Industrial Development (ForfÃ¡s Dissolution) Act 2014
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: (1) This Act may be cited as the Industrial Development (ForfÃ¡s Dissolution) Act 2014.
(2) This Act other than Part 7 shall be included in the collective citation “Industrial Development Acts 1986 to 2014”.
(3) Part 7 and the Safety, Health and Welfare at Work Acts 2005 and 2010 may be cited together as the Safety, Health and Welfare at Work Acts 2005 to 2014.
(4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or provisions.
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paragraphs: In this Act—
“Act of 1987” means the Science and Technology Act 1987 ;
“Act of 1993” means the Industrial Development Act 1993 ;
“Act of 1995” means the Industrial Development Act 1995 ;
“Act of 1996” means the National Standards Authority of Ireland Act 1996;
“Act of 1997” means the European Parliament Elections Act 1997 ;
“Act of 1998” means the Industrial Development (Enterprise Ireland) Act 1998 ;
“Act of 2003” save where otherwise appears, means the Industrial Development (Science Foundation Ireland) Act 2003 ;
“Act of 2005” means the Safety, Health and Welfare at Work Act 2005 ;
“Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ;
“Act of 2013” means the Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 ;
“dissolved body” shall be construed in accordance with section 16 ;
“dissolution day” means the day appointed as the dissolution day under section 16 ;
“IDA” means the Industrial Development Agency (Ireland);
“Minister” means the Minister for Jobs, Enterprise and Innovation;
“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees;
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.
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paragraphs: The expenses incurred by the Minister in the administration of this Act shall, to such an extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
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paragraphs: Section 11 (1) of the Metrology Act 1996 is repealed.
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paragraphs: (1) Enterprise Ireland may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of Enterprise Ireland as it may from time to time determine.
(2) A subsidiary may, with the consent of Enterprise Ireland and the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the subsidiary as it may from time to time determine.
(3) The terms and conditions of service of a member of staff of Enterprise Ireland and of a subsidiary shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by Enterprise Ireland.
(4) Where a member of staff of Enterprise Ireland or a member of staff of a subsidiary is—
(a) nominated as a member of Seanad Ãireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or
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paragraphs: (1)(a) Subject to paragraph (b), every person seconded from ForfÃ¡s under paragraph 2(2) of the Second Schedule to the Act of 1993 to Enterprise Ireland who is on secondment to Enterprise Ireland immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of Enterprise Ireland.
(b) Every person who is—
(i) a fixed-term employee of ForfÃ¡s,
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paragraphs: (1) Subject to subsection (2), Enterprise Ireland shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—
(a) persons referred to in section 6 (1), and
(b) such other members of its staff (including the chief executive) as it considers appropriate.
(2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.
(3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(4) Enterprise Ireland may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.
(5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by Enterprise Ireland in accordance with its terms.
(6) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.
(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.
(7) A superannuation benefit shall not be granted by Enterprise Ireland to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.
(8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person—
(a) referred to in section 6 (1), and
(b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012,
provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person.
(9) Any period of service by a person as a member of the staff of ForfÃ¡s which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of ForfÃ¡s shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).
(10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect of, a person referred to in section 6 (1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by Enterprise Ireland in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with Enterprise Ireland shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by Enterprise Ireland.
(11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
(12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.
(13) In this section “chief executive” means the chief executive officer of Enterprise Ireland appointed under section 13 of the Act of 1998.
(14) Section 20 of the Act of 1998 is repealed.
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paragraphs: (1) IDA may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of IDA as it may from time to time determine.
(2) A subsidiary may, with the consent of IDA and the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the subsidiary as it may from time to time determine.
(3) The terms and conditions of service of a member of staff of IDA and of a subsidiary shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by IDA.
(4) Where a member of staff of IDA or a member of staff of a subsidiary is—
(a) nominated as a member of Seanad Ãireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or
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paragraphs: (1)(a) Subject to paragraph (b), every person seconded from ForfÃ¡s under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA who is on secondment to IDA immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of IDA.
(b) Every person who is—
(i) a fixed term employee of ForfÃ¡s,
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paragraphs: (1) Subject to subsection (2), IDA shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—
(a) persons referred to in section 9 (1), and
(b) such other members of its staff (including the chief executive) as it considers appropriate.
(2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.
(3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(4) IDA may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.
(5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by IDA in accordance with its terms.
(6)(a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.
(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.
(7) A superannuation benefit shall not be granted by IDA to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.
(8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person—
(a) referred to in section 9 (1), and
(b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012,
provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person.
(9) Any period of service by a person as a member of the staff of ForfÃ¡s which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of ForfÃ¡s shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).
(10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect of, a person referred to in section 9 (1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by IDA in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with IDA shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by IDA.
(11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
(12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.
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paragraphs: (1) Science Foundation Ireland may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of Science Foundation Ireland as it may from time to time determine.
(2) The terms and conditions of service of a member of staff of Science Foundation Ireland shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by Science Foundation Ireland.
(3) Where a member of the staff of Science Foundation Ireland is—
(a) nominated as a member of Seanad Ãireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or
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paragraphs: (1)(a) Subject to paragraph (b),every person seconded from ForfÃ¡s under paragraph 2(2) of the Second Schedule to the Act of 1993 to Science Foundation Ireland who is on secondment to Science Foundation Ireland immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of Science Foundation Ireland.
(b) Every person who is—
(i) a fixed term employee of ForfÃ¡s,
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paragraphs: (1) Subject to subsection (2), Science Foundation Ireland shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—
(a) persons referred to in section 12 (1), and
(b) such other members of its staff (including the Director General) as it considers appropriate.
(2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.
(3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(4) Science Foundation Ireland may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.
(5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by Science Foundation Ireland in accordance with its terms.
(6)(a) If any dispute arises to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.
(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.
(7) A superannuation benefit shall not be granted by Science Foundation Ireland to or in respect of any of its staff (including the Director General) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.
(8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person—
(a) referred to in section 12 (1), and
(b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012,
provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person.
(9) Any period of service by a person as a member of the staff of ForfÃ¡s which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of ForfÃ¡s shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).
(10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect, of a person referred to in section 12 (1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by Science Foundation Ireland in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with Science Foundation Ireland shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by Science Foundation Ireland.
(11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
(12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.
(13) In this section “Director General” means the chief officer of Science Foundation Ireland appointed under section 13 of the Act of 2003.
(14) Section 21 of the Act of 2003 is repealed.
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paragraphs: (1)(a) Every person seconded from ForfÃ¡s under paragraph 2(2) of the Second Schedule to the Act of 1993 to the National Standards Authority of Ireland (in this section referred to as the “NSAI”) who is on secondment to the NSAI immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of the NSAI.
(b) Every person who is a member of staff of ForfÃ¡s who immediately before the coming into operation of this section discharges his or her functions in accordance with the directions of the NSAI under section 38 of the Act of 1996 shall, on that coming into operation, become and be a member of staff of the NSAI.
(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section.
(3) In relation to a person referred to in subsection (1), previous service with ForfÃ¡s shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:
(a) the Redundancy Payments Acts 1967 to 2012;
(b) the Protection of Employees (Part-Time Work) Act 2001 ;
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;
(d) the Organisation of Working Time Act 1997 ;
(e) the Terms of Employment (Information) Acts 1994 to 2012;
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(g) the Unfair Dismissals Acts 1977 to 2007;
(h) the Maternity Protection Acts 1994 and 2004;
(i) the Parental Leave Acts 1998 and 2006;
(j) the Adoptive Leave Acts 1995 and 2005;
(k) the Carer’s Leave Act 2001.
(4) Subject to subsection (5), the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, a person referred to in subsection (1) shall continue to apply to, or in respect of, that person after the coming into operation of this section.
(5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
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paragraphs: In this Part, “relevant person”, in relation to a function transferred under—
(a) subsection (1) of section 18 , means Enterprise Ireland and IDA,
(b) subsection (3) of section 18 , means IDA, and
(c) section 19 , means the Minister.
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paragraphs: (1) On the dissolution day ForfÃ¡s (in this Act referred to as the “dissolved body”) shall stand dissolved.
(2) The Minister may, by order, appoint a day to be the dissolution day for the purposes of this Act.
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paragraphs: On and after the dissolution day, a reference in any enactment to Enterprise Ireland, IDA or Science Foundation Ireland as an agency of ForfÃ¡s shall be construed as a reference to Enterprise Ireland, IDA or Science Foundation Ireland as appropriate.
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paragraphs: (1) The functions specified in the Schedule are transferred to Enterprise Ireland and IDA.
(2) The functions transferred under subsection (1) may be performed—
(a) by either Enterprise Ireland or IDA, or
(b) jointly by both Enterprise Ireland and IDA.
(3) The functions specified in paragraph (c) of subsection (1) of section 8 of the Act of 1987 are transferred to IDA.
(4) A function transferred under subsection (1) shall be performed by Enterprise Ireland or IDA, or both, as the case may be, in accordance with such directions (if any) as may be issued by the Minister from time to time.
(5) A function transferred under subsection (3) shall be performed by IDA in accordance with such directions (if any) as may be issued by the Minister from time to time.
(6) Any assignment of powers and functions under section 9 of the Act of 1993 to Enterprise Ireland or IDA in force immediately before the coming into operation of this section shall cease to have effect on that coming into operation.
(7) Subsection (3) of section 3 of the Act of 1995 is repealed.
(8) This section shall come into operation on the dissolution day.
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paragraphs: (1) Subject to section 18 and section 33A (inserted by section 29 ) of the Act of 2005, the functions of ForfÃ¡s are transferred to the Minister.
(2) This section shall come into operation on the dissolution day.
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paragraphs: (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the dissolved body transferred to a relevant person under this Act shall, on and after that day, lie against that relevant person and not against the dissolved body.
(2) Any legal proceedings pending immediately before the dissolution day to which the dissolved body is a party, that relate to a function transferred to a relevant person under this Act, shall be continued, with the substitution in the proceedings of the name of that relevant person, in so far as they so relate, for the dissolved body.
(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the dissolved body, be enforceable against the relevant person and not the dissolved body.
(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on or after that day, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister.
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paragraphs: (1) Subject to section 56B (inserted by section 32 ) of the Act of 2005, on the dissolution day, all property (other than land), including choses-in-action, that immediately before that day was vested in the dissolved body shall stand vested in the Minister without any assignment.
(2) Every chose-in-action vested in the Minister by virtue of subsection (1) may, on and from the dissolution day, be sued on, recovered or enforced by the Minister in his or her own name, and it shall not be necessary for the Minister to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
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paragraphs: (1) Subject to section 56C (inserted by section 32 ) of the Act of 2005, all rights and liabilities of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to the Minister.
(2) Every right and liability transferred by subsection (1) to the Minister may, on and after the dissolution day, be sued on, recovered or enforced by or against the Minister in his or her own name, and it shall not be necessary for the Minister, or the dissolved body, to give notice to the person whose right or liability is transferred by that subsection of such transfer.
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paragraphs: (1) Anything commenced but not completed before the dissolution day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to a relevant person under this Act, be carried on or completed on or after the dissolution day by that relevant person.
(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred to a relevant person under this Part, shall, if and in so far as it was operative immediately before the dissolution day, have effect on or after that day as if it had been granted or made by that relevant person.
(3) References to ForfÃ¡s in the memorandum or articles of association of any company and relating to a function transferred to a relevant person under this Part shall, on and after the dissolution day, be construed as a reference to that relevant person.
(4) Any money, stocks, shares or securities transferred to the Minister by section 21 that immediately before the dissolution day were standing in the name of the dissolved body shall, on the request of the Minister, be transferred into the name of the Minister.
(5) A certificate signed by the Minister for Public Expenditure and Reform that any property, right or liability has or, as the case may be, has not vested in the Minister under section 21 or section 22 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.
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paragraphs: (1)(a) Subject to paragraph (b), every person who immediately before the dissolution day is a member of staff of ForfÃ¡s shall on such day hold an unestablished position in the Civil Service.
(b) Every person who, immediately before the dissolution day is a fixed-term employee of ForfÃ¡s shall, on such day, hold an unestablished position as a fixed-term employee of the Minister for the duration of his or her contract of employment.
(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall on the dissolution day be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before that day.
(3) In relation a person referred to in subsection (1), previous service with ForfÃ¡s shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:
(a) the Redundancy Payments Acts 1967 to 2012;
(b) the Protection of Employees (Part-Time Work) Act 2001 ;
(c) the Act of 2003;
(d) the Organisation of Working Time Act 1997 ;
(e) the Terms of Employment (Information) Acts 1994 to 2012;
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(g) the Unfair Dismissals Acts 1977 to 2007;
(h) the Maternity Protection Acts 1994 and 2004;
(i) the Parental Leave Acts 1998 and 2006;
(j) the Adoptive Leave Acts 1995 and 2005;
(k) the Carer’s Leave Act 2001 .
(4) Subject to subsection (5), the provisions of a scheme or arrangement in relation to superannuation that immediately before the dissolution day apply to, or in respect of, a person referred to in subsection (1) shall continue to apply to, or in respect of, that person after the dissolution day.
(5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
(6) Where the provisions of a scheme or arrangement referred to in subsection (4) provide for the exercise of a discretion, the Minister for Public Expenditure and Reform shall, on and after the coming into operation of this section, exercise that discretion.
(7) The pension payments and other superannuation liabilities of ForfÃ¡s in respect of every person referred to in subsection (1) shall, on the dissolution day, become liabilities of the Minister for Public Expenditure and Reform.
(8) A person referred to in subsection (1) shall undertake such duties as the Minister may from time to time direct.
(9) A person referred to in subsection (1) shall be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 and 2001.
(10) In this section—
“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003 ;
“Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004 ;
“Civil Service” has the meaning assigned to it by the Act of 2004;
“contract of employment” has the meaning assigned to it by the Act of 2003;
“fixed-term employee” has the meaning assigned to it by the Act of 2003;
“unestablished position” has the meaning assigned to it by the Act of 2004.
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paragraphs: (1) Subject to subsection (2), every scheme or arrangement in relation to superannuation administered by the dissolved body immediately prior to the dissolution day shall, on and after the dissolution day, continue in force as if made by the Minister.
(2) Subsection (1) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
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paragraphs: (1) The Minister may, for the purposes of this section, designate in writing a superannuation scheme or arrangement (in this section referred to as a “designated scheme or arrangement”) referred to in—
(a) section 25 , or
(b) subsection (5) (c) of section 12 of the County Enterprise Boards (Dissolution) Act 2014 .
(2) The Minister may require a relevant body to carry out, on his or her behalf, such pension administration services as the Minister may specify in writing in relation to a designated scheme or arrangement.
(3) A relevant body shall, when required by the Minister to do so, carry out such pension administration services as the Minister specifies in writing under subsection (2) in relation to a designated scheme or arrangement.
(4) The Minister may give directions in writing to a relevant body in relation to any pension administration service specified by him or her under subsection (2).
(5) A relevant body shall comply with any directions given by the Minister under subsection (4).
(6) Where the Minister requires a relevant body to carry out the pension administration service specified in paragraph (b) of subsection (8) in relation to a designated scheme or arrangement, the Minister shall, with the consent of the Minister for Public Expenditure and Reform, out of monies provided by the Oireachtas, provide the relevant body with a sum of money equal to the total amount of the benefits due under that paragraph to enable that body to make such payment.
(7) A relevant body shall provide such information to the Minister, relating to pension administration services which the body carries out under subsection (3), as the Minister may from time to time require.
(8) In this section—
“pension administration service” means, in relation to a designated scheme or arrangement—
(a) calculation of any superannuation benefit payable to, or in respect of, any member of that scheme or arrangement,
(b) payment on behalf of the Minister of any superannuation benefit due to, or in respect of, any member of that scheme or arrangement to the member or other person concerned,
(c) maintenance of records relating to, or in respect of, members of that scheme or arrangement, or
(d) such other service as may be specified in writing by the Minister for the purposes of administering that scheme or arrangement on his or her behalf;
“relevant body” means—
(a) Enterprise Ireland,
(b) IDA,
(c) Science Foundation Ireland, or
(d) the National Standards Authority of Ireland.
num: 27
paragraphs: (1) As soon as may be after the dissolution day, but not later than one year thereafter, the Minister shall cause to be prepared final accounts of the dissolved body in respect of the period specified under subsection (3).
(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.
(3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the dissolved body.
(4) The Minister shall cause to be prepared the final annual report for the dissolved body not later than 6 months after the dissolution day and the Minister shall, as soon as may be after the report is prepared, cause copies of that report to be laid before each House of the Oireachtas.
num: 28
paragraphs: Section 2 of the Act of 2005 is amended by inserting the following definitions in subsection (1):
‘accreditation’ means attestation that a conformity assessment body meets the requirements—
(a) of a harmonised standard and, where applicable, any additional requirements in accordance with the Accreditation Regulation, or
(b) of a non-harmonised international standard,
to carry out a specific conformity assessment activity;
‘Accreditation Board’ shall be construed in accordance with section 56A;
‘Accreditation Regulation’ means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 20081 ;
‘Act of 1993’ means the Industrial Development Act 1993 ;
‘Appeals Board’ means an Appeals Board established under section 56G;
‘conformity assessment’ means the process demonstrating whether specified requirements relating to a product, process, service, system or person have been fulfilled;
‘conformity assessment body’ means a person who performs conformity assessment activities, including calibration, testing, certification and inspection;
‘harmonised standard’ has the same meaning as it has in the Accreditation Regulation;
‘Manager of the Accreditation Board’ shall be construed in accordance with section 56A(6) ;”.
1OJ No. L 218, 13.8.2008, p.30.
num: 29
paragraphs: The Act of 2005 is amended by inserting the following section after section 33:
“Transfer of accreditation from ForfÃ¡s
33A. The powers and functions vested in ForfÃ¡s by section 9 of the Act of 1993, in so far as they are for the purposes of and relate to accreditation, are transferred to the Authority.”.
num: 30
paragraphs: Section 34 of the Act of 2005 is amended—
(a) in subsection (1), by—
(i) inserting the following paragraph after paragraph (dd):
“(de) in relation to accreditation—
(i) to carry out accreditation in accordance with—
(I) the powers and functions transferred to it by section 33A (inserted by section 29 of the Industrial Development (ForfÃ¡s Dissolution) Act 2014), and
(II) the Accreditation Regulation,
(ii) to establish such procedures for the operation of accreditation as it considers appropriate including procedures for monitoring, inspecting and auditing conformity assessment bodies, and
(iii) to make any arrangements that it considers appropriate for providing information and advice on matters relating to accreditation,”,
and
(ii) substituting the following paragraph for paragraph (k):
“(k) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to in paragraph (de) (inserted by section 30 of the Industrial Development (ForfÃ¡s Dissolution) Act 2014), that the Minister may from time to time give to the Authority,”,
and
(b) by inserting the following subsection after subsection (2):
“(2A) The functions of the Authority referred to in paragraph (de) (inserted by section 30 of the Industrial Development (ForfÃ¡s Dissolution) Act 2014) of subsection (1) are delegated to the Accreditation Board and subject to this Act, shall be performed on behalf of the Authority by the Accreditation Board.”.
num: 31
paragraphs: The Act of 2005 is amended by inserting the following section after section 54:
“Transfer of certain members of staff of ForfÃ¡s to Authority
54A. (1) The Minister may designate in writing such and so many members of the staff of ForfÃ¡s as he or she decides to be transferred to the Authority from such date as may be specified in the designation (in this section referred to as “the effective date”).
(2) A member of staff of ForfÃ¡s designated in accordance with subsection (1) shall become and be a member of staff of the Authority from the effective date.
(3) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person transferred by virtue of a designation under subsection (1) to the staff of the Authority shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the effective date.
(4) In relation to a person transferred to the Authority in accordance with subsection (1), previous service with ForfÃ¡s shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:
(a) the Redundancy Payments Acts 1967 to 2012;
(b) the Protection of Employees (Part-Time Work) Act 2001 ;
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;
(d) the Organisation of Working Time Act 1997 ;
(e) the Terms of Employment (Information) Acts 1994 to 2012;
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(g) the Unfair Dismissals Acts 1977 to 2007;
(h) the Maternity Protection Acts 1994 and 2004;
(i) the Parental Leave Acts 1998 and 2006;
(j) the Adoptive Leave Acts 1995 and 2005;
(k) the Carer’s Leave Act 2001.
(5) Subject to subsection (6), the provisions of a scheme or arrangement in relation to superannuation that immediately before the effective date apply to, or in respect of, a person transferred to the Authority in accordance with subsection (1) shall continue to apply to, or in respect of, that person on and after the effective date.
(6) Subsection (5) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.
(7) Every person transferred to the Authority in accordance with subsection (1), to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, shall on the effective date become a member of the superannuation scheme of the Authority made under section 56 which scheme shall, in relation to such persons, be deemed to stand amended in such respects as are necessary to take account of any provisions that apply to, or in respect of, that person by virtue of subsection (5) and if any of those provisions provide for the exercise of a discretion, the Authority shall, on and after the effective date, exercise that discretion.
(8) Any period of service by a person as a member of staff of ForfÃ¡s which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to, or in respect of, members of the staff of ForfÃ¡s shall be regarded as a period of reckonable service for the purposes of the superannuation scheme of the Authority referred to in subsection (7).”.
num: 32
paragraphs: Part 5 of the Act of 2005 is amended by inserting the following Chapter after Chapter 2:
“Chapter 3
Irish National Accreditation Board
Irish National Accreditation Board
56A. (1) The committee established as a committee of ForfÃ¡s by resolution of the Board of ForfÃ¡s pursuant to section 10 (amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998 ) of the Act of 1993 and known as the Irish National Accreditation Board shall on the coming into operation of this section—
(a) become and be a committee of the Authority under this section, and
(b) be known as the Irish National Accreditation Board (in this Act referred to as the ‘Accreditation Board’).
(2) The Accreditation Board is the single national accreditation body for the purposes of the Accreditation Regulation.
(3) The Accreditation Board shall, on behalf of the Authority, perform the functions delegated to the Board under section 34(2A) (inserted by section 30 (b) of the Industrial Development (ForfÃ¡s Dissolution) Act 2014).
(4) The Accreditation Board shall have all powers necessary or expedient for the performance of its functions.
(5) The Accreditation Board shall be independent in the performance of its functions.
(6) The Authority shall designate a member of its staff (in this Act referred to as the ‘Manager of the Accreditation Board’) to carry on and manage, and control generally the administration of the Accreditation Board.
(7) Subject to subsection (8), the Accreditation Board may perform any one or more of its functions through or by—
(a) any member of the staff of the Authority designated for that purpose by the Authority, or
(b) the Manager of the Accreditation Board.
(8) The Manager of the Accreditation Board may enter into contracts referred to in section 47(1)(e) (inserted by section 33 (b) of the Industrial Development (ForfÃ¡s Dissolution) Act 2014) on behalf of the Authority.
(9) The Accreditation Board shall furnish the Authority with such information regarding the performance of the functions of the Board as the Authority may from time to time request.
(10) Subject to subsection (11), the members of the Accreditation Board shall be appointed by the Authority and the Authority shall, in making such appointments, take into account the expertise required by the Board to enable the Board to carry out its functions.
num: 33
paragraphs: Section 47(1) of the Act of 2005 is amended by—
(a) substituting the following paragraph for paragraph (a):
“(a) determine the amount of such fees as it considers appropriate in consideration of—
(i) the performance by the Authority of its functions,
(ii) the provision by the Authority of services (other than a service consisting of the provision of advice to the Minister or another Minister of the Government),
(iii) the carrying on by the Authority of activities,
(iv) the performance by the Accreditation Board of its functions, and
(v) the performance by the Appeals Board of its functions,”,
and
(b) inserting the following paragraph after paragraph (d):
“(e) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the purposes of any of the functions of the Authority referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (ForfÃ¡s Dissolution) Act 2014),”.
num: 34
paragraphs: Section 73(1) of the Act of 2005 is amended—
(a) in paragraph (c), by deleting “or”,
(b) in paragraph (d), by substituting “person,” for “person.”, and
(c) by inserting the following paragraphs after paragraph (d):
“(e) a member of the Accreditation Board, or
(f) a member of the Appeals Board.”.
num: 35
paragraphs: Section 77(2) of the Act of 2005 is amended by substituting the following paragraph for paragraph (c):
num: 36
paragraphs: The Act of 2005 is amended by inserting the following Schedule after Schedule 6:
num: 37
paragraphs: (1) The Act of 1993 is amended—
(a) in section 8, by substituting the following paragraphs for paragraphs (c) and (d):
“(c) to administer such schemes, grants and other financial facilities requiring the disbursement of European Union funds and such other funds as may from time to time be authorised by the Minister with the agreement of the Minister for Public Expenditure and Reform, and
(d) to carry out such other functions as may from time to time be assigned to it by the Minister.”,
(b) by inserting the following new section after section 9A (inserted by section 97 of the Consumer Protection Act 2007) —
“Supply of information requested by the Minister
9B. (1) The Minister may request information from an institution in relation to—
(a) the matters specified in subparagraphs (a), (b) and (d) of Article 2(1) of Commission Implementing Regulation (EU) No. 995/2012 of 26 October 20122 , and
(b) research and development carried out by the institution where that institution is funded wholly or partly out of moneys provided by the Oireachtas.
(2) An institution shall furnish any information requested from the institution under subsection (1) to the Minister in such form and at such time as the Minister specifies when making the request.
(3) In this section ‘institution’ means any institute, university, college, laboratory, agency, office or service, whether under the control of a Minister of the Government or otherwise, which is wholly or partly engaged in research and development or any other activity related to science or technology.”,
and
num: 38
paragraphs: The Act of 1995 is amended by substituting the following section for section 6:
“Power of Agencies to invest in certain bodies
num: 6
paragraphs: (1) Subject to this section, IDA or Enterprise Ireland, or both of them, may invest or make a loan out of moneys at the disposal of IDA or Enterprise Ireland, or both of them, as the case may be, in or to a body to which this section applies.
(2) IDA and Enterprise Ireland shall invest or make a loan under subsection (1) in accordance with—
(a) a scheme drawn up by IDA or Enterprise Ireland, or both, and approved by the Minister and the Minister for Public Expenditure and Reform, and
(b) such directions as may be given by the Minister from time to time.
(3) A scheme referred to in paragraph (a) of subsection (2) shall specify the financial limits of, and such other terms and conditions governing the making of, any investments or loans under subsection (1).
(4) The Minister shall designate IDA or Enterprise Ireland, or both of them, to administer a scheme approved under subsection (2).
(5) A copy of a scheme referred to in paragraph (a) of subsection (2) shall be laid before each House of the Oireachtas as soon as may be after the scheme is approved in accordance with that paragraph.
(6) A scheme referred to in paragraph (a) of subsection (2) may be amended or revoked by a subsequent scheme drawn up and approved in accordance with that paragraph.
(7) The reference in subsection (1) to moneys at the disposal of IDA or Enterprise Ireland or both of them includes a reference to moneys arising from the administration of schemes, grants or other financial facilities involving the disbursement of European Union Funds.
(8) This section applies to a body which is a body corporate, partnership or other body which is established for the purpose of investing in industry in the State, or a particular sector of industry in the State, and which administers, or proposes to administer, an investment fund or funds for that purpose.
(9) IDA and Enterprise Ireland shall include full details of all investments and loans made by them or either of them under this section in their annual report.”.
num: 39
paragraphs: A scheme prepared under section 6 of the Act of 1995 that was in force immediately prior to the coming into operation of the amendment of that section by section 38 ,shall continue in force on and after that coming into operation as if the scheme had been made under section 6 of the Act of 1995 as so amended and the provisions of that section as so amended shall apply accordingly.
num: 40
paragraphs: Section 7 of the Metrology Act 1996 is amended by substituting the following subsection for subsection (3):
“(3) The staff of the National Standards Authority of Ireland shall include a chief officer for the Service who shall be known as the Director of Legal Metrology.”.
num: 41
paragraphs: The Act of 1998 is amended—
(a) in subsection (1) of section 7, by substituting the following paragraph for paragraph (k):
“(k) to carry out such other functions as may from time to time be assigned to it by the Minister.”,
and
(b) by substituting the following section for section 42:
“Prosecution of summary offences
num: 42
paragraphs: (1) Proceedings in relation to a summary offence under section 16 may be brought and prosecuted by the Agency.
num: 42
paragraphs: The Act of 2003 is amended—
(a) in section 7(1) (inserted by section 4 of the Act of 2013), by substituting the following paragraph for paragraph (i):
“(i) carry out such other functions related to science or technology which may, from time to time, be assigned to the Foundation by the Minister.”,
(b) in section 17, by inserting the following subsection after subsection (2):
“(2A) Proceedings in relation to a summary offence under this section may be brought and prosecuted by the Foundation.”,
and
(c) in section 25, by substituting the following subsection for subsection (2):
“(2) A committee established under section 15 shall provide the Foundation with such information as the Foundation may, from time to time, require for the purposes of its functions.”.