Industrial Development Act 1986

Remission of rates.

[1972, s. 3]

5

5. (1) A local authority may, if they think fit, remit two-thirds of a rate leviable by them in respect of premises to which this section applies.

(2) The remission shall, subject to subsection (3), have effect in respect of the local financial year in which the premises for the industrial undertaking is first rated and in respect of each of the next nine local financial years.

(3) If, in any local financial year, the Authority certifies that the undertaking has failed to observe the terms upon which the premises were provided, the remission shall not have effect in respect of the local financial year.

(4) A remission shall not be granted more than once in respect of the same premises.

(5) Where premises are not separately valued under the Valuation Acts, the Commissioner of Valuation may, on the application of the Authority, apportion to the premises such part as he thinks proper of the rateable valuation of the property of which the premises are part.

(6) The powers conferred on a local authority by this section shall be reserved functions for the purposes of the County Management Acts, 1940 to 1972.

(7) This section applies to premises which—

( a) are certified by the Authority to have been provided for an industrial undertaking either by the Authority or by means of a grant made by the Authority, and

( b) are situate in an area which at the time of the provision of the premises was a designated area under a repealed enactment or is a designated area under this Act.

Annotations:

Modifications (not altering text):

C2

Functions under subss. (3), (5) and (7) 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.

...