paragraph 2 of the Table to this section.

TABLE

21 Amendment of section 2 (6) of Electricity (Supply) (Amendment) Act, 1988.

21.—Section 2 of the Electricity (Supply) (Amendment) Act, 1988, is hereby amended by the substitution in subsection (6) for “consent of the Minister and the Minister for Finance given” of “prior written consent of the Minister given with the approval of the Minister for Finance and”, and the said subsection (6), as so amended, is set out in the Table to this section.

TABLE

• (6) The exercise by the Board of any power conferred by this section shall be subject to the prior written consent of the Minister given with the approval of the Minister for Finance and 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.

22 Review of the provision and regulation of electricity supply services in the State.

22.—(1) In this section “the Board” means the Electricity Supply Board.

• (2) Whenever the Minister—

• (a) carries out or causes to be carried out a review of the provision and regulation of electricity supply services in the State (including a review of the efficiency and cost-effectiveness of the performance by the Board of its functions), or

• (b) participates in a review which is carried out by the Board or another person of the efficiency and cost-effectiveness of the performance by the Board of its functions,

the Minister may require the Board to pay to him or her, in such manner as he or she may determine, such sum as he or she specifies to be the sum that will defray the costs incurred by him or her in—

• (i) carrying out or causing to be carried out the review concerned referred to in paragraph (a), or

• (ii) participating in the review concerned referred to in paragraph (b),

and the Board shall comply with such a requirement.

• (3) The payment of a sum referred to in subsection (2) shall be regarded as an outgoing properly chargeable to the income of the Board for the purposes of section 21 of the Electricity (Supply) Act, 1927.

• (4) This section shall be deemed to have come into operation on the 16th day of November, 1993.

23 Amendment of section 31 of Turf Development Act, 1946.

23.—Section 31 of the Turf Development Act, 1946, is hereby amended by the deletion in subsection (4) of “in the City of Dublin”, and the said subsection (4), as so amended, is set out in the Table to this section.

TABLE

• (4) The maps, plans and books of reference required by this section to be deposited by the Board shall be deposited at the head office of the Board and at such other places as shall be prescribed and shall remain so deposited for such period as may be prescribed and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays, and bank holidays.

24 Amendment of section 2 (6) of Turf Development Act, 1990.

24.—Section 2 of the Turf Development Act, 1990, is hereby amended by the substitution in subsection (6) for “consent of the Minister and the Minister for Finance given” of “prior written consent of the Minister given with the approval of the Minister for Finance and”, and the said subsection (6), as so amended, is set out in the Table to this section.

TABLE

• (6) The exercise by the Board of any power conferred by this section shall be subject to the prior written consent of the Minister given with the approval of the Minister for Finance and 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.

25 Provision of moneys to Bord na Móna to enable the repayment by it of debts.

25.—(1) In this section “the Board” means Bord na Móna.

• (2)
• (a) The Minister for Finance shall cause to be kept in the joint names of himself or herself and the Minister an account with the Paymaster General for the purposes of this section and such an account is referred to in this section as “the special account”.

• (b) The special account shall be operated subject to such terms and conditions as the Minister for Finance, after consultation with the Minister, may determine.

• (3) The Minister for Finance may from time to time pay out of the special account such sums of money to the Board as he or she considers appropriate for the purpose of enabling the Board to—

• (a) repay the principal of any money borrowed by it,

• (b) pay any instalments or other amounts of money owed by it under a contract entered into by it,

• (c) pay interest on any money, instalment or amount referred to in paragraph (a) or (b), and

• (d) pay any commission or incidental expenses arising in connection with the borrowing by it of any money or the entry by it into any contract,

and any sums of money paid to the Board under this section shall be used by it for the said purposes and for no other purpose.

• (4)
• (a) Any moneys paid to the Board under subsection (3) shall not be required to be repaid by it to the Minister for Finance.

• (b) Notwithstanding the provisions of any enactment, the receipt by the Board of any moneys under subsection (3) shall not give rise to any charge to, or liability on the part of the Board for, tax of whatsoever kind.

• (5)
• (a) Whenever and so often as the Minister for Finance gives a direction in that behalf there shall be paid out of the Central Fund or the growing produce thereof into the special account such sums of money as are specified in the direction for the purpose of enabling the payment under subsection (3), at any subsequent date, of moneys from that account to the Board.

• (b) Any moneys standing to the credit of the special account may, where the Minister for Finance gives a direction in that behalf, be paid into, or, in such manner as is specified in the direction, disposed of for the benefit of, the Exchequer.

• (6) The total of the sums of money that may be paid out of the special account to the Board under this section shall not exceed £100 million.

26 Amendment of section 7 of Radiological Protection Act, 1991.

26.—Section 7 of the Radiological Protection Act, 1991, is hereby amended by the substitution of the following subsection for subsection (2):

• “(2) Without prejudice to the European Communities (Ionising Radiation) Regulations, 1991 (S.I. No. 43 of 1991), the functions of the Institute, in relation to the use of a radioactive substance, nuclear device or irradiating apparatus as a prophylactic, diagnostic or therapeutic agent for the purpose of the prevention, diagnosis or treatment of any human ailment, infirmity, injury or defect, shall relate to—

  • (a) the supervision and care of the radioactive substance, nuclear device or irradiating apparatus concerned, and

  • (b) ensuring that the said substance, device or apparatus is properly calibrated and maintained so as—

    • (i) to reduce to a minimum the effects of such substance, device or apparatus on property and persons other than a patient receiving a particular medical or dental application, or

    • (ii) to enable a medical or dental practitioner to achieve the maximum degree of accuracy and safety where the said substance, device or apparatus is used for the benefit of an individual patient.”.

27 Saving as respects the provisions of the Foreshore Acts, 1933 and 1992.

27.—Nothing in the Gas Acts, 1976 to 1995, or the Petroleum and Other Minerals Development Acts, 1960 and 1995, shall prejudice the provisions of the Foreshore Acts, 1933 and 1992.

28 Repeals, revocation and saving.

28.—(1) The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.

• (2) The Gas Act, 1976 (Section 9) (Establishment of Subsidiaries) Order, 1990 (S.I. No. 178 of 1991), is hereby revoked.

• (3) Notwithstanding the repeal of provisions of the Turf Development Act, 1981, by this section, any thing commenced but not completed before the passing of this Act by the Minister, the Minister for Finance or Bord na Móna under any of those provisions may be carried on and completed after the passing of this Act by the Minister, the Minister for Finance or Bord na Móna, as the case may be, as if the provision concerned had not been repealed.

29 Expenses.

29.—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.

30 Short title, construction and collective citation.

30.—(1) This Act may be cited as the Energy (Miscellaneous Provisions) Act, 1995.

• (2) The Gas Acts, 1976 to 1993, and, in so far as it amends those Acts, this Act shall be construed together as one and may be cited together as the Gas Acts, 1976 to 1995.

• (3) The Continental Shelf Acts, 1968 and 1987, and, in so far as it amends those Acts, this Act may be cited together as the Continental Shelf Acts, 1968 to 1995.

• (4) The Safety, Health and Welfare (Offshore Installations) Act, 1987, and, in so far as it amends that Act, this Act may be cited together as the Safety, Health and Welfare (Offshore Installations) Acts, 1987 and 1995.

• (5) The Sea Pollution Act, 1991, and, in so far as it amends that Act, this Act may be cited together as the Sea Pollution Acts, 1991 and 1995.

• (6) The Act of 1960 and, in so far as it amends that Act, this Act shall be construed together as one and may be cited together as the Petroleum and Other Minerals Development Acts, 1960 and 1995.

• (7) The Fuels (Control of Supplies) Acts, 1971 and 1982, and, in so far as it amends those Acts, this Act shall be construed together as one and may be cited together as the Fuels (Control of Supplies) Acts, 1971 to 1995.

• (8) The Electricity Supply Acts, 1927 to 1988, and, in so far as it amends those Acts, this Act shall be construed together as one and may be cited together as the Electricity Supply Acts, 1927 to 1995.

• (9) The Turf Development Acts, 1946 to 1990, and, in so far as it amends those Acts, this Act shall be construed together as one and may be cited together as the Turf Development Acts, 1946 to 1995.

• (10) The Radiological Protection Act, 1991, and, in so far as it amends that Act, this Act may be cited together as the Radiological Protection Acts, 1991 and 1995.

SCHEDULE Enactments Repealed