Industrial Development (Enterprise Ireland) Act 1998


Number 34 of 1998


INDUSTRIAL DEVELOPMENT (ENTERPRISE IRELAND) ACT 1998

REVISED

Updated to 7 January 2020


This Revised Statutory Instrument is an administrative consolidation of Industrial Development (Enterprise Ireland) Act 1998. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Consumer Insurance Contracts Act 2019 (53/2019), enacted 26 December 2019, and all statutory instruments up to and including the Industrial Development (Amendment) Act 2019 (Commencement) Order 2020 (S.I. No. 62 of 2020), made 10 March 2020, were considered in the preparation of this Revised Statutory Instrument.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 34 of 1998


INDUSTRIAL DEVELOPMENT (ENTERPRISE IRELAND) ACT 1998

REVISED

Updated to 7 January 2020


Introduction

This Revised Statutory Instrument presents the text of the Instrument as it has been amended since it was made, and preserves the format in which it was made.

Related legislation

Industrial Development Acts 1986 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Industrial Development (Amendment) Act 2019 (46/2019), s. 6(2)). The Acts in this group are:

Industrial Development Act 1986 (9/1986)

Industrial Development (Amendment) Act 1991 (30/1991), in so far as it relates to the Industrial Development Act 1986

Industrial Development Act 1993 (19/1993)

Industrial Development Act 1995 (28/1995), insofar as it relates to the Industrial Development Acts 1986 to 1993

Industrial Development (Enterprise Ireland) Act 1998(34/1998), other than Part III insofar as it relates to the Legal Metrology Service, s. 35 and Part VIII

Industrial Development (Science Foundation Ireland) Act 2003 (30/2003)

Industrial Development Act 2006 (34/2006)

Industrial Development Act 2009 (11/2009)

Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 (36/2013), other than ss. 7, 10

County Enterprise Boards (Dissolution) Act 2014 (4/2014)

Industrial Development (Forfás Dissolution) Act 2014 (13/2014), other than Part 7

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 3

Industrial Development (Amendment) Act 2019 (46/2019), other than s. 4

Annotations

This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Statutory Instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Industrial Development (Amendment) Act 2019 (46/2019)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019)

Industrial Development (Forfás Dissolution) Act 2014 (13/2014)

County Enterprise Boards (Dissolution) Act 2014 (4/2014)

Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 (36/2013)

Industrial Development (Science Foundation Ireland) Act 2003 (30/2003)

All Acts up to and including Consumer Insurance Contracts Act 2019 (53/2019), enacted 26 December 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Industrial Development (Enterprise Ireland) Act 1998 (Section 50) Commencement Order 2008 (S.I. No. 530 of 2008)

Industrial Development (Enterprise Ireland) Act, 1998 (Section 40) (Commencement) Order 1999 (S.I. No. 127 of 1999)

Industrial Development (Enterprise Ireland) Act 1998 (Establishment Day) Order 1998 (S.I. No. 252 of 1998)

All statutory instruments up to and including Industrial Development (Amendment) Act 2019 (Commencement) Order 2020 (S.I. No. 62 of 2020), made 10 March 2020, were considered in the preparation of this revision.


Number 34 of 1998


INDUSTRIAL DEVELOPMENT (ENTERPRISE IRELAND) ACT 1998

REVISED

Updated to 7 January 2020


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and collective citation.

2.

Interpretation.

3.

Establishment day.

4.

Repeals.

5.

Expenses.

PART II

Enterprise Ireland

6.

Establishment of Enterprise Ireland.

7.

Functions of Agency.

7A.

Power of Agency to make loans to certain industrial undertakings or bodies corporate.

7B.

Power of Agency to purchase shares etc.

7C.

Aggregate limit on investment aid.

7D.

Application of certain provisions of Part III of Act of 1986.

8.

Ministerial directives to Agency.

9.

Membership of Board of Agency and term of office of members.

10.

Chairperson of Board.

11.

Meeting of Board.

12.

Membership of either House of Oireachtas, European Parliament or local authority.

13.

Chief executive officer of Agency.

14.

Committees.

15.

Disclosure of interests.

16.

Disclosure of information.

17.

Seal of Agency.

18.

Staff of Agency and subsidiaries of Agency. (Repealed)

19.

Staff of Forfás seconded to Agency . (Repealed)

20.

Superannuation . (Repealed)

21.

Consultants and advisers.

22.

Annual report and accounts.

23.

Information to Minister and Forfás.

24.

Premises of Agency.

PART III

Dissolution of Forbairt and An Bord Tráchtála and Transitional Provisions

25.

Dissolution of Forbairt and An Bord Tráchtála.

26.

Transfer of assets and liabilities of Forbairt (other than in respect of the Legal Metrology Service) and An Bord Tráchtála.

27.

Transfer of assets and liabilities of Forbairt relating to Legal Metrology Service.

28.

Preservation of certain continuing contracts and adaptation of references to Forbairt (other than in respect of Legal Metrology Service) or An Bord Tráchtála.

29.

Preservation of certain continuing contracts relating to Legal Metrology Service.

30.

Saving for certain acts.

31.

Pending legal proceedings.

32.

Final accounts.

PART IV

Grants and Industrial Incentives

33.

Grants to Forfás, IDA and Enterprise Ireland.

34.

Industrial Incentives.

35.

Grants to Shannon Free Airport Development Co. Ltd.

PART V

Staff of Industrial Development Agency (Ireland)

36.

Staff of IDA and subsidiaries of IDA . (Repealed)

37.

Staff of Forfás seconded to IDA . (Repealed)

38.

Superannuation . (Repealed)

PART VI

Matters relating to Forfás and IDA.

39.

Transfer of staff of Bord Tráchtála to Forfás.

40.

Transfer of staff of Foras to Forfás.

41.

Disclosure of interests in relation to Forfás or IDA.

42.

Prosecution of summary offences.

PART VII

Amendment of Industrial Development Acts, 1986 to 1995

43.

Amendment of section 28 of Act of 1986.

44.

Amendment of “Agency” etc., in Act of 1993.

45.

Amendment of functions of Forfás.

46.

Committees of Forfás and IDA.

47.

Amendment of Schedules to Act of 1993.

48.

Amendment of Act of 1995.

PART VIII

Matters relating to the Legal Metrology Service and the National Standards Authority of Ireland

49.

Amendment of Metrology Act, 1996.

50.

Transfer of staff of Forfás to NSAI. (Repealed)

51.

Amendment of National Standards Authority of Ireland Act, 1996.

PART IX

Vacancies in staff of Forfás, Enterprise Ireland, IDA or NSAI

52.

Filling of vacancies in staff of Forfás, Enterprise Ireland, IDA or NSAI.

SCHEDULE

Enactments Repealed

Acts Referred to

Companies Acts, 1963 to 1990

European Parliament Elections Act, 1997

1997, No. 2

Industrial Development Act, 1986

1986, No. 9

Industrial Development Act, 1993

1993, No. 19

Industrial Development Act, 1995

1995, No. 28

Industrial Development Acts, 1986 to 1995

Industrial Development (Amendment) Act, 1991

1991, No. 30

Metrology Act, 1996

1996, No. 27

Metrology Acts, 1980 to 1996

National Standards Authority of Ireland Act, 1996

1996, No. 28

Shannon Free Airport Development Company Limited Acts, 1959 to 1995

Shannon Free Airport Development Company Limited (Amendment) Act, 1986

1986, No. 20


Number 34 of 1998


INDUSTRIAL DEVELOPMENT (ENTERPRISE IRELAND) ACT 1998

REVISED

Updated to 7 January 2020


AN ACT TO MAKE FURTHER PROVISION FOR THE DEVELOPMENT OF INDUSTRY, TRADE AND ENTERPRISE AND FOR THAT PURPOSE TO ESTABLISH AN AGENCY OF FORFÁS TO BE KNOWN AS ENTERPRISE IRELAND, TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE DISSOLUTION OF FORBAIRT AND AN BORD TRÁCHTÁLA — THE IRISH TRADE BOARD, TO AMEND THE INDUSTRIAL DEVELOPMENT ACTS, 1986 TO 1995, THE SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED (AMENDMENT) ACT, 1986, THE METROLOGY ACT, 1996, AND THE NATIONAL STANDARDS AUTHORITY OF IRELAND ACT, 1996, AND TO PROVIDE FOR RELATED MATTERS. [13th July, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: