An Bord Bia (Amendment) Act, 2004

• Jurisdiction: Ireland

Number 14 of 2004
AN BORD BIA (AMENDMENT) ACT 2004
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title, collective citation and construction. 2. Interpretation.
PART 2
Dissolution of Bord Glas
3. Transfer day. 4. Transfer of staff. 5. Transfer of property and liabilities to Board. 6. Preservation of certain contracts and adaptation of references to An Bord Glas. 7. Pending legal proceedings. 8. Preparation of accounts. 9. Repeal.
PART 3
Amendment of Principal Act
10. Commencement (Part 3). 11. Amendment of section 2 (interpretation) of Principal Act. 12. Amendment of section 7 (general functions of Board) of Principal Act. 13. Amendment of section 8 (particular functions of Board) of Principal Act. 14. Power to establish subsidiaries. 15. Amendment of section 9 (transfer of functions) of Principal Act. 16. Amendment of section 11 (exercise of functions) of Principal Act. 17. Amendment of section 13 (subsidiary boards) of Principal Act. 18. Amendment of section 14 (membership of Board and term of office of members) of Principal Act. 19. Membership of horticulture subsidiary board and term of office of members. 20. Amendment of section 28 (committees of Board or subsidiary boards) of Principal Act. 21. Amendment of section 38 (levy due and payable) of Principal Act. 22. Deletion of Schedule to Principal Act.
PART 4
Amendment of Registration of Potato Growers and Potato Packers Act 1984
23. Commencement (Part 4). 24. Amendment of Registration of Potato Growers and Potato Packers Act 1984.
Acts Referred to An Bord Bia (Amendment) Act 1995 1995, No. 20 An Bord Bia Act 1994 1994, No. 22 An Bord Bia Acts 1994 to 1996 Bord Glas Act 1990 1990, No. 1 Carer's Leave Act 2001 2001, No. 19 Companies Act 1963 1963, No. 33 Companies Acts 1963 to 2003 Minimum Notice and Terms of Employment Acts 1973 to 2001 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Act 1998 1998, No. 30 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Redundancy Payments Acts 1967 to 2003 Registration of Potato Growers and Potato Packers Act 1984 1984, No. 25 Unfair Dismissals Acts 1977 to 2001
Number 14 of 2004
AN BORD BIA (AMENDMENT) ACT 2004
AN ACT TO AMEND AND EXTEND AN BORD BIA ACT 1994, TO MAKE PROVISION FOR THE DISSOLUTION OF AN BORD GLAS — THE HORTICULTURAL DEVELOPMENT BOARD AND THE TRANSFER OF ITS FUNCTIONS TO AN BORD BIA, TO AMEND THE REGISTRATION OF POTATO GROWERS AND POTATO PACKERS ACT 1984, AND TO PROVIDE FOR RELATED MATTERS. [5th May, 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title, collective citation and construction.	1.—(1) This Act may be cited as An Bord Bia (Amendment) Act 2004.
	(2) An Bord Bia Acts 1994 to 1996 and this Act (other than Part 4 ) may be cited together as An Bord Bia Acts 1994 to 2004 and shall be construed together as one.
	(3) The Registration of Potato Growers and Potato Packers Act 1984 and Part 4 may be cited together as the Registration of Potato Growers and Potato Packers Acts 1984 and 2004 and shall be construed together as one.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“An Bord Glas” means An Bord Glas — The Horticultural Development Board;
	“Board” means An Bord Bia;
	“Minister” means the Minister for Agriculture and Food;
	“Principal Act” means An Bord Bia Act 1994;
	“transfer day” means the day appointed by the Minister under section 3 to be the transfer day for the purposes of Part 2 .
	(2) In this Act—
	(a) a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,
	(c) a reference to any other enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
PART 2 Dissolution of Bord Glas
	Transfer day.	3.—(1) The Minister shall by order appoint a day to be the transfer day for the purposes of this Part.
	(2) On the transfer day An Bord Glas shall stand dissolved.
	(3) References to An Bord Glas in any Act of the Oireachtas enacted before the transfer day or in any instrument made before the transfer day under an Act of the Oireachtas shall, on and after that day, be construed as references to the Board.
	Transfer of staff.	4.—(1) Every person who is, on the day immediately before the transfer day, a member of the staff of An Bord Glas shall, on the transfer day, be transferred to and become a member of the staff of the Board.
	(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Board, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the transfer day.
	(3) In relation to persons transferred to the Board pursuant to subsection (1), previous service with An Bord Glas shall be reckonable for the purposes of, but subject to any exceptions or exclusions in:
	(a) the Redundancy Payments Acts 1967 to 2003,
	(b) the Protection of Employees (Part-Time Work) Act 2001 ,
	(c) the Organisation of Working Time Act 1997 ,
	(d) the Minimum Notice and Terms of Employment Acts 1973 to 2001,
	(e) the Unfair Dismissals Acts 1977 to 2001,
	(f) the Carer's Leave Act 2001 , and
	(g) the Parental Leave Act 1998 .
	(4) Any superannuation benefits awarded to or in respect of a person to whom subsection (1) applies and the terms and conditions relating to those benefits shall not be less favourable than those applicable immediately before the transfer day.
	(5) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Board for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.
	Transfer of property and liabilities to Board.	5.—(1) With effect from the transfer day the following shall stand transferred to the Board—
	(a) all property and rights held or enjoyed immediately before that day by An Bord Glas, and
	(b) all liabilities incurred before that day by An Bord Glas that had not been discharged before that day,
	and, accordingly, without any further conveyance, transfer or assignment—
	(i) the said property, real and personal, shall, on the transfer day, vest in the Board, for all the estate, term or interest for which, immediately before that day, it was vested in An Bord Glas, but subject to all trusts and equities affecting the property and capable of being performed,
	(ii) such rights shall, as on and from the transfer day, be enjoyed by the Board, and
	(iii) such liabilities shall, as on and from the transfer day, be the liabilities of the Board.
	(2) All moneys, stocks, shares and securities transferred to the Board by this section which, on the transfer day, are standing in the name of An Bord Glas shall, upon the request of the Board, be transferred into its name.
	(3) Every right and liability transferred by this section to the Board may, on or after the transfer day, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board to give notice of the transfer to the person whose right or liability is transferred by this section.
	Preservation of certain contracts and adaptation of references to An Bord Glas.	6.—Every contract or agreement made between An Bord Glas or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the transfer day shall continue in force on and after that day and shall be construed and have effect as if the Board were substituted for An Bord Glas, or as the case may be, its trustee or agent acting on its behalf, and shall be enforceable against the Board.
	Pending legal proceedings.	7.—Where, immediately before the transfer day, any legal proceedings are pending in any court or tribunal and An Bord Glas is a party to the proceedings, the name of the Board shall be substituted in the proceedings for that of An Bord Glas and the proceedings shall not abate by reason of such substitution.
	Preparation of accounts.	8.—(1) As soon as may be after the transfer day the Board shall cause to be prepared in such form as may be approved of by the Minister all proper and usual accounts of all moneys received or expended by An Bord Glas in the accounting year, or the part of an accounting year, of An Bord Glas ending immediately before transfer day.
	(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Board for audit and, promptly after the audit, a copy of such accounts and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
	Repeal.	9.—The Bord Glas Act 1990 is...