Industrial Development Act, 1993

JurisdictionIreland
CitationIR No. 19/1993


Number 19 of 1993


INDUSTRIAL DEVELOPMENT ACT, 1993


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title, construction and collective citation.

2.

Interpretation.

3.

Expenses.

4.

Repeals.

PART II

Forfás and Agencies

5.

Establishment of Forfás, Forbairt and IDA.

6.

Functions of Forfás.

7.

Functions of Forbairt.

8.

Functions of IDA.

9.

Functions formerly exercised by the Industrial Development Authority and Eolas.

10.

Delegation of functions.

11.

Grants to Forfás and the Agencies.

12.

Industrial incentives.

13.

Review of industrial performance and policy.

PART III

Transitional Provisions

14.

Transfer of land.

15.

Transfer of other property.

16.

Transfer of rights and liabilities.

17.

Exemption from stamp duty.

18.

Dissolution of Industrial Development Authority and Eolas.

19.

Final accounts of dissolved bodies.

20.

Pending legal proceedings.

21.

Staff.

FIRST SCHEDULE

Forfás and the Agencies

SECOND SCHEDULE

Members and Staff

THIRD SCHEDULE

Enactments Repealed


Acts Referred to

Companies Act, 1990

1990, No. 33

European Assembly Elections Act, 1977

1977, No. 30

European Assembly Elections Act, 1984

1984, No. 6

Finance Act, 1895

58 & 59 Vict. c. 16

Industrial Development Act, 1986

1986, No. 9

Industrial Development (Amendment) Act, 1991

1991, No. 9

Industrial Research and Standards Act, 1961

1961, No. 20

Industrial Research and Standards (Amendment) Act, 1979

1979, No. 33

Local Government Act, 1941

1941, No. 30

Science and Technology Act, 1987

1987, No. 30

Shannon Free Airport Development Company Limited (Amendment) Act, 1970

1970, No. 9


Number 19 of 1993


INDUSTRIAL DEVELOPMENT ACT, 1993


AN ACT TO MAKE FURTHER PROVISION FOR THE DEVELOPMENT OF INDUSTRY AND TECHNOLOGY AND TO STIMULATE AND ENCOURAGE INVESTMENT IN INDUSTRIAL UNDERTAKINGS FROM SOURCES WHETHER WITHIN OR OUTSIDE OF THE STATE AND FOR THOSE PURPOSES TO ESTABLISH NEW BODIES TO BE KNOWN AS FORFÁS, FORBAIRT AND THE INDUSTRIAL DEVELOPMENT AGENCY (IRELAND) AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [6th July, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title, construction and collective citation.

1.—(1) This Act may be cited as the Industrial Development Act, 1993.

(2) The Industrial Development Acts, 1986 and 1991 and this Act may be cited together as the Industrial Development Acts, 1986 to 1993, and shall be construed together as one Act.

Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“the Act of 1986” means the Industrial Development Act, 1986 ;

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

“Agency” means Forbairt or IDA;

“Board” means the Board of Forfás or either Agency;

“dissolved body” means the Industrial Development Authority or Eolas;

“establishment day” has the meaning assigned to it by section 5 ;

“Forbairt” means the Agency established in that name by section 5 ;

“Forfás” means the Agency established in that name by section 5 ;

“IDA” means the Agency established by section 5 in the name of the Industrial Development Agency (Ireland);

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

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

(3) In this Act, a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to another provision is intended.

(4) In this Act, a reference to any other enactment is to that enactment as amended by any other enactment including this Act.

Expenses.

3.—The expenses incurred 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.

Repeals.

4.—Every enactment referred to in column (2) of the Third Schedule to this Act is hereby repealed with effect from the establishment day to the extent mentioned in column (3) of that Schedule.

PART II

Forfás and Agencies

Establishment of Forfás, Forbairt and IDA.

5.—(1) There shall stand established, on such day as the Minister may by order appoint (“the establishment day”), a body to be known as Forfás and two agencies of Forfás, to be known respectively as Forbairt and the Industrial Development Agency (Ireland) (“IDA”), to carry out the functions assigned to them by this Act.

(2) The First and Second Schedules shall apply for the purposes of this section.

Functions of Forfás.

6.—(1) The functions of Forfás shall be—

(a) to advise the Minister on matters relating to the development of industry in the State,

(b) to advise on the development and co-ordination of policy for Forbairt, IDA, An Bord Tráchtála and such other bodies as the Minister may designate,

(c) to encourage the development of industry and technology in the State,

(d) to encourage the establishment and development in the State of industrial undertakings from outside the State, and

(e) to advise and co-ordinate Forbairt and IDA in relation to their functions.

(2) Forfás and each Agency shall comply with such general directives relating to the policy to be followed by it in the exercise of its functions as may be given by the Minister.

Functions of Forbairt.

7.—The functions of Forbairt shall be, as an agency of Forfás—

(a) to develop industry in the State,

(b) to strengthen the technological base and the capacity of industry to innovate,

(c) to provide services which support such development,

(d) to make investments in and provide supports to industrial undertakings which comply with the requirements of the enactments for the time being in force,

(e) to administer such schemes, grants and other financial facilities requiring the disbursement of European Community Funds as may from time to time be authorised by the Minister with the concurrence of the Minister for Finance, and

(f) to carry out such other functions as may from time to time be assigned to it by Forfás with the consent of the Minister.

Functions of IDA.

8.—The functions of IDA shall be, as an agency of Forfás—

(a) to promote the establishment and development, in the State, of industrial undertakings from outside the State,

(b) to make investments in and provide supports to industrial undertakings which comply with the requirements of the enactments for the time being in force,

(c) to administer such schemes, grants and other financial facilities requiring the disbursement of European Community Funds as may from time to time be authorised by the Minister with the concurrence of the Minister for Finance, and

(d) to carry out such other functions as may from time to time be assigned to it by Forfás with the consent of the Minister.

Functions formerly exercised by the Industrial Development Authority and Eolas.

9.—(1) Subject to subsection (2), the powers and functions of the Industrial Development Authority, as specified in the Act of 1986, and the powers and functions of Eolas, as specified in the Industrial Research and Standards Act, 1961 and in the Act of 1987, shall be vested in Forfás and may, to such an extent and in accordance with such directions as the Minister may from time to time determine, be assigned to and exercised by Forbairt or IDA as the case may be.

(2) The powers and functions of the Industrial Development Authority conferred on it by Part III of the Act of 1986 shall be assigned to, and exercised by, Forbairt or IDA to such an extent and in accordance with such directions as Forfás, with the concurrence of the Minister, may from time to time determine.

(3) For the purposes of this section, references in the Act of 1986 and in the Shannon Free Airport Development Company Limited (Amendment) Act, 1970 to “the Authority” and in the Act of 1987 to “the Agency” shall be construed as references to Forfás and each Agency, or to any of them, as may be appropriate.

Delegation of functions.

10.—(1) Any function exercised by Forfás and either Agency may, without prejudice to their general responsibilities under this Act, be performed through or by any member of staff duly authorised in that behalf.

(2) Forfás and either Agency may, as it thinks proper, from time to time constitute committees or other bodies (including regional bodies) for the purposes of this section and dissolve any such body.

(3) Membership of a committee or other body may include persons who are not members of Forfás or its staff or of either Agency.

Grants to Forfás and the Agencies.

11.—(1) There may be paid by the Minister to Forfás and each Agency, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the consent of the Minister for Finance, may sanction—

(a) to enable Forfás and each Agency to meet its administration and general expenses, and

(b) to discharge its obligations and liabilities.

(2) The aggregate amount of grants made by the Minister to Forfás and the Agencies under subsection (1) (b) (other than grants to which section 14 (3) of the Act of 1986 applies) shall not exceed £750,000,000.

(3) The aggregate amount of grants made by Forfás and the Agencies and of payments made under sections 16 and 31 of the Act of 1986 or the corresponding provisions of any repealed enactment after the commencement of this section shall not exceed the aggregate...

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