Industrial Development Act 1986

Contravention of term or condition attached to grant or other payment.

[1969, s. 45]

37

37.Whenever there is a contravention of a term or condition attached to a grant or other payment under this Part, the amount of such grant or payment shall be repayable to the Authority and in default of being so repaid may be recoverable by the Authority as a simple contract debt.

Annotations:

Modifications (not altering text):

C28

Section applied with modifications by Industrial Development (Enterprise Ireland) Act 1998 (34/1998), s. 7D(c), as inserted (7.01.2020) by Industrial Development (Amendment) Act 2019 (46/2019), s. 3, S.I. No. 62 of 2020.

Application of certain provisions of Part III of Act of 1986

7D. Sections 35 to 37 of the Act of 1986 shall apply to sections 7A to 7C as if— ...

(c) in section 37—

(i) ‘grant, loan, subscription’ were substituted for ‘grant’ in each place that it occurs, and

(ii) ‘this Part or sections 7A to 7C of the Act of 1998,’ were substituted for ‘this Part,’,

and with any other necessary modifications.

C29

Functions under section transferred (1.08.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 18 and sch., commenced as per subs. (8) and S.I. No. 341 of 2014.

Transfer of functions to Enterprise Ireland and IDA

18. (1) The functions specified in the Schedule are transferred to Enterprise Ireland and IDA.

(2) The functions transferred under subsection (1) may be performed—

(a) by either Enterprise Ireland or IDA, or

(b) jointly by both Enterprise Ireland and IDA.

(3) The functions specified in paragraph (c) of subsection (1) of section 8 of the Act of 1987 are transferred to IDA.

(4) A function transferred under subsection (1) shall be performed by Enterprise Ireland or IDA, or both, as the case may be, in accordance with such directions (if any) as may be issued by the Minister from time to time.

(5) A function transferred under subsection (3) shall be performed by IDA in accordance with such directions (if any) as may be issued by the Minister from time to time.

(6) Any assignment of powers and functions under section 9 of the Act of 1993 to Enterprise Ireland or IDA in force immediately before the coming into operation of this section shall cease to have effect on that coming into operation.

(7) Subsection (3) of section 3 of the Act of 1995 is repealed. (8) This section shall come into operation on the dissolution day.

(8) This section shall come into operation on the dissolution day.

SCHEDULE

Section 18

Functions Transferred to Enterprise Ireland and IDA

Functions referred to in: ...

2. Subsections (3), (5) and (7) of section 5, paragraphs (a), (c) to (h) and (j) of subsection (1) of section 11, sections 16, 18 to 32 , 36 and 37 of the Industrial Development Act 1986.

...