Credit Guarantee (Amendment) Act 2016
Number 1 of 2016
CREDIT GUARANTEE (AMENDMENT) ACT 2016
REVISED
Updated to 8 December 2022
This Revised Act is an administrative consolidation of the Credit Guarantee (Amendment) Act 2016. 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 Air Navigation and Transport Act 2022 (40/2022), enacted 7 December 2022, and all statutory instruments up to and including the Credit Guarantee (Amendment) Act 2022 (Commencement) Order 2022 (S.I. No. 642 of 2022), made 8 December 2022, 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 1 of 2016
CREDIT GUARANTEE (AMENDMENT) ACT 2016
REVISED
Updated to 8 December 2022
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
Credit Guarantee Acts 2012 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Credit Guarantee (Amendment) Act 2022 (38/2022), s. 8(2)). The Acts in this group are:
• Credit Guarantee Act 2012 (26/2012)
• Credit Guarantee (Amendment) Act 2016 (1/2016), Parts 1-3 (ss. 1-16)
• Credit Guarantee (Amendment) Act 2020 (5/2020)
• Credit Guarantee (Amendment) Act 2022 (38/2022), other than s. 7
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
• Credit Guarantee (Amendment) Act 2022 (38/2022)
• Credit Guarantee (Amendment) Act 2020 (5/2020)
All Acts up to and including Air Navigation and Transport Act 2022 (40/2022), enacted 7 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Counter Guarantee Scheme 2017 (S.I. No. 551 of 2017)
• Credit Guarantee (Amendment) Act 2016 (Commencement) Order 2016 (S.I. No. 504 of 2016)
All statutory instruments up to and including Credit Guarantee (Amendment) Act 2022 (Commencement) Order 2022 (S.I. No. 642 of 2022), made 8 December 2022, were considered in the preparation of this revision.
Number 1 of 2016
CREDIT GUARANTEE (AMENDMENT) ACT 2016
REVISED
Updated to 8 December 2022
CONTENTS
Preliminary and General
Section
1. Short title, commencement and collective citation
Amendment of Principal Act
3. Amendment of section 1 of Principal Act
4. Participating finance provider
5. Power of Minister to give guarantees
6. Amendment of section 5 of Principal Act
7. Payment of premium to Minister by participating enterprise
8. Withdrawal of guarantee by Minister
Counter Guarantees
11. Power of Minister to give counter guarantees
12. Monetary limit on Minister’s liability
14. Payment of premium to Minister by participating PFI
15. Review of counter guarantee scheme
Unrelated Miscellaneous Amendments to other Enactments
17. Amendment of section 101 of Employment Equality Act 1998
18. Amendment of section 34 of National Minimum Wage Act 2000
Acts Referred to
Companies Act 2014 (No. 38)
Credit Guarantee Act 2012 (No. 26)
Employment Equality Act 1998 (No. 21)
Employment Permits Act 2006 (No. 16)
National Minimum Wage Act 2000 (No. 5)
Taxes Consolidation Act 1997 (No. 39)
Unfair Dismissals Act 1977 (No. 10)
Workplace Relations Act 2015 (No. 16)
Number 1 of 2016
CREDIT GUARANTEE (AMENDMENT) ACT 2016
REVISED
Updated to 8 December 2022
An Act to amend and extend the Credit Guarantee Act 2012; to enable the Minister for Jobs, Enterprise and Innovation, pursuant to a counter guarantee scheme made by that Minister of the Government, to give counter guarantees to promotional financial institutions for guarantees given by the institutions to finance providers in respect of finance agreements entered into by the finance providers with qualifying enterprises; to place a yearly monetary limit on the potential liability of that Minister of the Government in respect of all credit guarantee schemes and counter guarantee schemes taken together; to amend the Employment Equality Act 1998, the National Minimum Wage Act 2000, the Workplace Relations Act 2015 and the Companies Act 2014; and to provide for matters connected therewith.
[8 th February, 2016]
Be it enacted by the Oireachtas as follows: