Industrial Development Act, 1993
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Industrial Development Act, 1993.
(2) The Industrial Development Acts, 1986 and 1991 and this Act may be cited together as the Industrial Development Acts, 1986 to 1993, and shall be construed together as one Act.
num: 2
paragraphs: —(1) In this Act, unless the context otherwise requires—
“the Act of 1986” means the Industrial Development Act, 1986 ;
“the Act of 1987” means the Science and Technology Act, 1987 ;
“Agency” means Forbairt or IDA;
“Board” means the Board of ForfÃ¡s or either Agency;
“dissolved body” means the Industrial Development Authority or Eolas;
“establishment day” has the meaning assigned to it by section 5 ;
“Forbairt” means the Agency established in that name by section 5 ;
“ForfÃ¡s” means the Agency established in that name by section 5 ;
“IDA” means the Agency established by section 5 in the name of the Industrial Development Agency (Ireland);
“the Minister” means the Minister for Enterprise and Employment.
num: 3
paragraphs: —The expenses incurred 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.
num: 4
paragraphs: —Every enactment referred to in column (2) of the Third Schedule to this Act is hereby repealed with effect from the establishment day to the extent mentioned in column (3) of that Schedule.
num: 5
paragraphs: —(1) There shall stand established, on such day as the Minister may by order appoint (“the establishment day”), a body to be known as ForfÃ¡s and two agencies of ForfÃ¡s, to be known respectively as Forbairt and the Industrial Development Agency (Ireland) (“IDA”), to carry out the functions assigned to them by this Act.
num: 6
paragraphs: —(1) The functions of ForfÃ¡s shall be—
(a) to advise the Minister on matters relating to the development of industry in the State,
(b) to advise on the development and co-ordination of policy for Forbairt, IDA, An Bord TrÃ¡chtÃ¡la and such other bodies as the Minister may designate,
(c) to encourage the development of industry and technology in the State,
(d) to encourage the establishment and development in the State of industrial undertakings from outside the State, and
(e) to advise and co-ordinate Forbairt and IDA in relation to their functions.
(2) ForfÃ¡s and each Agency shall comply with such general directives relating to the policy to be followed by it in the exercise of its functions as may be given by the Minister.
num: 7
paragraphs: —The functions of Forbairt shall be, as an agency of ForfÃ¡s—
(a) to develop industry in the State,
(b) to strengthen the technological base and the capacity of industry to innovate,
(c) to provide services which support such development,
(d) to make investments in and provide supports to industrial undertakings which comply with the requirements of the enactments for the time being in force,
(e) to administer such schemes, grants and other financial facilities requiring the disbursement of European Community Funds as may from time to time be authorised by the Minister with the concurrence of the Minister for Finance, and
(f) to carry out such other functions as may from time to time be assigned to it by ForfÃ¡s with the consent of the Minister.
num: 8
paragraphs: —The functions of IDA shall be, as an agency of ForfÃ¡s—
(a) to promote the establishment and development, in the State, of industrial undertakings from outside the State,
(b) to make investments in and provide supports to industrial undertakings which comply with the requirements of the enactments for the time being in force,
(c) to administer such schemes, grants and other financial facilities requiring the disbursement of European Community Funds as may from time to time be authorised by the Minister with the concurrence of the Minister for Finance, and
(d) to carry out such other functions as may from time to time be assigned to it by ForfÃ¡s with the consent of the Minister.
num: 9
paragraphs: —(1) Subject to subsection (2), the powers and functions of the Industrial Development Authority, as specified in the Act of 1986, and the powers and functions of Eolas, as specified in the Industrial Research and Standards Act, 1961 and in the Act of 1987, shall be vested in ForfÃ¡s and may, to such an extent and in accordance with such directions as the Minister may from time to time determine, be assigned to and exercised by Forbairt or IDA as the case may be.
(2) The powers and functions of the Industrial Development Authority conferred on it by Part III of the Act of 1986 shall be assigned to, and exercised by, Forbairt or IDA to such an extent and in accordance with such directions as ForfÃ¡s, with the concurrence of the Minister, may from time to time determine.
(3) For the purposes of this section, references in the Act of 1986 and in the Shannon Free Airport Development Company Limited (Amendment) Act, 1970 to “the Authority” and in the Act of 1987 to “the Agency” shall be construed as references to ForfÃ¡s and each Agency, or to any of them, as may be appropriate.
num: 10
paragraphs: —(1) Any function exercised by ForfÃ¡s and either Agency may, without prejudice to their general responsibilities under this Act, be performed through or by any member of staff duly authorised in that behalf.
(2) ForfÃ¡s and either Agency may, as it thinks proper, from time to time constitute committees or other bodies (including regional bodies) for the purposes of this section and dissolve any such body.
(3) Membership of a committee or other body may include persons who are not members of ForfÃ¡s or its staff or of either Agency.
num: 11
paragraphs: —(1) There may be paid by the Minister to ForfÃ¡s and each Agency, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the consent of the Minister for Finance, may sanction—
(a) to enable ForfÃ¡s and each Agency to meet its administration and general expenses, and
(b) to discharge its obligations and liabilities.
(2) The aggregate amount of grants made by the Minister to ForfÃ¡s and the Agencies under subsection (1) (b) (other than grants to which section 14 (3) of the Act of 1986 applies) shall not exceed £750,000,000.
(3) The aggregate amount of grants made by ForfÃ¡s and the Agencies and of payments made under sections 16 and 31 of the Act of 1986 or the corresponding provisions of any repealed enactment after the commencement of this section shall not exceed the aggregate limits specified in subsection (2).
num: 12
paragraphs: —(1) Without the prior permission of the Government, the total amount of money granted to a particular industrial undertaking under any section referred to in section 34 of the Act of 1986 shall not exceed in the aggregate the higher of—
(a) £2,500,000, or
(b) £2,500,000 in excess of the aggregate amount of grants for which the prior permission of the Government has previously been obtained.
(2) The Agencies may make grants on such terms and conditions as are specified in the Act of 1986 towards the employment of persons in a service industry.
num: 13
paragraphs: —The Minister shall, within three years from the passing of this Act, and in every third year thereafter, prepare a review of national industrial performance in respect of the previous three years and of national industrial policy and shall cause the review and the conclusions arising therefrom to be laid before the Houses of the Oireachtas.
num: 14
paragraphs: —On the establishment day, all land which, immediately before that day, was vested in the Industrial Development Authority or Eolas and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in ForfÃ¡s for all the estate or interest for which immediately before the establishment day it was vested in either such dissolved body but subject to all trusts and equities affecting the land subsisting and capable of being performed.
num: 15
paragraphs: —On the establishment day all property other than land, including choses-in-action, which immediately before that day was the property of either dissolved body shall stand vested in ForfÃ¡s without any assignment.
num: 16
paragraphs: —(1) All rights and liabilities of a dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by that body before the establishment day shall on that day stand transferred to ForfÃ¡s.
(2) Every right and liability transferred by subsection (1) may, on and after the transfer, be sued on, recovered or enforced by or against ForfÃ¡s in its own name and it shall not be necessary for ForfÃ¡s to give notice to the person whose right or liability is transferred by this section of such transfer.
num: 17
paragraphs: — Section 12 of the Finance Act, 1895 shall not apply to the vesting of any property or rights transferred by this Act.
num: 18
paragraphs: —On the establishment day, the Industrial Development Authority and Eolas shall stand dissolved.
num: 19
paragraphs: —Final accounts of each dissolved body shall be drawn up in such form as may be approved of by the Minister, and such accounts shall be laid before each House of the Oireachtas.
num: 20
paragraphs: —Any legal proceedings pending on the establishment day in any court or tribunal to which a dissolved body is a party shall continue with the substitution of ForfÃ¡s for such party and shall not abate by reason of such substitution.
num: 21
paragraphs: —ForfÃ¡s shall accept into its employment on the establishment day, in accordance with the terms of this Act, every person who immediately before that day was a member of the staff of the Industrial Development Authority or Eolas (“the dissolved bodies”) on terms and conditions not less favourable than those applicable to that person immediately before the transfer.