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9 1986



Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the Industrial Development Act, 1986.

(2) This Act shall come into operation on such day or days as may be fixed therefore by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.


2. —(1) In this Act—

the Authority” means the Industrial Development Authority;

designated area” means any area which, by virtue of section 4 , is for the time being a designated area;

factory building” means a building which is used or intended to be used for carrying on an industrial undertaking together with any other building which is subsidiary or ancillary thereto and is used or intended to be used for a purpose connected with the undertaking;

fixed assets” means machinery, plant, equipment, land, buildings, services and other works of or for an industrial undertaking;

industrial estate” means an area of land used mainly for industrial purposes and purposes ancillary or incidental thereto and having on it at least two factory buildings;

industrial undertaking” includes an undertaking ancillary to industry and a service industry, and “industry” shall be construed accordingly;

land” includes messuages, tenements and hereditaments, houses and buildings of any tenure;

local authority” has the same meaning as in section 2 of the Local Government Act, 1941 ;

member” means member of the Authority;

the Minister” means the Minister for Industry and Commerce;

repealed enactment” means an enactment repealed by this Act;

service industry” means an undertaking to which an order under section 3 applies.

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that a reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

Service industry.

[1981 (No. 2), s. 3]

3. —(1) The Minister may by order provide that any undertaking engaged in the provision of a service specified in the order shall be a service industry for the purposes of this Act.

(2) An order under subsection (1) in relation to a banking service shall not be made except after consultation with the Minister for Finance.

(3) An order under section 3 of the Industrial Development (No. 2) Act, 1981 , in force immediately before the commencement of this section shall continue in force and shall be deemed to be an order made under this section.

Designated areas.

[1952, s. 3; 1969, s. 6. New in pt.]

4. —(1) Subject to subsection (3), each of the areas set out in the Third Schedule and any area which the Minister, with the consent of the Minister for Finance, by order declares to be a designated area shall be a designated area for the purposes of this Act.

(2) An order under subsection (1) may declare an area to be a designated area for such period as is specified in the order.

(3) The Minister may, with the consent of the Minister for Finance, by order terminate the designation of any area, or part thereof, as a designated area.

Remission of rates.

[1972, s. 3]

5. —(1) A local authority may, if they think fit, remit two-thirds of a rate leviable by them in respect of premises to which this section applies.

(2) The remission shall, subject to subsection (3), have effect in respect of the local financial year in which the premises for the industrial undertaking is first rated and in respect of each of the next nine local financial years.

(3) If, in any local financial year, the Authority certifies that the undertaking has failed to observe the terms upon which the premises were provided, the remission shall not have effect in respect of the local financial year.

(4) A remission shall not be granted more than once in respect of the same premises.

(5) Where premises are not separately valued under the Valuation Acts, the Commissioner of Valuation may, on the application of the Authority, apportion to the premises such part as he thinks proper of the rateable valuation of the property of which the premises are part.

(6) The powers conferred on a local authority by this section shall be reserved functions for the purposes of the County Management Acts, 1940 to 1972.

(7) This section applies to premises which—

(a) are certified by the Authority to have been provided for an industrial undertaking either by the Authority or by means of a grant made by the Authority, and

(b) are situate in an area which at the time of the provision of the premises was a designated area under a repealed enactment or is a designated area under this Act.

Triennial review of national industrial performance.

6. —The Minister shall, in the year 1986 and in every third year thereafter, prepare a review of national industrial performance in respect of the previous three years and shall cause the review, and the conclusions arising from such review, to be laid before each House of the Oireachtas.



7. —(1) The Minister may by order revoke or amend an order made by him under any provision of this Act other than section 1 .

(2) An order made under any provision of this Act shall as soon as may be after it is made be laid before each House of the Oireachtas.


8. —The expenses incurred by the Minister 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.


9. —The enactments specified in the Fourth Schedule are hereby repealed to the extent mentioned in the third column of that Schedule.