Digital Hub Development Agency Act 2003

PART 1 Preliminary and General

1. Short title.

1. —This Act may be cited as the Digital Hub Development Agency Act 2003.

2. Interpretation.

2. —(1) In this Act—

“Agency” means Digital Hub Development Agency established under section 7;

“committee” means a committee established under section 18;

“company” means a company within the meaning of the Companies Acts 1963 to 2001;

“development plan” shall be construed in accordance with section 9;

“digital content” means content stored—

(a) in a digital format, or

(b) electronically in a format which is not digital,

that can be created, manipulated and exchanged electronically;

“digital hub” means the area set out in the Schedule being a creative centre for digital content industries and related activities;

“establishment day” means the day appointed by the Minister under section 4 to be the establishment day;

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

“IDA” means Industrial Development Agency (Ireland);

“Minister” means Minister for Communications, Marine and Natural Resources;

“publication” includes electronic modes of publication which are capable of being read in a legible form and cognate words shall be construed accordingly;

“remuneration” includes allowances for expenses, benefits-in-kind and superannuation;

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

(2) (a) In this subsection, a reference to a “thoroughfare” includes any avenue, bridge, drive, high water mark, place, river, road, row, street or wall.

(b) In the Schedule —

(i) a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare;

(ii) a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare;

(iii) a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare or projection of a thoroughfare is a reference to the point where a line drawn along the centre of such thoroughfare, or in the case of a projection of a thoroughfare, along such projection, would be intersected or joined by a line drawn along the centre of such other thoroughfare or, in the case of another projection of a thoroughfare, along such other projection.

(3) In this Act—

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

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

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3. Extension or variation of digital hub area.

3. —(1) The Minister may by order, with the consent of the Minister for Finance, extend or vary the area of the digital hub to include or exclude land, described in the order, contiguous to the boundaries of the digital hub.

(2) Where an order under this section is in force, every reference in this Act to the digital hub shall be construed as a reference to the area described in the Schedule as extended or varied by the order.

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

4. Establishment day.

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

5. Laying of orders before Houses of Oireachtas.

5. —Every order (other than an order under section 4) made by the Minister under this Act 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.

6. Expenses.

6. —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.

PART 2 Digital Hub Development Agency

7. Establishment of Agency.

7. —(1) There shall stand established, on the establishment day, a body to be known as the Digital Hub Development Agency (in this Act referred to as the “Agency”), to perform the functions conferred on it by or under this Act.

(2) The Agency shall be a body corporate with perpetual succession and a seal and with power—

(a) to sue and may be sued in its corporate name,

(b) to acquire, hold and dispose of land or an interest or part of an interest in land, by transfer, assignment, conveyance, grant of lease or licence or otherwise, with the consent of the Minister, and

(c) to acquire, hold and dispose of any other property, with the consent of the Minister.

8. Functions of Agency.

8. —(1) The functions of the Agency shall be to—

(a) procure, secure the provision of and to promote and facilitate the development, including the carrying out of construction or maintenance works, of the digital hub as a location for digital enterprises and related activities;

(b) formulate strategies to encourage individuals and enterprises engaged in digital content and related activities to locate in the digital hub;

(c) promote and facilitate the procurement of technical and communications infrastructure to attract digital enterprises to the digital hub;

(d) prepare a development plan in accordance with section 9;

(e) prepare estimates of the costs of implementation of the development plan and propose possible funding options;

(f) oversee and manage implementation of the development plan;

(g) consult with local community interests in or adjacent to the digital hub as part of the implementation of the development plan;

(h) enter into agreements with other persons in order to secure the development of the digital hub whether by means of a concession, joint venture, public private partnership or any other means;

(i) enter, where appropriate, into an agreement with a person who has arranged or provided funding for the carrying out of any part of the development of the digital hub.

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

(3) The Agency may, with the consent of the Minister, enter into arrangements with other persons to perform on behalf of the Agency such of its functions as the Agency considers necessary.

(4) In performing its functions under subsection (1) the Agency shall consult with Enterprise Ireland, IDA and any other relevant body established by or under statute.

(5) The Agency may exploit commercial opportunities arising from its functions.

(6) The Agency may receive income (including any amount, right, interest, benefit or profit) arising from or make payments (or otherwise provide consideration) in respect of any of its functions referred to in subsection (1).

(7) Where an agreement or arrangement was entered into by Digital Media Development Limited on a date before the establishment day and was entered into in good faith, then the agreement or arrangement, as the case may be, shall have effect and be taken to have had effect when the agreement or arrangement was entered into.

9. Development plan.

9. —(1) The Agency shall, as soon as may be after its establishment, prepare a plan for the strategic development (“development plan”) for the digital hub.

(2) The development plan shall consist of a written statement and a plan indicating the objectives for the development of the digital hub, including inter alia —

(a) acquisition of suitable property to provide physical space for digital enterprises and related activities,

(b) management and refurbishment of property,

(c) disposal of property,

(d) a strategy for educational provision, particularly for digital arts and technology, including linkages with first and second level schools, with further education and with third level institutions engaged in digital content projects,

(e) the setting of a budget for the plan and a strategy for its delivery within the set budget,

(f) the setting of indicative targets for the numbers to be employed in digital content enterprises within the digital hub.

(3) In preparing a draft of the development plan, the Agency shall-

(a) have regard to Dublin City Council's integrated area plan for the Liberties and Coombe area and Dublin City Council's Development Plan,

(b) consult with Dublin City Council, relevant Departments of State, Enterprise Ireland, IDA, other relevant bodies established by or under statute and interested relevant third parties,

(c) make arrangements for the making of submissions by interested parties in relation to the draft and the consideration by the Agency of any such submissions, and

(d) comply with any general directive that may be given to it by the Minister under section 12.

(4) Before a development plan is adopted, the Agency shall—

(a) publish in one or more newspapers circulating in the digital hub and on a web site notice—

(i) stating that a draft development plan has been prepared and that it will be considered for adoption by the Agency,

(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft development plan may be inspected,

(iii) indicating where a copy of the draft development plan may be obtained and specifying the fee (if any) for such copy (which shall be not more than the reasonable cost of making such copy), and

(iv) stating that submissions or observations may be made in writing to the Agency in relation to the draft development plan before a specified date (which shall be not less than two weeks after the end of the period for inspection),

and

(b) consider any submissions or observations made to it under this subsection and not withdrawn and made such amendments or modifications (if any) to the draft development plan as it considers appropriate.

(5) Dublin City Council and An Bord Pleanála shall, in deciding any application or in determining any application on appeal for permission under Part III of the Planning and Development Act 2000 in respect of development in the digital hub area, consider anything relevant contained in the development plan.

(6) Every act done by or on behalf of Digital Media Development Limited before and in anticipation of the establishment day in respect of this section shall have and be deemed always to have had all such (if any) validity and effect as it would have had if this section had been in force when such act was done, and as if the act had been done, by or on behalf of the Agency.

10. Strategic, etc., plans.

10. —(1) As soon as may be, but not later than 6 months after the adoption of the development plan, and thereafter as requested by the Minister, the Agency shall prepare and present to the Minister and the Minister for Finance strategic, business and financial plans or any revisions to those plans.

(2) The Minister shall, as soon as may be, after a strategic, business or financial plan or any revision thereto under this section has been presented to him or her, cause a copy of it to be laid before each House of the Oireachtas.

11. Conferral of additional functions on Agency.

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

(a) confer on the Agency such additional functions relating to and connected with the functions conferred on the Agency by section 8 or an order made under this section as the Minister considers appropriate, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Agency of functions so conferred.

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

12. Directives of Minister to Agency

12. —(1) The Minister may, from time to time, give to the Agency a general directive in writing as to policy regarding the performance of any of the functions assigned to it by or under this Act, and the Agency shall, in performing its functions, have regard to any such directive.

(2) (a) The Minister may, from time to time, with the consent of the Minister for Finance, give to the Agency a general directive in writing specifying the financial objectives of the Agency, the manner in which the Agency shall conduct its financial affairs and requiring the application of profits or other income or funds of the Agency in such manner (including application for the benefit of the Exchequer) as may be specified in the directive.

(b) The Agency shall, in performing its functions, comply with any directive given to it under this subsection.

(c) This subsection shall not be construed as imposing on the Agency, either directly or indirectly, a duty or liability which may be the subject of any legal proceedings.

(3) Where the Minister gives a directive under subsection (1) —

(a) a notice of the giving of the directive and details of it shall be laid before each House of the Oireachtas as soon as may be after it is given, and

(b) a notice of the giving of the directive shall be published in Iris Oifigiúil within 28 days of the giving of the directive.

(4) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance, in a particular case, by the Agency of a function assigned to it by or under this Act.

13. Subsidiaries, investments, joint ventures, etc.

13. —(1) Such functions of the Agency as it may determine may be performed by a subsidiary and, accordingly, the Agency may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and establish one or more subsidiaries.

(2) The Agency or a subsidiary may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, promote and take part in the formation or establishment of a company, enter into joint ventures or partnerships for the purpose of fulfilling any of its functions.

(3) The Agency may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

(4) The memorandum and articles of association of a subsidiary shall be in such form consistent with this Act as may be determined by the Agency with the consent of the Minister and the Minister for Finance.

(5) The Minister may give a direction in writing to the Agency on any matter relating to a subsidiary and the Agency shall comply or, as may be appropriate, secure compliance with the direction.

(6) A direction under this section 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.

(7) In this section “subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act 1963) of the Agency.

14. Charges by Agency.

14. —(1) The Agency may, with the consent of the Minister, make such charges, as it considers necessary and appropriate in consideration of—

(a) the provision by it of services (other than a service consisting of the provision of advice to the Minister), and

(b) the carrying on by it of any activities.

(2) The Agency may recover as a simple contract debt in any court of competent jurisdiction from any other person by whom it is payable any amount due and owing under subsection (1).

15. Membership of Agency and term of office of members.

15. —(1) The Agency shall consist of F2[8 members].

(2) The Agency shall include the chief executive.

(3) The members of the Agency (other than the chief executive) shall be appointed by the Minister, with the consent of the Minister for Finance.

(4) The Minister shall designate one member of the Agency as chairperson.

(5) The Minister, when appointing a member (other than the chairperson) of the Agency, shall fix such member's period of membership which shall not exceed 3 years, and, subject to this section, membership shall be on such terms as the Minister determines.

(6) The ordinary members of the Agency shall include—

(a) persons, who, in the opinion of the Minister, have a special interest or expertise in matters relating to the functions of the Agency or matters related thereto,

(b) the City Manager of Dublin City Council or an officer of Dublin City Council nominated by him or her, and

(c) a representative of the local community in the digital hub.

(7) There may be paid to members of the Agency, out of moneys at the disposal of the Agency, such remuneration (if any) and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(8) Each member of the Agency shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister determines at the time of his or her appointment.

(9) A member of the Agency may resign from the Agency by letter addressed to the Minister and the resignation shall take effect on the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(10) A member of the Agency may at any time be removed from membership of the Agency by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Agency of its functions.