ÃdarÃ¡s na Gaeltachta Act, 1979
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —This Act may be cited as the ÃdarÃ¡s na Gaeltachta Act, 1979.
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paragraphs: —(1) In this Act—
“the appointed day” means the day appointed to be the appointed day for the purposes of Part II of this Act by order of the Minister;
“functions” includes powers and duties;
“the Gaeltacht” means the areas for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ;
“local authority” has the same meaning as in section 2 of the Local Government Act, 1941 ;
“the Minister” means the Minister for the Gaeltacht;
“an tÃdarÃ¡s” has the meaning specified in section 6 (1).
(2) In this Act a reference to performance of functions includes, with respect to powers, a reference to exercise of those powers.
(3) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
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paragraphs: —This Act shall come into operation on such day or days as may be fixed for that purpose by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions.
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paragraphs: —The Gaeltacht Industries Acts, 1957 to 1977, are hereby repealed.
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paragraphs: —Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —(1) There shall, by virtue of this section, be established on the appointed day a body which shall be known as ÃdarÃ¡s na Gaeltachta (and which is referred to in this Act as “an tÃdarÃ¡s”) to perform the functions assigned to it by or under this Act.
(2) An tÃdarÃ¡s shall consist of thirteen members, of whom the chairman and five other members shall be persons appointed by the Minister and of whom the remaining seven members shall be persons elected in accordance with Part IV of this Act.
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paragraphs: —(1) On and from the appointed day Gaeltarra Ãireann shall, by virtue of this section, be dissolved and the rights and liabilities which were conferred or imposed on Gaeltarra Ãireann by the Gaeltacht Industries Acts, 1957 to 1977, and the duties and liabilities imposed on it consequent on its designation as an approved body under section 4 of the Superannuation and Pensions Act, 1963 , shall, by virtue of this section, be transferred to an tÃdarÃ¡s.
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paragraphs: —(1) An tÃdarÃ¡s shall encourage the preservation and extension of the use of the Irish language as the principal medium of communication in the Gaeltacht and shall ensure that Irish is used to the greatest extent possible in the performance by it and on its behalf of its functions.
(2) An tÃdarÃ¡s shall, subject to section 10, carry on, control and manage (either directly or, in any particular case, through a body corporate controlled by an tÃdarÃ¡s) the industries and productive schemes of employment carried on, controlled or managed, directly or indirectly, by Gaeltarra Ãireann immediately before the appointed day.
(3) An tÃdarÃ¡s may, subject to section 10, provide, carry on, control and manage in the Gaeltacht (either directly or, in any particular case, through a body corporate controlled by an tÃdarÃ¡s) such industries and productive schemes of employment as it thinks fit other than those referred to in subsection (2).
(4) An tÃdarÃ¡s may, subject to section 10, expand and develop any industry or productive scheme of employment referred to in subsection (2) or (3).
(5) An tÃdarÃ¡s may, with the consent of the Minister, discontinue, either generally or in any particular place or district, any industry or productive scheme of employment referred to in subsection (2) or (3).
(6) For the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht an tÃdarÃ¡s shall have power in any particular case—
(a) to form a body corporate,
(b) to take part with other persons in the formation of a body corporate or in a partnership or otherwise, and
(c) subject to section 10, to purchase or take or sell shares in a body corporate.
(7) For the purposes of this section an tÃdarÃ¡s shall have power to acquire, receive on transfer, hold, sell, mortgage, lease, let, or otherwise dispose of land, buildings, markets, premises or plant and to erect, alter or maintain buildings, markets, premises or plant.
(8) An tÃdarÃ¡s shall have all such further powers as are necessary for the purposes of this section.
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paragraphs: —(1) For the purpose of promoting the linguistic, cultural, social, physical and economic development of the Gaeltacht an tÃdarÃ¡s shall have in addition to the functions specified in this Act apart from this section, such powers as are conferred on it by order made by the Government.
(2) An order under this section may—
(a) contain such incidental or consequential provisions as appear to the Government to be necessary, including modification of statutory provisions;
(b) impose conditions in relation to the exercise of any power which it confers;
(c) provide for payments by an tÃdarÃ¡s;
(d) confer on an tÃdarÃ¡s such local authority functions as it may specify;
(e) be amended or revoked by order made by the Government.
(3) Where an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.
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paragraphs: —(1) For the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht an tÃdarÃ¡s shall, subject to this section, have power to provide financial assistance (including the making of grants, the purchase of shares and the incurring of expenditure on buildings or otherwise) on such terms and subject to such conditions as it thinks proper.
(2) The Minister shall from time to time, after consultation with the Minister for Industry, Commerce and Energy and with the consent of the Minister for Finance, specify—
(a) a limit up to which an tÃdarÃ¡s may provide, in any particular case, financial assistance at its discretion, and
(b) a limit above which an tÃdarÃ¡s may provide, in any particular case, financial assistance with the prior approval of the Government.
(3) An tÃdarÃ¡s may, with the consent of the Minister given after consultation with the Minister for Industry, Commerce and Energy, provide, in any particular case, financial assistance between the limits specified under subsection (2).
(4) An tÃdarÃ¡s shall not provide financial assistance in any particular case where financial assistance has been provided by the Industrial Development Authority.
(5) An tÃdarÃ¡s may, in accordance with schemes authorised from time to time by the Minister after consultation with the Minister for Industry, Commerce and Energy and with the consent of the Minister for Finance,—
(a) make grants for purposes other than in respect of fixed assets or the training of workers, and
(b) guarantee the repayment of loans received by persons for whom an tÃdarÃ¡s has provided financial assistance.
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paragraphs: —The Minister may, with the consent of the Minister for Labour, arrange for the transfer to An Chomhairle OiliÃºna of some or all of the functions of an tÃdarÃ¡s in relation to the training (including re-training) of workers.
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paragraphs: —(1) An tÃdarÃ¡s shall appoint such and so many persons to be the staff of an tÃdarÃ¡s as an tÃdarÃ¡s from time to time thinks proper.
(2) A member of the staff of an tÃdarÃ¡s shall hold his employment on such terms and conditions as an tÃdarÃ¡s from time to time determines.
(3) There shall be paid by an tÃdarÃ¡s to the members of its staff such remuneration and allowances for expenses as an tÃdarÃ¡s thinks fit subject to, in the case of its chief officer (whether that officer is described as the Chief Officer or otherwise), the approval of the Minister given with the consent of the Minister for the Public Service.
(4) In determining the remuneration or allowances for expenses to be paid to the members of its staff or the terms or conditions subject to which the members of its staff hold or are to hold their employment, an tÃdarÃ¡s shall have regard either to Government or nationally-agreed guidelines for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and shall comply with any directive with regard to such remuneration, allowances, terms or conditions which the Minister may give from time to time to an tÃdarÃ¡s with the consent of the Minister for the Public Service.
(5) An tÃdarÃ¡s may at any time remove any member of the staff of an tÃdarÃ¡s from being a member of its staff.
(6) A person who immediately before the appointed day was an officer or servant of Gaeltarra Ãireann shall on the appointed day become and be a member of the staff of an tÃdarÃ¡s in such position as is, in the opinion of an tÃdarÃ¡s, similar to the position under Gaeltarra Ãireann held by that person immediately before the appointed day and on such terms and conditions as an tÃdarÃ¡s may from time to time determine and are not, in the opinion of an tÃdarÃ¡s, less favourable to that person than those that applied in relation to his employment with Gaeltarra Ãireann immediately before the appointed day.
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paragraphs: —(1) Subject to subsection (2), and to such conditions as may for the time being stand specified by the Minister with the consent of the Minister for the Public Service, an tÃdarÃ¡s may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by an tÃdarÃ¡s out of moneys at its disposal.
(2) A contract made by an tÃdarÃ¡s under this section shall not be for any period exceeding three years.
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paragraphs: —(1) An tÃdarÃ¡s may at any time prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, appropriate members of the staff of an tÃdarÃ¡s.
(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be carried out by an tÃdarÃ¡s in accordance with its terms.
(3) An tÃdarÃ¡s may at any time, with the approval of the Minister and the concurrence of the Minister for the Public Service, amend a scheme under this section.
(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to whom allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(5) If any dispute arises as to the claim of any person to, or the amount of, any allowance payable in pursuance of a scheme under this section, it shall be submitted to the Minister for determination by him, subject to the agreement of the Minster for the Public Service.
(6) No pension, gratuity, allowance or other payment shall be granted by an tÃdarÃ¡s nor shall any other arrangements be entered into by an tÃdarÃ¡s for the provision of a pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of the staff of an tÃdarÃ¡s, other than in accordance with a scheme approved under this section.
(7) Every scheme submitted and approved under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under the scheme.
(8) Any scheme approved under section 18 of the Gaeltacht Industries Act, 1957 , and in existence immediately before the appointed day shall be deemed to have been approved under this section.
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paragraphs: —(1) A person shall not, without the consent of an tÃdarÃ¡s, disclose any information obtained by him while performing duties as a member of an tÃdarÃ¡s, as a member of the staff of an tÃdarÃ¡s or as an adviser or consultant to an tÃdarÃ¡s.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.
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paragraphs: —(1) Where a member of the staff of an tÃdarÃ¡s is nominated as a member of Seanad Ãireann or for election to either House of the Oireachtas he shall stand seconded from employment by an tÃdarÃ¡s and shall not be paid by, or be entitled to receive from, an tÃdarÃ¡s any remuneration or allowance—
(a) in case he is nominated as a member of Seanad Ãireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,
(b) in case he is nominated for election to either such House, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate.
(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House shall, while so entitled, be disqualified from becoming a member of the staff of an tÃdarÃ¡s.
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paragraphs: —An tÃdarÃ¡s shall submit to the Minister in each year, not later than such date as he may appoint and in such form as he may require, an estimate of the financial requirements of an tÃdarÃ¡s for the following financial year, together with any other estimates which the Minister or the Minister for Finance may require.
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paragraphs: —(1) An tÃdarÃ¡s shall keep, in such form as may be approved by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet, and, in particular, shall keep in such approved form all such special accounts as the Minister, on his own motion or at the request of the Minister for Finance, may from time to time direct.
(2) Not later than four months after the expiration of the year to which they relate accounts kept under this section shall be submitted by an tÃdarÃ¡s to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister, who shall cause copies thereof to be laid before each House of the Oireachtas.
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paragraphs: —(1) An tÃdarÃ¡s shall submit to the Minister in each year, not later than such date as he may appoint, a report of its proceedings under this Act during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
(2) Whenever the Minister so directs, such annual report shall also include information on such particular aspects of the proceedings under this Act of an tÃdarÃ¡s as the Minister may specify.
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paragraphs: —An tÃdarÃ¡s shall provide the Minister with any information regarding the performance of its functions which he may require from time to time.
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paragraphs: —An tÃdarÃ¡s may accept gifts of money, land or other property on such trusts and conditions (if any) as may be specified by the donor, but shall not accept a gift if any such condition is inconsistent with the functions of an tÃdarÃ¡s.
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paragraphs: —There may be paid to an tÃdarÃ¡s in each year, out of moneys provided by the Oireachtas, grants of such amounts as the Minister,with the concurrence of the Minister for Finance, may sanction to enable an tÃdarÃ¡s to meet its administrative and general expenses and to pay grants under this Act.
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paragraphs: —(1) For the purpose of enabling an tÃdarÃ¡s to perform its functions the Minister for Finance may, on the recommendation of the Minister, advance from time to time to an tÃdarÃ¡s out of the Central Fund or the growing produce thereof such sums as an tÃdarÃ¡s may from time to time request.
(2) (a) The Minister for Finance may from time to time determine the terms as to repayment, interest and other matters in relation to advances made to an tÃdarÃ¡s or Gaeltarra Ãireann.
(b) Any advance made to Gaeltarra Ãireann before the 1st day of April, 1965, shall be deemed to have ceased on that date to be repayable.
(c) Any advance made to Gaeltarra Ãireann after the 1st day of April, 1965, and any advance made to an tÃdarÃ¡s shall not be repayable (nor shall interest be payable thereon) until such date as the Minister for Finance, after consultation with the Minister, shall determine.
(3) All sums paid by an tÃdarÃ¡s in repayment of an advance or in pursuance of any term determined in relation to an advance shall be paid into or disposed of for the benefit of the Exchequer.
(4) The aggregate at any one time of sums advanced under this section and not repaid shall not exceed £50,000,000.
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paragraphs: —An tÃdarÃ¡s may, with the consent of the Minister given with the concurrence of the Minister for Finance, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for its expenditure.
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paragraphs: —No stamp duty shall be payable on any instrument under which any property is acquired by an tÃdarÃ¡s and, for the purpose of this section, “property” includes interests and rights of any description.
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paragraphs: —(1) Where—
(a) premises for an industrial undertaking are erected, enlarged or improved, and
(b) an tÃdarÃ¡s certifies that the erection, enlargement or improvement was carried out by an tÃdarÃ¡s or Gaeltarra Ãireann or was the subject of financial assistance by an tÃdarÃ¡s or Gaeltarra Ãireann,
a local authority may, if they think fit, remit—
(i) two-thirds of a rate leviable by them in respect of any premises so erected, or
(ii) two-thirds of any additional rate leviable by them in respect of any such enlargement or improvement.
(2) A remission under this section shall, subject to subsection (3), have effect in respect of the local financial year next following that in which the erection, enlargement or improvement was completed and in respect of each of the next nine local financial years.
(3) If, in any local financial year, an tÃdarÃ¡s certifies that the undertaking has failed to observe the terms upon which financial assistance was provided, a remission under this section shall not have effect in respect of that local financial year.
(4) A remission under this section shall not be granted more than once in respect of the same erection, enlargement or improvement.
(5) Where premises are not separately valued under the Valuation Acts, the Commissioner of Valuation may, on the application of an tÃdarÃ¡s, apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the premises are comprised.
(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.
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paragraphs: —In this Part—
“election”, save where the context otherwise requires, means an election under this Part;
“returning officer” means a person who under section 32 is a returning officer for the purposes of this Part.
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paragraphs: —(1) Subject to their being held at intervals which are neither less than four years nor more than five years, elections shall be held from time to time as may be prescribed by regulations made by the Minister.
(2) Where an election is contested the poll shall be taken by secret ballot and on the principle of proportional representation by means of the single transferable vote.
(3) The costs and expenses incurred at an election by or on behalf of a returning officer shall be borne by the Minister out of moneys provided by the Oireachtas.
(4) (a) The Minister shall by direction provide for the manner in which the costs of elections are to be paid.
(b) A direction under this subsection may, in particular and without prejudice to the generality of paragraph (a), make provision for all or any of the following matters—
(i) the way and period in or during which a returning officer shall present his accounts,
(ii) the way and period in or during which a person having a claim by virtue of this section shall present the claim,
(iii) adjudication of disputes.
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paragraphs: —(1) Each of the following areas shall be a constituency for the purpose of this Part :—
(a) the area comprising those parts of the Gaeltacht situated in the county of Donegal,
(b) the area comprising those parts of the Gaeltacht situated in the counties of Galway, Mayo and Meath, and
(c) the area comprising those parts of the Gaeltacht situated in the counties of Kerry, Cork and Waterford.
(2) (a) The constituency specified in subsection (1) (a) shall return two persons in an election.
(b) The constituency specified in subsection (1) (b) shall return three persons in an election.
(c) The constituency specified in subsection (1) (c) shall return two persons in an election.
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paragraphs: —A person shall not be eligible for election to an tÃdarÃ¡s unless on the relevant polling day he has attained the age of eighteen years.
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paragraphs: —(1) Where in respect of a constituency specified in section 29 an election is contested, every person shall be entitled to vote at the election who, if the constituency were a local electoral area and the election were a local election held by reference thereto, would be entitled to vote at that local election.
(2) No person other than a person mentioned in subsection (1) shall be entitled to vote at an election.
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paragraphs: —(1) For the purposes of this Part the Minister shall, in respect of each constituency specified in section 29, appoint a fit and proper person to be the returning officer, and it shall be the general duty of the returning officer to do all such acts and things as may be necessary for effectually conducting an election in his constituency, to ascertain and declare the results of that election and to furnish to the Minister a return of the persons elected for that constituency.
(2) (a) The returning officer may perform any of his functions as returning officer through or by any other person or persons duly authorised by him in writing for that purpose.
(b) The returning officer may appoint in writing one or more persons to be deputy returning officer or officers and may delegate to any such deputy such of the functions of the returning officer as may be specified in the appointment.
(3) The returning officer, any deputy returning officer or any person employed by the returning officer or a deputy returning officer shall not be entitled to be nominated as, or to nominate, a candidate at an election.
(4) The returning officer, any deputy returning officer or any person employed by the returning officer or a deputy returning officer shall not act as agent for any candidate in an election or further the candidature of such a candidate.
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paragraphs: —(1) The Minister may make regulations for the purpose of giving effect to this Part.
(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), make provision for all or any of the following matters in relation to elections :—
(i) nominations,
(ii) deposits by candidates,
(iii) procedure when no candidate stands nominated in a constituency,
(iv) procedure where the number of persons nominated for a constituency is less than the number of members which that constituency is entitled to return,
(v) death of a candidate,
(vi) duties and staff of a returning officer and of any deputy returning officer,
(vii) the form of the ballot paper to be used,
(viii) the taking of a poll and the counting of votes,
(ix) the maintenance of secrecy of voting,
(x) the custody of ballot papers and the manner of their disposal,
(xi) the designation of polling districts and polling places,
(xii) the use (free of charge) of schools and public rooms,
(xiii) arrangements for postal voting,
(xiv) polling on islands,
(xv) the use of local authority ballot boxes and other election equipment,
(xvi) interference with ballot boxes or ballot papers,
(xvii) removal of persons misconducting themselves in polling stations,
(xviii) the issue of polling cards,
(xix) the use of registers of electors prepared for the purpose of local elections and the compilation from such registers of registers which shall be the registers of electors for an tÃdarÃ¡s.
(3) Regulations under this section—
(a) may apply to an election such statutory provisions relating to local elections as may be specified and may make such modifications or adaptations of such provisions as may be necessary, and
(b) may create electoral offences and prescribe penalties for them, such penalties not to exceed those applying to corresponding offences in relation to local elections.
(4) Where regulations under this section are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each House.