Industrial Development Act 2009

AN ACT TO PROVIDE FOR THE TRANSFER OF SHARES HELD BY SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED TO ENTERPRISE IRELAND; TO AMEND THE INDUSTRIAL DEVELOPMENT ACT 1986 AND THE INDUSTRIAL DEVELOPMENT ACT 1993; TO PROVIDE FOR THE TRANSFER OF ALL PROPERTY OF THE MINISTER UNDER SECTION 19 OF THE INDUSTRIAL RESEARCH AND STANDARDS ACT 1961 TO ENTERPRISE IRELAND; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[19th May, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Definitions.

1.— In this Act—

“Act of 2003” means the Industrial Development (Science Foundation Ireland) Act 2003;

“ Agency ” means Enterprise Ireland established under section 6(1) of the Industrial Development (Enterprise Ireland) Act 1998;

“shareholder” means Shannon Free Airport Development Company Limited;

“Minister” means the Minister for Enterprise, Trade and Employment.

2. Transfer of shares to Agency.

2.— (1) All shares of whatever class in each of the companies specified in the Schedule that, immediately before the passing of this Act, vested in the shareholder, shall upon such passing stand vested in the Agency.

• (2) The Agency shall, as soon as practicable after the passing of this Act, notify each of the companies specified in the Schedule of the vesting in the Agency of shares in the company concerned by virtue of subsection (1) and particulars of such vesting shall be entered by that company in any register required to be maintained by the company in respect of the shares.

• (3) This section shall apply to each of the companies specified in the Schedule notwithstanding any restriction in its memorandum of association or articles of association or any other instrument relating to the vesting or transfer of shares in the company concerned.

• (4) All rights and liabilities of the shareholder arising by virtue of any contract in force immediately before the passing of this Act and relating to any shares transferred by virtue of this section shall upon such passing stand transferred to the Agency.

• (5) Every right and liability transferred by this section to the Agency may be sued on, recovered or enforced by or against the Agency in its own name and it shall not be necessary for the Agency to give notice to any person of the transfer of any right or liability by this section.

3. Amendment of Industrial Development Act 1986.

3.— The Industrial Development Act 1986 is amended—

• (a) in section 25 (inserted by section 29 of the Act of 2003), by substituting “€7,500,000” for “€5,000,000” in each place that it occurs,

• (b) in subsection (4) (inserted by section 30 of the Act of 2003) of section 28, by substituting “€7,500,000” for “€5,000,000” in each place that it occurs,

• (c) in section 29 (inserted by section 31 of the Act of 2003), by substituting “€7,500,000” for “€2,500,000” in each place that it occurs,

• (d) in subsection (4) (inserted by section 32 of the Act of 2003) of section 31, by substituting “€7,500,000” for “€5,000,000” in each place that it occurs,

• (e) in section 34 (inserted by section 33 of the Act of 2003), by substituting “€15,000,000” for “€10,000,000” in each place that it occurs, and

• (f) by substituting the following for the Third Schedule:

Section 4.

“THIRD SCHEDULE

DESIGNATED AREAS

The counties of Cavan, Donegal, Galway, Laois, Leitrim, Longford, Louth, Mayo, Monaghan, Offaly, Roscommon, Sligo and Westmeath.”.

4. Amendment of Industrial Development Act 1993.

4.— The Industrial Development Act 1993 is amended—

• (a) in subsection (2) of section 11 (inserted by section 35(e) of the Act of 2003), by substituting “€7,000,000,000” for “€3,400,000,000”, and

• (b) in section 12 (inserted by section 35(f) of the Act of 2003), by substituting “€7,500,000” for “€5,000,000” in each place that it occurs.

5. Transfer of property in certain discoveries and inventions to Enterprise Ireland.

5.— (1) All property vesting in the Minister under section 19 of the Act of 1961 immediately before the passing of this Act shall, upon such passing, stand vested in Enterprise Ireland.

• (2) Any patent in respect of an invention or discovery to which section 19 of the Act of 1961 applies that immediately before the passing of this Act vested in a relevant person shall, upon such passing, stand transferred to Enterprise Ireland.

• (3) Any application for a patent in respect of an invention or discovery to which section 19 of the Act of 1961 applies made by a relevant person, and pending immediately before the passing of this Act, shall be deemed to have been made by Enterprise Ireland.

• (4) All rights and liabilities of the Minister arising by virtue of any contract in force immediately before the passing of this Act and relating to any property transferred by virtue of this section shall, upon such passing, stand transferred to Enterprise Ireland.

• (5) All rights and liabilities of a relevant person arising by virtue of any contract in force immediately before the passing of this Act and relating to—

• (a) any patent transferred by virtue of this section, or

• (b) any application to which subsection (3) applies,

shall, upon such passing, stand transferred to Enterprise Ireland.

• (6) Particulars of the transfer of patents effected by subsection (2) shall be entered by the Controller of Patents, Designs and Trademarks in the Register of Patents as soon as may be after the passing of this Act.

• (7) All acts done, or purporting to have been done, before the passing of this Act, by Enterprise Ireland or a relevant person in respect of—

• (a) any patent or other property transferred by this section, or

• (b) an application to which subsection (3) applies,

being acts that by reason only of section 19 of the Act of 1961 would (but for this subsection) be invalid, shall be and be deemed always to have been valid and effectual for all purposes.

• (8) Every right and liability transferred by this section to Enterprise Ireland may, on and after the passing of this Act, be sued on, recovered or enforced by or against Enterprise Ireland in its own name and it shall not be necessary for Enterprise Ireland to give notice to any person of the transfer of any right or liability by this section.

• (9) Enterprise Ireland shall have the power to transfer, assign, licence or otherwise dispose of any or all of the property vesting in, or transferred to, it under this section.

• (10) Section 19 (other than subsection (2)) of the Act of 1961 is repealed.

• (11) In this section—

“Act of 1961” means the Industrial Research and Standards Act 1961;

“relevant person” means—

• (a) Institute for Industrial Research and Standards,

• (b) Eolas,

• (c) Forfás, or

• (d) Forbairt.

6. Short title and collective citation.

6.— (1) This Act may be cited as the Industrial Development Act 2009.

• (2) The Industrial Development Acts 1986 to 2006 and this Act may be cited together as the Industrial Development Acts 1986 to 2009.

SCHEDULE