Legalize / Ireland / Act

Industrial Development (Forfás Dissolution) Act 2014

Type Act

Publication 2014-06-29

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

1. Short title, collective citations and commencement

1.(1) This Act may be cited as the Industrial Development (Forfás Dissolution) Act 2014.

(2) This Act other than Part 7 shall be included in the collective citation “Industrial Development Acts 1986 to 2014”.

(3) Part 7 and the Safety, Health and Welfare at Work Acts 2005 and 2010 may be cited together as the Safety, Health and Welfare at Work Acts 2005 to 2014.

(4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Interpretation

2. In this Act—

“Act of 1987” means the Science and Technology Act 1987;

“Act of 1993” means the Industrial Development Act 1993;

“Act of 1995” means the Industrial Development Act 1995;

“Act of 1996” means the National Standards Authority of Ireland Act 1996;

“Act of 1997” means the European Parliament Elections Act 1997;

“Act of 1998” means the Industrial Development (Enterprise Ireland) Act 1998;

“Act of 2003” save where otherwise appears, means the Industrial Development (Science Foundation Ireland) (Amendment) Act 2013;

“Act of 2005” means the Safety, Health and Welfare at Work Act 2005;

“Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“Act of 2013” means the Industrial Development (Science Foundation Ireland) (Amendment) Act 2013;

“dissolved body” shall be construed in accordance with section 16;

“dissolution day” means the day appointed as the dissolution day under section 16;

“IDA” means the Industrial Development Agency (Ireland);

“Minister” means the Minister for Jobs, Enterprise and Innovation;

“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such an extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

4. Repeal

4. Section 11(1) of the Metrology Act 1996 is repealed.

PART 2 Staff of Enterprise Ireland

5. Staff of Enterprise Ireland and subsidiaries of Enterprise Ireland

5. (1) Enterprise Ireland may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of Enterprise Ireland as it may from time to time determine.

(2) A subsidiary may, with the consent of Enterprise Ireland and the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the subsidiary as it may from time to time determine.

(3) The terms and conditions of service of a member of staff of Enterprise Ireland and of a subsidiary shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by Enterprise Ireland.

(4) Where a member of staff of Enterprise Ireland or a member of staff of a subsidiary is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

he or she shall thereupon stand seconded from employment by Enterprise Ireland or the subsidiary and shall not be paid by, or be entitled to receive from, Enterprise Ireland or the subsidiary any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a member of such Parliament.

(5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the staff of Enterprise Ireland or a subsidiary.

(6) In this section “subsidiary” means a subsidiary acquired by Enterprise Ireland or a subsidiary formed and registered by Enterprise Ireland pursuant to section 5 of the Act of 1995.

(7) Section 18 of the Act of 1998 is repealed.

6. Transfer of seconded staff to Enterprise Ireland

6. (1)(a) Subject to paragraph (b), every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to Enterprise Ireland who is on secondment to Enterprise Ireland immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of Enterprise Ireland.

(b) Every person who is—

(i) a fixed-term employee of Forfás,

(ii) seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to Enterprise Ireland, and

(iii) on secondment to Enterprise Ireland immediately before the coming into operation of this section,

shall, on that coming into operation, become and be a fixed-term employee of Enterprise Ireland for the duration of his or her contract.

(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section.

(3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a) the Redundancy Payments Acts 1967 to 2012;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 to 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(4) Section 19 of the Act of 1998 is repealed.

7. Superannuation scheme relating to Enterprise Ireland

7. (1) Subject to subsection (2), Enterprise Ireland shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—

(a) persons referred to in section 6(1), and

(b) such other members of its staff (including the chief executive) as it considers appropriate.

(2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.

(3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(4) Enterprise Ireland may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

(5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by Enterprise Ireland in accordance with its terms.

(6) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.

(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.

(7) A superannuation benefit shall not be granted by Enterprise Ireland to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.

(8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person—

(a) referred to in section 6(1), and

(b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012,

provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person.

(9) Any period of service by a person as a member of the staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).

(10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect of, a person referred to in section 6(1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by Enterprise Ireland in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with Enterprise Ireland shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by Enterprise Ireland.

(11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.

(12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

(13) In this section “chief executive” means the chief executive officer of Enterprise Ireland appointed under section 13 of the Act of 1998.

(14) Section 20 of the Act of 1998 is repealed.

PART 3 Staff of IDA

8. Staff of IDA and subsidiaries of IDA

8.(1) IDA may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of IDA as it may from time to time determine.

(2) A subsidiary may, with the consent of IDA and the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the subsidiary as it may from time to time determine.

(3) The terms and conditions of service of a member of staff of IDA and of a subsidiary shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by IDA.

(4) Where a member of staff of IDA or a member of staff of a subsidiary is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

he or she shall thereupon stand seconded from employment by IDA or the subsidiary and shall not be paid by, or be entitled to receive from, IDA or the subsidiary any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a member of such Parliament.

(6) In this section “subsidiary” means a subsidiary acquired by IDA or a subsidiary formed and registered by IDA pursuant to section 5 of the Act of 1995.

(7) Section 36 of the Act of 1998 is repealed.

9. Transfer of seconded staff to IDA

9. (1)(a) Subject to paragraph (b), every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA who is on secondment to IDA immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of IDA.

(b) Every person who is—

(i) a fixed term employee of Forfás,

(ii) seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA, and

(iii) on secondment to IDA immediately before the coming into operation of this section,

shall, on that coming into operation, become and be a fixed-term employee of IDA for the duration of his or her contract.

(3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a) the Redundancy Payments Acts 1967 to 2012;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 to 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(4) Section 37 of the Act of 1998 is repealed.

10. Superannuation scheme relating to IDA

10.(1) Subject to subsection (2), IDA shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—

(a) persons referred to in section 9(1), and

(b) such other members of its staff (including the chief executive) as it considers appropriate.

(4) IDA may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

(6)(a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.

(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.