Temple Bar Area Renewal and Development Act, 1991
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Temple Bar Area Renewal and Development Act, 1991.
num: 2
paragraphs: —(1) In this Act—
“the Area” means the Temple Bar Area;
“building or premises” includes, where the context allows, a proposed building or premises;
num: 3
paragraphs: —Notwithstanding any provision of the Companies Acts, 1963 to 1990, the Taoiseach shall appoint the directors of Temple Bar Renewal Limited.
num: 4
paragraphs: —(1) In deciding whether or not to approve existing or proposed buildings or premises for the purposes of Chapter VII of Part I of the Finance Act, 1991 , Temple Bar Renewal Limited shall do so in accordance with the Second Schedule having regard to the uses and activities set out in that Schedule and on the basis of the criteria so set out, and a reference in that Schedule to approved means approved for those purposes and a contrary reference shall be construed accordingly.
(2) In respect of an approval to which subsection (1) relates, Temple Bar Renewal Limited may specify the period during which such an approval shall apply.
num: 5
paragraphs: —A written copy of every decision, made by Temple Bar Renewal Limited in the period of three months ending on the passing of this Act and in the following and each subsequent period of three months, to approve or not to approve existing or proposed buildings or premises for the purposes of Chapter VII of Part I of the Finance Act, 1991 , shall be laid before each House of the Oireachtas at the end of the said period to which the decision relates or as soon as possible thereafter.
num: 6
paragraphs: —(1) The chairman and each member of the board of Temple Bar Renewal Limited shall be paid, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.
(2) The chief executive of Temple Bar Renewal Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.
(3) Subject to subsection (2), a member of the staff of Temple Bar Renewal Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as it may determine with the consent of the Taoiseach and the Minister.
num: 7
paragraphs: —(1) Notwithstanding any provision contained in the Companies Acts, 1963 to 1990, the Comptroller and Auditor General shall be the sole auditor of the accounts of Temple Bar Renewal Limited.
(2) The accounts to which subsection (1) relates, as audited by the Comptroller and Auditor General, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Taoiseach who shall cause copies to be laid before each House of the Oireachtas.
num: 8
paragraphs: —Temple Bar Renewal Limited shall take such steps as may be necessary under the Companies Acts, 1963 to 1990, to alter its memorandum and articles of association so as to make them consistent with this Part and with Chapter VII of Part I of the Finance Act, 1991 .
num: 9
paragraphs: —Temple Bar Properties Limited shall be a development company for the Temple Bar Area.
num: 10
paragraphs: —Notwithstanding any provision of the Companies Acts, 1963 to 1990, the Taoiseach, through his nominees, shall be the sole shareholder of Temple Bar Properties Limited.
num: 11
paragraphs: —(1) Notwithstanding any provision of the Landlord and Tenant Acts, 1967 to 1989, where a person (in this section referred to as the tenant) enters into a tenancy agreement with Temple Bar Properties Limited in respect of any premises in the Area then the tenant shall not assign, sublet or share possession of the said premises, or any part thereof, without the prior consent in writing of Temple Bar Properties Limited.
(2) (a) Temple Bar Properties Limited shall not unreasonably withhold its consent to any assignment, subletting or sharing of possession referred to in subsection (1).
num: 12
paragraphs: —(1) Temple Bar Properties Limited may, in accordance with paragraphs 1 to 8 of the Third Schedule , acquire compulsorily any land, or any interest in or right over any land, in the Area for the purposes of ensuring the implementation in a coherent, comprehensive and integrated manner of any scheme of development for the Area or any part thereof which, in the opinion of Temple Bar Properties Limited, would prove impracticable without the land or interest concerned being included in that scheme and, in particular, for the purposes of—
(a) the implementation of safety and aesthetic considerations and requirements,
(b) the renewal, preservation, conservation, restoration, development or redevelopment of the streetscape, layout and building pattern of the Area, and
(c) the infill or other development or redevelopment of a derelict site (being a derelict site within the meaning of section 3 of the Derelict Sites Act, 1990 ) or of a vacant site (being land which is neither a derelict site nor upon which is there any permanent building or premises) in a manner that complements the conservation and architectural legacy of the Area.
num: 13
paragraphs: —(1) The Minister may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he thinks fit—
(a) the due repayment by Temple Bar Properties Limited of the principal of any moneys borrowed by that company or the payment of interest on such moneys or both the repayment of the principal and the payment of the interest, and
(b) the due payment of a promissory note made, or a bill of exchange drawn or accepted, by Temple Bar Properties Limited,
and any such guarantee may include a guarantee of the payment by that company of commission and incidental expenses arising in connection with such borrowing, promissory note or bill of exchange.
(2) The Minister shall not so exercise the powers conferred on him by this section that the amount, or the aggregate amount—
(a) of principal, commission and incidental expenses, and
(b) on promissory notes and bills of exchange,
which he may at any one time be liable to repay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount (if any) of principal, commission and incidental expenses and on promissory notes and bills of exchange which the Minister has previously paid on foot of any guarantee under this section and which has not been repaid by Temple Bar Properties Limited exceeds £25,000,000.
(3) The Minister shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—
(a) particulars of the guarantee,
(b) in case any payment has been made by the Minister under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to the Minister on foot of the payment,
(c) the amount of moneys covered by the guarantee which was outstanding at the end of that year.
(4) Moneys paid by the Minister under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by Temple Bar Properties Limited within twelve months from the date of the advance of the moneys out of the Central Fund.
(5) Where the whole or any part of moneys required by subsection (4) to be repaid to the Minister has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister shall determine, to the Central Fund out of moneys provided by the Oireachtas.
(6) Notwithstanding the provision of moneys under subsection (5) to repay the amount to the Central Fund, Temple Bar Properties Limited shall remain liable to the Minister in respect of that amount and that amount (with interest thereon at such rate or rates as he appoints) shall be repaid to him by that company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(7) Moneys paid by Temple Bar Properties Limited under subsection (4) or (6) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister thinks fit.
(8) In relation to guarantees given by the Minister in money in a currency other than the currency of the State—
(a) each of the references to principal, each of the references to interest and the reference to commission and incidental expenses in subsection (1) and the reference to a promissory note or bill of exchange in paragraph (b) thereof, shall be taken as referring to the equivalent in the currency of the State of the actual amount of such principal, interest, commission and incidental expenses, promissory note or bill of exchange, as the case may be, such equivalent being calculated according to the cost in the currency of the State of such amount at the time the calculation is made,
(b) each of the references to principal, commission, incidental expenses, promissory notes and bills of exchange in subsection (2) shall be taken as referring to the equivalent in the currency of the State of the actual amount of such principal, commission, incidental expenses, promissory notes and bills of exchange, as the case may be, such equivalent being calculated in the manner provided for by paragraph (a),
(c) the reference to moneys in subsection (3) shall be taken as referring to the equivalent in the currency of the State of the actual moneys, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time the calculation is made, and
(d) each of the references to moneys in subsections (4) to (6) shall be taken as referring to the cost in the currency of the State of the actual moneys.
num: 14
paragraphs: —All moneys from time to time required by the Minister to meet sums which may become payable by him under section 13 shall be advanced out of the Central Fund or the growing produce thereof.
num: 15
paragraphs: —(1) The chairman and each member of the board of Temple Bar Properties Limited shall be paid, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.
(2) The chief executive of Temple Bar Properties Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.
(3) Subject to subsection (2), a member of the staff of Temple Bar Properties Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as it may determine with the consent of the Taoiseach and the Minister.
num: 16
paragraphs: —(1) Notwithstanding any provision contained in the Companies Acts, 1963 to 1990, the Comptroller and Auditor General shall be the sole auditor of the accounts of Temple Bar Properties Limited.
(2) The accounts to which subsection (1) relates, as audited by the Comptroller and Auditor General, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Taoiseach who shall cause copies to be laid before each House of the Oireachtas.
num: 17
paragraphs: —Temple Bar Properties Limited shall take such steps as may be necessary under the Companies Acts, 1963 to 1990, to alter its memorandum and articles of association so as to make them consistent with this Part.
num: 18
paragraphs: —(1) Section 12 of the Finance Act, 1895 , shall not apply in respect of any conveyance, transfer, vesting order referred to in the Third Schedule or other instrument executed for the purpose of vesting in Temple Bar Properties Limited, or any subsidiary thereof, any land situated in the Area or any interest in land so situated.
(2) For the purposes of this section, a company shall be deemed to be a subsidiary of Temple Bar Properties Limited if—
(a) Temple Bar Properties Limited—
(i) is a member of the company and controls the composition of at least half of the company's board of directors, or
(ii) holds at least half in nominal value of the company's equity share capital, or
(iii) holds at least half in nominal value of the company's shares carrying voting rights (other than voting rights which arise only in specified circumstances),
or
(b) the company is a subsidiary of any company which is a subsidiary of Temple Bar Properties Limited.