National Treasury Management Agency (Amendment) Act 2014

18

Introductory

18. (1) When performing functions under or for the purposes of this Part the Agency may describe itself as the New Economy and Recovery Authority (or “NewERA”).

(2) In this Part—

“designated body” means—

(a) the Electricity Supply Board,

(b) Ervia,

(c) Bord na Móna plc,

(d) Coillte Teoranta (being a company formed and registered under the Companies Acts as provided for by section 9 of the Forestry Act 1988),

(e) EirGrid plc,

(f) Irish Water,

(g) any other State body which is specified in an order under subsection (3), and

(h) a subsidiary (within the meaning of the Companies Acts) of a designated body referred to in any of paragraphs (a) to (g) or any company in which such a designated body has an interest;

“relevant Minister”, in relation to a designated body, means any Minister of the Government who—

(a) holds shares in,

(b) has general responsibility for, or

(c) has any function in relation to,

the designated body;

“shares” includes stock;

“State body” means a body established by or under an enactment and which is controlled, directly or indirectly, by a Minister of the Government.

(3) The Minister may, following consultation with the Agency and with the Minister for Public Expenditure and Reform and any other Minister of the Government who holds shares in, has general responsibility for or has any function in relation to a State body, by order provide that the State body shall be a designated body for the purposes of this Part if the Minister considers that it is in the financial interests of the State to do so.

(4) Where a designated body is dissolved, restructured or amalgamated with another body, the Minister may, following consultation with the Agency and with the Minister for Public Expenditure and Reform and any other Minister of the Government who holds (or held) shares in, has (or had) general responsibility for or has (or had) any function in relation to the designated body, by order provide that it shall cease to be a designated body.

Annotations

Modifications (not altering text):

C1

Prospective affecting provision: functions transferred and references to "Ervia" construed by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), ss. 6, 11, not commenced as of date of revision.

Transfer day

6. (1) The Minister shall by order appoint a day to be the transfer day for the purposes of this Act.

(2) On and from the transfer day Ervia (in this Act referred to as the “dissolved body”) shall stand dissolved.

...

Transfer of functions

11. (1) On the transfer day, all functions that, immediately before the transfer day, were vested in the dissolved body shall stand vested in Gas Networks Ireland.

(2) References in any enactment (other than this Act) or other document to the dissolved body, to the extent that such references relate to functions, assets, rights or liabilities that are vested in, or transferred to, Gas Networks Ireland by this Act shall, on and from the transfer day, be construed as references to Gas Networks Ireland.

(3) The administration and business in connection with the performance of the functions vested in Gas Networks Ireland by virtue of subsection (1) are on the transfer day transferred to Gas Networks Ireland.

(4) References in any enactment (other than this Act) to the dissolved body, to the extent that such references relate to the administration and business transferred by subsection (3) shall, on and from the transfer day, be construed as references to Gas Networks Ireland.

Editorial Notes:

E7

Power pursuant to subs. (3) exercised (23.01.2024) by National Treasury Management Agency (Amendment) Act 2014 (Designated Body) Order 2024 (S.I. No. 26 of 2024).

E8

Power pursuant to subs. (3) exercised (27.09.2023) by National Treasury Management Agency (Amendment) Act 2014 (Designated Body) (No. 3) Order 2023 (S.I. No. 479 of 2023).

E9

Power pursuant to subs. (3) exercised (18.07.2023) by National Treasury Management Agency (Amendment) Act 2014 (Designated Body) (No. 2) Order 2023 (S.I. No. 381 of 2023).

E10

Power pursuant to subs. (3) exercised (11.07.2023) by National Treasury Management Agency (Amendment) Act 2014 (Designated Body) Order 2023 (S.I. No. 360 of 2023).

E11

Power pursuant to subs. (3) exercised (18.02.2021) by National Treasury Management Agency (Amendment) Act 2014 (Designated Bodies) Order 2021 (S.I. No. 88 of 2021).

E12

Power pursuant to subs. (3) exercised (29.03.2018) by National Treasury Management Agency (Amendment) Act 2014 (Designated Body) Order 2018 (S.I. No. 110 of 2018).