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5 1979

UDARAS NA GAELTACHTA ACT, 1979

Part II

Údarás na Gaeltachta

Establishment of Údarás na Gaeltachta.

6. —(1) There shall, by virtue of this section, be established on the appointed day a body which shall be known as Údarás na Gaeltachta (and which is referred to in this Act as “an tÚdarás”) to perform the functions assigned to it by or under this Act.

(2) An tÚdarás shall consist of thirteen members, of whom the chairman and five other members shall be persons appointed by the Minister and of whom the remaining seven members shall be persons elected in accordance with Part IV of this Act.

(3) The First Schedule to this Act applies to an tÚdarás.

Dissolution of Gaeltarra Éireann.

7. —(1) On and from the appointed day Gaeltarra Éireann shall, by virtue of this section, be dissolved and the rights and liabilities which were conferred or imposed on Gaeltarra Éireann by the Gaeltacht Industries Acts, 1957 to 1977, and the duties and liabilities imposed on it consequent on its designation as an approved body under section 4 of the Superannuation and Pensions Act, 1963 , shall, by virtue of this section, be transferred to an tÚdarás.

(2) The Second Schedule to this Act applies in relation to the dissolution effected by this section.

Functions of an tÚdarás.

8. —(1) An tÚdarás shall encourage the preservation and extension of the use of the Irish language as the principal medium of communication in the Gaeltacht and shall ensure that Irish is used to the greatest extent possible in the performance by it and on its behalf of its functions.

(2) An tÚdarás shall, subject to section 10, carry on, control and manage (either directly or, in any particular case, through a body corporate controlled by an tÚdarás) the industries and productive schemes of employment carried on, controlled or managed, directly or indirectly, by Gaeltarra Éireann immediately before the appointed day.

(3) An tÚdarás may, subject to section 10, provide, carry on, control and manage in the Gaeltacht (either directly or, in any particular case, through a body corporate controlled by an tÚdarás) such industries and productive schemes of employment as it thinks fit other than those referred to in subsection (2).

(4) An tÚdarás may, subject to section 10, expand and develop any industry or productive scheme of employment referred to in subsection (2) or (3).

(5) An tÚdarás may, with the consent of the Minister, discontinue, either generally or in any particular place or district, any industry or productive scheme of employment referred to in subsection (2) or (3).

(6) For the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht an tÚdarás shall have power in any particular case—

(a) to form a body corporate,

(b) to take part with other persons in the formation of a body corporate or in a partnership or otherwise, and

(c) subject to section 10, to purchase or take or sell shares in a body corporate.

(7) For the purposes of this section an tÚdarás shall have power to acquire, receive on transfer, hold, sell, mortgage, lease, let, or otherwise dispose of land, buildings, markets, premises or plant and to erect, alter or maintain buildings, markets, premises or plant.

(8) An tÚdarás shall have all such further powers as are necessary for the purposes of this section.

Additional functions of an tÚdarás.

9. —(1) For the purpose of promoting the linguistic, cultural, social, physical and economic development of the Gaeltacht an tÚdarás shall have in addition to the functions specified in this Act apart from this section, such powers as are conferred on it by order made by the Government.

(2) An order under this section may—

(a) contain such incidental or consequential provisions as appear to the Government to be necessary, including modification of statutory provisions;

(b) impose conditions in relation to the exercise of any power which it confers;

(c) provide for payments by an tÚdarás;

(d) confer on an tÚdarás such local authority functions as it may specify;

(e) be amended or revoked by order made by the Government.

(3) Where an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.

Financial assistance by an tÚdarás for industrial purposes.

10. —(1) For the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht an tÚdarás shall, subject to this section, have power to provide financial assistance (including the making of grants, the purchase of shares and the incurring of expenditure on buildings or otherwise) on such terms and subject to such conditions as it thinks proper.

(2) The Minister shall from time to time, after consultation with the Minister for Industry, Commerce and Energy and with the consent of the Minister for Finance, specify—

(a) a limit up to which an tÚdarás may provide, in any particular case, financial assistance at its discretion, and

(b) a limit above which an tÚdarás may provide, in any particular case, financial assistance with the prior approval of the Government.

(3) An tÚdarás may, with the consent of the Minister given after consultation with the Minister for Industry, Commerce and Energy, provide, in any particular case, financial assistance between the limits specified under subsection (2).

(4) An tÚdarás shall not provide financial assistance in any particular case where financial assistance has been provided by the Industrial Development Authority.

(5) An tÚdarás may, in accordance with schemes authorised from time to time by the Minister after consultation with the Minister for Industry, Commerce and Energy and with the consent of the Minister for Finance,—

(a) make grants for purposes other than in respect of fixed assets or the training of workers, and

(b) guarantee the repayment of loans received by persons for whom an tÚdarás has provided financial assistance.

Power to transfer certain functions of an tÚdarás to An Chomhairle Oiliúna.

11. —The Minister may, with the consent of the Minister for Labour, arrange for the transfer to An Chomhairle Oiliúna of some or all of the functions of an tÚdarás in relation to the training (including re-training) of workers.

Staff of an tÚdarás.

12. —(1) An tÚdarás shall appoint such and so many persons to be the staff of an tÚdarás as an tÚdarás from time to time thinks proper.

(2) A member of the staff of an tÚdarás shall hold his employment on such terms and conditions as an tÚdarás from time to time determines.

(3) There shall be paid by an tÚdarás to the members of its staff such remuneration and allowances for expenses as an tÚdarás thinks fit subject to, in the case of its chief officer (whether that officer is described as the Chief Officer or otherwise), the approval of the Minister given with the consent of the Minister for the Public Service.

(4) In determining the remuneration or allowances for expenses to be paid to the members of its staff or the terms or conditions subject to which the members of its staff hold or are to hold their employment, an tÚdarás shall have regard either to Government or nationally-agreed guidelines for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and shall comply with any directive with regard to such remuneration, allowances, terms or conditions which the Minister may give from time to time to an tÚdarás with the consent of the Minister for the Public Service.

(5) An tÚdarás may at any time remove any member of the staff of an tÚdarás from being a member of its staff.

(6) A person who immediately before the appointed day was an officer or servant of Gaeltarra Éireann shall on the appointed day become and be a member of the staff of an tÚdarás in such position as is, in the opinion of an tÚdarás, similar to the position under Gaeltarra Éireann held by that person immediately before the appointed day and on such terms and conditions as an tÚdarás may from time to time determine and are not, in the opinion of an tÚdarás, less favourable to that person than those that applied in relation to his employment with Gaeltarra Éireann immediately before the appointed day.

Consultants and advisers to an tÚdarás.

13. —(1) Subject to subsection (2), and to such conditions as may for the time being stand specified by the Minister with the consent of the Minister for the Public Service, an tÚdarás may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by an tÚdarás out of moneys at its disposal.

(2) A contract made by an tÚdarás under this section shall not be for any period exceeding three years.

Superannuation.

14. —(1) An tÚdarás may at any time prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, appropriate members of the staff of an tÚdarás.

(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be carried out by an tÚdarás in accordance with its terms.

(3) An tÚdarás may at any time, with the approval of the Minister and the concurrence of the Minister for the Public Service, amend a scheme under this section.

(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to whom allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any allowance payable in pursuance of a scheme under this section, it shall be submitted to the Minister for determination by him, subject to the agreement of the Minster for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by an tÚdarás nor shall any other arrangements be entered into by an tÚdarás for the provision of a pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of the staff of an tÚdarás, other than in accordance with a scheme approved under this section.

(7) Every scheme submitted and approved under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under the scheme.

(8) Any scheme approved under section 18 of the Gaeltacht Industries Act, 1957 , and in existence immediately before the appointed day shall be deemed to have been approved under this section.

Disclosure of information.

15. —(1) A person shall not, without the consent of an tÚdarás, disclose any information obtained by him while performing duties as a member of an tÚdarás, as a member of the staff of an tÚdarás or as an adviser or consultant to an tÚdarás.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

Membership of Oireachtas of employee of an tÚdarás.

16. —(1) Where a member of the staff of an tÚdarás is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas he shall stand seconded from employment by an tÚdarás and shall not be paid by, or be entitled to receive from, an tÚdarás any remuneration or allowance—

(a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,

(b) in case he is nominated for election to either such House, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House shall, while so entitled, be disqualified from becoming a member of the staff of an tÚdarás.

Estimates by an tÚdarás.

17. —An tÚdarás shall submit to the Minister in each year, not later than such date as he may appoint and in such form as he may require, an estimate of the financial requirements of an tÚdarás for the following financial year, together with any other estimates which the Minister or the Minister for Finance may require.

Accounts and audits.

18. —(1) An tÚdarás shall keep, in such form as may be approved by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet, and, in particular, shall keep in such approved form all such special accounts as the Minister, on his own motion or at the request of the Minister for Finance, may from time to time direct.

(2) Not later than four months after the expiration of the year to which they relate accounts kept under this section shall be submitted by an tÚdarás to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister, who shall cause copies thereof to be laid before each House of the Oireachtas.

Annual report.

19. —(1) An tÚdarás shall submit to the Minister in each year, not later than such date as he may appoint, a report of its proceedings under this Act during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Whenever the Minister so directs, such annual report shall also include information on such particular aspects of the proceedings under this Act of an tÚdarás as the Minister may specify.

Information by an tÚdarás to the Minister.

20. —An tÚdarás shall provide the Minister with any information regarding the performance of its functions which he may require from time to time.

Gifts to an tÚdarás.

21. —An tÚdarás may accept gifts of money, land or other property on such trusts and conditions (if any) as may be specified by the donor, but shall not accept a gift if any such condition is inconsistent with the functions of an tÚdarás.