National Treasury Management Agency (Amendment) Act 2014
Number 23 of 2014
NATIONAL TREASURY MANAGEMENT AGENCY (AMENDMENT) ACT 2014
REVISED
Updated to 18 July 2023
This Revised Act is an administrative consolidation of the National Treasury Management Agency (Amendment) Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the 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 Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 (23/2023), enacted 17 July 2023, and all statutory instruments up to and including the National Treasury Management Agency (Amendment) Act 2014 (Designated Body) (No. 2) Order 2023 (S.I. No. 381 of 2023), made 18 July 2023, were considered in the preparation of this Revised Act.
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 23 of 2014
NATIONAL TREASURY MANAGEMENT AGENCY (AMENDMENT) ACT 2014
REVISED
Updated to 18 July 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
National Treasury Management Agency Acts 1990 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Garda Síochána (Compensation) Act 2022 (33/2022), s. 1(3)). The Acts in this group are:
• National Treasury Management Agency Act 1990 (18/1990)
• National Treasury Management Agency (Amendment) Act 2000 (39/2000)
• National Treasury Management Agency (Amendment) Act 2014 (23/2014)
• Garda Síochána (Compensation) Act 2022 (33/2022), s. 31
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act 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 Act, 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
• Higher Education Authority Act 2022 (31/2022)
• Land Development Agency Act 2021 (26/2021)
• National Surplus (Reserve Fund for Exceptional Contingencies) Act 2019 (18/2019)
• Fossil Fuel Divestment Act 2018 (29/2018)
• Home Building Finance Ireland Act 2018 (28/2018)
• Finance (Miscellaneous Provisions) Act 2015 (37/2015)
All Acts up to and including Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 (23/2023), enacted 17 July 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• National Treasury Management Agency (Amendment) Act 2014 (Designated Body) (No. 2) Order 2023 (S.I. No. 381 of 2023)
• National Treasury Management Agency (Amendment) Act 2014 (Designated Body) Order 2023 (S.I. No. 360 of 2023)
• National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2023 (S.I. No. 262 of 2023)
• National Treasury Management Agency (Amendment) Act 2014 (State Authorities) Order 2023 (S.I. No. 236 of 2023)
• National Treasury Management Agency (Amendment) Act 2014 (Commencement) Order 2022 (S.I. No. 695 of 2022)
• National Treasury Management Agency (Amendment) Act 2014 (Section 29(2)) Order 2022 (S.I. No. 440 of 2022)
• National Treasury Management Agency (Amendment) Act 2014 (Section 29(1)) Order 2022(S.I. No. 439 of 2022)
• National Treasury Management Agency (Amendment) Act 2014 (Commencement) Order 2021 (S.I. No. 608 of 2021)
• National Treasury Management Agency (Amendment) Act 2014 (Designated Bodies) Order 2021 (S.I. No. 88 of 2021)
• National Treasury Management Agency (Amendment) Act 2014 (State Authority) (Office of the Planning Regulator) Order 2019 (S.I. No. 614 of 2019)
• National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019)
• National Treasury Management Agency (Delegation Of Claims For Costs Management Functions) (Amendment) Order 2019 (S.I. No. 405 of 2019)
• National Treasury Management Agency (Amendment) Act 2014 (State Authorities) (Amendment) Order 2019 (S.I. No. 350 of 2019)
• National Treasury Management Agency (Delegation of Claims for Costs Management Functions) Order 2018 (S.I. No. 191 of 2018)
• National Treasury Management Agency (Amendment) Act 2014 (Specified Sector) Order 2018 (S.I. No. 111 of 2018)
• National Treasury Management Agency (Amendment) Act 2014 (Designated Body) Order 2018 (S.I. No. 110 of 2018)
• National Treasury Management Agency (Delegation of Claims for Costs Management Functions) Order 2015 (S.I. No. 505 of 2015)
• National Treasury Management Agency (Amendment) Act 2014 (State Authorities) Order 2015 (S.I. No. 486 of 2015)
• National Treasury Management Agency (Amendment) Act 2014 (Commencement) Order 2015 (S.I. No. 22 of 2015)
• National Treasury Management Agency (Amendment) Act 2014 (Commencement)(No. 2) Order 2015 (S.I. No. 586 of 2014)
• National Treasury Management Agency (Amendment) Act 2014 (Commencement) Order 2015 (S.I. No. 414 of 2014)
All statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (Designated Body) (No. 2) Order 2023 (S.I. No. 381 of 2023), made 18 July 2023, were considered in the preparation of this revision.
Number 23 of 2014
NATIONAL TREASURY MANAGEMENT AGENCY (AMENDMENT) ACT 2014
REVISED
Updated to 18 July 2023
CONTENTS
Preliminary and General
Section
1. Short title, collective citation, construction and commencement
National Treasury Management Agency
12. Accountability of Chief Executive
13. Disqualification of members of staff
17. Disclosure of confidential information
State Assets and Investment
19. Financial and commercial advisory functions relating to designated bodies
20. Financial and commercial advisory functions relating to other bodies
21. Annual performance reports on designated bodies
Infrastructure Projects
26. Functions relating to projects
27. Policy directions and guidance
28. Obligation of State authority
29. Prescribing of State authority, etc.
30. Repayment of expenses of Agency
Claims Management
32. Claim for costs — definition
33. Additional functions of Agency
34. Delegation to Agency of claims for costs management function
35. Functions of Attorney General
36. Satisfaction of claims for costs
Ireland Strategic Investment Fund
38. Ireland Strategic Investment Fund
39. Investment policy for Fund
40. Investment strategy for Fund
42. Directions to make certain investment, etc.
43. Directions in relation to certain investments
44. Relevant acquisitions and relevant transfers
45. Certain persons not to be shadow directors
47. Payments from Fund to Exchequer
47A. Transfer of assets (including money) from Fund to meet exceptional contingencies
48. Expenses of Agency in relation to Fund
49. Report and information to Minister relating to operation of Fund
49A. Investment in Fossil Fuel Undertakings
Other Provisions
Dissolution of National Pensions Reserve Fund Commission
50. Dissolution of National Pensions Reserve Fund Commission
Dissolution of National Development Finance Agency
51. Dissolution of National Development Finance Agency
Dissolution of Committees
52. Dissolution of Advisory Committee
53. Dissolution of State Claims Policy Committee
Transitional provisions
Miscellaneous
56. Amendment of Schedule 5 (specified bodies) to Social Welfare Consolidation Act 2005
Amendments of Acts
Amendment of Finance Act 1970
Amendments of Ombudsman Act 1980
Amendments of National Treasury Management Agency Act 1990
Amendments of Taxes Consolidation Act 1997
Amendments of Stamp Duties Consolidation Act 1999
Amendments of National Treasury Management Agency (Amendment) Act 2000
Amendments of State Authorities (Public Private Partnership Arrangements) Act 2002
Amendment of Credit Institutions (Stabilisation) Act 2010
Amendments of Ministers and Secretaries (Amendment) Act 2011
Amendment of Education and Training Boards Act 2013
Amendments of Statutory Instruments
Amendments of Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004
Amendments of Official Languages Act 2003 (Public Bodies) Regulations 2006
Amendments of European Communities (Markets in Financial Instruments) Regulations 2007
Amendment of Return of Payments (Banks, Building Societies, Credit Unions and Savings Banks) Regulations 2008
Amendments of General Government Secured Borrowings Order 2011
Amendment of Return of Payments (Insurance Undertakings) Regulations 2011
State Authorities
Transitional Provisions
Introductory
Transfers on Fund Constitution Date
Foreign Property etc.: Interim Period
Transfers on Finance Agency Dissolution Date
Accounts and Reports
Other Provisions
Acts Referred to
Arbitration Act 2010 (No. 1)
Central Bank Act 1997 (No. 8)
Children Act 2001 (No. 24)
Commissions of Investigation Act 2004 (No. 23)
Companies Act 1963 (No. 33)
Companies Act 1990 (No. 33)
Companies Acts
Competition Act 2002 (No. 14)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Comptroller and Auditor General Acts 1866 to 1998
Credit Institutions (Stabilisation) Act 2010 (No. 36)
Education Act 1998 (No. 51)
Education and Training Boards Act 2013 (No. 11)
Ethics in Public Office Act 1995 (No. 22)
European Parliament Elections Act 1997 (No. 2)
Finance Act 1970 (No. 14)
Forestry Act 1988 (No. 26)
Harbours Acts 1946 to 2005
Interpretation Act 2005 (No. 23)
Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009 (No. 7)
Irish Takeover Panel Act 1997 (No. 5)
Local Government Act 2001 (No. 37)
Ministers and Secretaries (Amendment) Act 2011 (No. 10)
Ministers and Secretaries Act 1924 (No. 16)
National Development Finance Agency (Amendment) Act 2007 (No. 16)
National Development Finance Agency Act 2002 (No. 29)
National Pensions Reserve Fund Act 2000 (No. 33)
National Treasury Management Agency (Amendment) Act 2000 (No. 39)
National Treasury Management Agency Act 1990 (No. 18)
National Treasury Management Agency Acts 1990 and 2000
Ombudsman Act 1980 (No. 26)
Prisons Act 1970 (No. 11)
Prisons Act 1972 (No. 7)
Regional Technical Colleges Act 1992 (No. 16)
Social Welfare Consolidation Act 2005 (No. 26)
Stamp Duties Consolidation Act 1999 (No. 31)
State Authorities (Public Private Partnership Arrangements) Act 2002 (No. 1)
Taxes Consolidation Act 1997 (No. 39)
Tribunals of Inquiry (Evidence) (Amendment) Act 1979 (No. 3)
Universities Act 1997 (No. 24)
Number 23 of 2014
NATIONAL TREASURY MANAGEMENT AGENCY (AMENDMENT) ACT 2014
REVISED
Updated to 18 July 2023
An Act to provide for and in connection with the reconstitution of the National Treasury Management Agency; to confer on that Agency new functions relating to State bodies and assets and proposals for investment; to transfer to that Agency functions of the National Development Finance Agency relating to infrastructure; to provide for the delegation to, and conferral on, the National Treasury Management Agency of functions in relation to the management of certain claims for costs of a legal nature against, or in favour of, the State and certain related functions; to provide for the Ireland Strategic Investment Fund and the transfer to it of the assets and liabilities of the National Pensions Reserve Fund and to provide for its management by the National Treasury Management Agency; to provide for the dissolution of the National Pensions Reserve Fund Commission, the National Development Finance Agency and certain committees; for those and other purposes to amend the National Treasury Management Agency Act 1990, the National Treasury Management Agency (Amendment) Act 2000 and certain other enactments and to repeal the National Pensions Reserve Fund Act 2000, the National Development Finance Agency Act 2002 and certain other enactments; to amend the State Authorities (Public Private Partnership Arrangements) Act 2002 and the Social Welfare Consolidation Act 2005; and to provide for related purposes.
[26 th July, 2014]
Be it enacted by the Oireachtas as follows: