INDUSTRIAL DEVELOPMENT ACT, 1986 (1986_act_9) | IE

ISB Act 1986-05-06

Schedule 1 INDUSTRIAL DEVELOPMENT ACT, 1986 Open official source

FIRST SCHEDULE The Industrial Development Authority

The Industrial Development Authority

Section 10

[1969, Sch. 2]

Incorporation.

1. The Authority shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

Membership.

2. (1) The Authority shall consist of not more than nine members.

(2) The members of the Authority shall be appointed by the Minister with the consent of the Minister for Finance.

(3) One member of the Authority shall be designated as Chairman by the Minister and two other members of the Authority may be designated by the Minister as Deputy Chairmen.

(4) The Authority may act by any three of its members.

(5) The Authority may regulate its own procedure.

(6) A member of the Authority shall not be a member of a local authority.

Period of office of members. [New]

3. (1) On every anniversary of the date of commencement of this paragraph one-fifth of the members of the Authority or, if their number is not five, then the number nearest one-fifth, shall retire from office.

(2) The members to retire in every year shall be those who have been longest in office since their previous appointment, but as between persons who first became members on the same day, those to retire shall (unless they otherwise agree amongst themselves) be determined by lot.

(3) A retiring member shall be eligible for re-appointment.

(4) A member of the Authority who is in office on the date of commencement of this paragraph for a period then unexpired shall not be obliged by subparagraph (1) to retire before the completion of that period of office.

Conditions of office.

4. (1) The Minister may with the consent of the Minister for Finance remove a member from office.

(2) A member may resign his office by notice in writing to the Minister and the resignation shall take effect on the date on which the Minister receives the notice.

(3) Where a member has any financial interest directly or indirectly in any industrial, commercial or service undertaking, he shall before exercising any functions as a member, declare the nature of such interest to the Authority and shall comply with such directions as the Authority may give him in regard to it.

(4) A member shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is convicted of any indictable offence in relation to a company, or is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or is the subject of an order under section 184 of the Companies Act, 1963.

(5) The conditions of office applicable to Authority members and set out in subparagraphs (3) and (4) shall apply to members of boards and committees constituted under this Act.

Common seal.

5. (1) The common seal of the Authority shall when applied to a document be attested by the signature of two members or by the signature of a member and a member of the staff of the Authority authorised by it to act in that behalf or by the signature of two members of the staff of the Authority so authorised.

(2) All courts of justice shall take judicial notice of the common seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the common seal and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

Contracts and instruments.

6. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority for that purpose.

Annual Report and Accounts.

7. (1) The Authority shall submit in such form as the Minister may direct an annual report of its activities as soon as may be after the end of the financial year to which it refers and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Authority shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of money received and expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister may from time to time direct.

(3) The accounts of the Authority shall be submitted annually by the Authority to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance shall direct and, when so audited, shall together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

Information.

8. The Authority shall supply to the Minister such information regarding its activities as he may from time to time require.

ISB Act 1986-05-06

Schedule 2 INDUSTRIAL DEVELOPMENT ACT, 1986 Open official source

SECOND SCHEDULE Provisions Relating to Exercise of Powers of Authority

Provisions Relating to Exercise of Powers of Authority

Section 16

[1952, Sch. 2; 1969, s. 8]

Acquisition of Land

Entry on land. etc., before conveyance.

1. (1) At any time before conveyance or ascertainment of price or compensation, the Authority may, subject to this paragraph and for the purpose of performing any of its functions

(a) enter on and take possession of any land;

(b) exercise any right which the Authority is authorised by this Act to acquire;

(c) terminate, restrict, or otherwise interfere with any easement or other property or right which the Authority is authorised by this Act to terminate, restrict or otherwise interfere with.

(2) Whenever the Authority exercises any power under subparagraph (1) it shall be liable to pay to the occupier of the land or the owner of the easement, right or other property entered upon or interfered with, interest on the amount of the price of compensation payable under this Act to the occupier or owner at such rate as shall be determined, from time to time for the purpose of this paragraph, by the Minister in consultation with the Minister for Finance, from the date of entry or interference until payment of the price or compensation.

(3) The Authority shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier at least one month's or, in the case of an occupied dwelling house, three months' previous notice in writing of its intention so to do, or

(b) exercise any easement or other right or interfere with any right or property under this paragraph without giving to the owner at least one month's previous notice in writing of its intention so to do.

(4) A notice under this paragraph may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.

(5) Where, for any reason, the envelope cannot be so addressed it may be addressed to the person for whom it is intended in either or both of the following ways

(a) by the description “the owner” or “the occupier” (as the case may be) without stating his name,

(b) at the land or the situation of the property to which the notice relates.

Deposits of maps, plans etc.

2. (1) Not later than one month before the Authority enters on any land or interferes with any property or right, it shall cause maps, plans, and books of reference in relation thereto to be deposited in accordance with this paragraph.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the property, corporeal or incorporeal proposed to be acquired and every interference (so far as it can be shown on a drawing) proposed to be made with any property, corporeal or incorporeal.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all land proposed to be acquired or otherwise affected under this Act and of all property, corporeal or incorporeal, proposed to be in any way interfered with under this Act.

(4) The maps, plans and books of reference shall be deposited at the head office of the Authority and at such other places as the Minister may prescribe and shall remain so deposited for such period as may be prescribed and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and bank holidays.

(5) As soon as may be after the deposit of any maps, plans, or books of reference, the Authority shall give public notice of such deposit by advertisement published twice in each of two or more daily newspapers and in such (if any) other newspapers as the Minister may prescribe.

(6) The public notice shall state that the maps, plans, or books of reference to which it relates are open to public inspection in accordance with this paragraph and shall state the times and places at which they may be inspected.

Assessment of price or of compensation.

3. (1) The amount of the price or compensation to be paid by the Authority for any land acquired (whether permanently or temporarily) under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of any easement, way-leave, water-right, or other right so acquired (whether permanently or temporarily) to the owner thereof or to the several persons entitled to or having estates or interests in the land over or in respect of which such right is so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) The amount of the compensation to be paid by the Authority on account of the termination, restriction or other interference (whether permanent or temporary) under this Act of or with any easement, way-leave, water-right, or other right over or in respect of any land or water shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if the compensation were the price of land compulsorily acquired.

(3) Where any price or compensation is being assessed in respect of any property, corporeal or incorporeal, which is occupied, used or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such other property by reason of any works executed or in the course of execution or about to be executed under this Act.

(4) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 (as adapted or amended by or under any subsequent Act) shall apply to any price or compensation payable under this paragraph and to the conveyance to the Authority of property, corporeal or incorporeal, acquired under this Act, and for the purpose of the application the Authority shall be deemed to be the promoters of the undertaking.

(5) No action shall lie at law or in equity against the Authority or any contractor or any member of the staff of the Authority or of any contractor for or on account of any act, matter or thing in respect of which compensation is payable by virtue of this paragraph.

Time for claims for price or compensation.

4. All claims for the price of or compensation in respect of any land, easement, right or other property (whether corporeal or incorporeal) acquired or interfered with under this Act shall be made within one year after the land, easement, right or property is first entered on, exercised or interfered with under this Act.

Execution of works in lieu of compensation.

5. (1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done under this Act, the Authority may execute for his benefit such works, in satisfaction or partial satisfaction of his claim for compensation, as the Authority thinks proper and he agrees to accept.

(2) The Authority may attach to the execution of any works under this paragraph such terms (including terms as to the ownership, possession and control of the works) as are agreed upon by the Authority and the person for whose benefit the works are so executed.

Acquisition of land in lieu of payment of compensation.

6. Whenever the Authority is of the opinion that the payment of compensation for interference with any land would be uneconomic or for any other reason inexpedient, it may acquire the land permanently under this Act either by agreement or compulsorily.

Powers and duties where acquired land is subject to a land purchase annuity, etc.

7. (1) In this paragraph “public authority” means the Irish Land Commission or the Commissioners of Public Works in Ireland.

(2) Whenever the Authority acquires permanently any land which is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent or other annual sum (not being merely rent under a contract of tenancy) payable to a public authority, the Authority shall, as from the date on which it enters on and takes possesion of the land so acquired—

(a) become and be liable for the payment to the public authority of such annual sum, or such portion thereof as shall be apportioned by the public authority on such land, as if the land had been transferred to the Authority by the owner thereof on that date, and

(b) be entitled, if the Authority so thinks fit, to redeem the annual sum or such portion thereof as aforesaid, and

(c) be obliged, if required by the public authority to do so, to redeem such annual sum or such portion thereof as aforesaid.

Power of Authority to purchase land from the Irish Land Commission.

8. (1) The Authority may purchase from the Irish Land Commission any land, vested in the Irish Land Commission, which is required by the Authority for the performance of any of its functions.

(2) The land shall be so purchased at such price and upon such other terms as are agreed upon by the Authority and the Irish Land Commission, subject to the restriction that in assessing the price no regard shall be had to, nor any enhancement of price allowed for, any improvements executed on the land with money paid or advanced out of the Central Fund or out of money provided by the Oireachtas.

(3) The land shall be conveyed to or vested in the Authority by the Irish Land Commission.

(4) The price to be paid shall be provided and paid by the Authority.

(5) The Authority shall defray all the costs and expenses of the Authority and the Irish Land Commission of or incidental to the purchase.

(6) In the preceding provisions of this paragraph “land” includes any easement, profit-a-prendre, or other right over or in relation to any land, and the power of purchase conferred by this paragraph shall extend to the purchase of any such right whether in conjunction with or apart from the purchase of land.

Miscellaneous

Employment of contractors.

9. (1) The Authority may contract with any person for the doing by him of any work which it is authorised under section 16 to do.

(2) The Authority may delegate to that person by agreement the right to do the work and thereupon he shall have, concurrently with it, the right to exercise such of the powers conferred by this Act on the Authority as are necessary for doing the work and are specified in the agreement.

(3) References in section 16 to the doing of any work by the Authority shall be construed as including the doing of it by a contractor authorised under this paragraph.

General power of entry on land by the Authority.

10. (1) The Authority, members of its staff and other persons authorised by the Authority in this behalf shall be entitled to enter on any land for the purpose of doing thereon or on any other land all or any of the things which the Authority is authorised by this Act to do or making any preliminary inquiry, investigation or examination.

(2) Any person who obstructs, prevents or interferes with the exercise by the Authority or any member of the staff of the Authority or any person authorised by the Authority of any power conferred on it or him by this paragraph shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding £800.

Right of the Authority to information from rate books.

11. Whenever the Authority, for the purpose of the performance of its functions, requires information from a rate book or other similar document, the local authority having custody of such book or document shall, at the request of the Authority—

(a) permit any member of the staff of the Authority authorised in that behalf by the Authority to inspect free of charge a copy of the whole or any part of the book or document, and

(b) furnish to the Authority, upon payment by the Authority of such fee as shall be agreed upon by the Authority and the local authority or, in default of agreement, shall be fixed by the Minister for the Environment, a copy of the book or document or of any particular part specified by the Authority.

Protection of postal and telegraphic services.

12. Neither the Authority nor any contractor executing any works under this Act shall by virtue of this Act acquire, enter on, remove or otherwise interfere with any land, works, plant, materials or other property of An Post or Bord Telecom Éireann or erect any works or do any other matter or thing which, in the opinion of the Minister for Communications, would obstruct, delay, hinder or otherwise injuriously affect the due execution of the public services of An Post or Bord Telecom Éireann.

Disposal of money of Authority.

13. Any money received by the Authority in respect of the disposal of land, whether by sale, lease or otherwise, shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister, with the concurrence of the Minister for Finance, may direct.

ISB Act 1986-05-06

Schedule 3 INDUSTRIAL DEVELOPMENT ACT, 1986 Open official source

THIRD SCHEDULE Designated Areas

Designated Areas

Section 4

[1952, s. 3; 1969, s. 6. & 00]

1. The counties of—

Cavan, Clare (with the exception of the area of the airport, within the meaning of the Shannon Free Airport Development Company Limited Act, 1959), Donegal, Galway, Kerry, Leitrim, Longford, Mayo, Monaghan, Roscommon and Sligo.

2. The urban districts of—

Clonakilty, Kinsale, Macroom, Skibbereen;

the former rural districts of—

Bandon, Bantry, Castletown, Clonakilty, Dunmanway, Kanturk, Kinsale, Millstreet, Schull, Skibbereen;

the electoral divisions of—

Bealanageary, Candroma, Cleanrath, Clondrohid, Derryfineen, Gortnatubbrid, Inchigeelagh, Kilnamartery, Macloneigh, Mashanaglass, Rahalisk, Slievereagh and Ullanes in the former rural district of Macroom; and

the townlands of—

Ballyhalwick, Brookpark, Clountiquirk, Corrycullane, Darkwood Demesne, Derreens, Droumleena, Dunmanway (North and South), Kilbarry, Maulashanagarry, Milleenanannig, Tonafora and Underhill in the barony of West Division of East Carbery;

all of which are situated in the County of Cork.

3. The areas in the counties of Meath and Waterford for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956.

4. The townlands of—

Ahadagh, Ahaveheen, Ballymongaun, Callahow, Carroward (East and West), Cloncrew, Clonlara, Coolaboy, Coolnaknockane, Gardenfield (South, East and West), Gorteen, Highmount, Kells, Mondellihy, Shesive, Tullingamacthomas and Woodfield in the barony of Connello Upper

and situated in the County of Limerick.

5. The townland of—

Derrinlough in the barony of Eglish

and situated in the County of Offaly.

6. The area of the Dublin Inner City comprising the wards listed in S.I. No. 355 of 1982 for a period of five years which commenced on 1st January, 1983.

7. The Churchfield and Hollyhill Industrial Estates in Cork County Borough and Togher and Ringaskiddy Industrial Estates and Ringaskiddy Port in County Cork as defined in S.I. No. 273 of 1984 for a period of three years which commenced on 5th November, 1984.

ISB Act 1986-05-06

Schedule 4 INDUSTRIAL DEVELOPMENT ACT, 1986 Open official source

FOURTH SCHEDULE Enactments Repealed

Enactments Repealed

Section 9

Number and year

Short Title

Extent of Repeal

No. 29 of 1950

Industrial Development Authority Act, 1950

The whole Act

No. 1 of 1952

Undeveloped Areas Act, 1952

The whole Act

No. 23 of 1957

Undeveloped Areas (Amendment) Act, 1957

The whole Act

No. 26 of 1959

Industrial Grants Act, 1959

The whole Act

No. 30 of 1961

Industrial Grants (Amendment) Act, 1961

The whole Act

No. 3 of 1963

Undeveloped Areas (Amendment) Act, 1963

The whole Act

No. 4 of 1963

Industrial Grants (Amendment) Act, 1963

The whole Act

No. 37 of 1964

Industrial Grants (Amendment) Act, 1964

The whole Act

No. 12 of 1966

Industrial Grants (Amendment) Act, 1966

The whole Act

No. 1 of 1968

Industrial Grants (Amendment) Act, 1968

The whole Act

No. 16 of 1968

Industrial Grants (Amendment) (No. 2) Act, 1968

The whole Act

No. 8 of 1969

Industrial Grants (Amendment) Act, 1969

The whole Act

No. 32 of 1969

Industrial Development Act, 1969

The whole Act

No. 9 of 1970

Shannon Free Airport Development Company Limited (Amendment) Act, 1970

In section 4, the words “or in respect of housing for employees in industry”.

No. 9 of 1972

Industrial Development Act, 1972

The whole Act

No. 16 of 1975

Industrial Development Act, 1975

The whole Act

No. 29 of 1975

Industrial Development (No. 2) Act, 1975

The whole Act

No. 37 of 1977

Industrial Development Act, 1977

The whole Act

No. 29 of 1978

Industrial Development Act, 1978

The whole Act

No. 13 of 1981

Industrial Development Act, 1981

The whole Act

No. 14 of 1981

Industrial Development (No. 2) Act, 1981

The whole Act

INDUSTRIAL DEVELOPMENT ACT, 1986

Statutory Text (4 Articles)

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