First Previous (PART 2 Science Foundation Ireland)

30 2003

Industrial Development (Science Foundation Ireland) Act 2003

PART 3

Amendment of Industrial Development Acts 1986 to 1998 and Shannon Free Airport Development Company Acts 1959 to 1998

Amendment of section 21 of Act of 1986.

28. —Section 21 of the Act of 1986 is amended by deleting subsection (5) of that section.

Amendment of section 25 of Act of 1986.

29. —The Act of 1986 is amended by substituting the following for section 25:

“Employment grants.

25.—(1) The Authority may make a grant on such terms and conditions as it thinks proper in respect of a person employed in an industrial undertaking which conforms to the criteria set out in subsections (3) and (4) of section 21.

(2) Without the prior permission of the Government, the total amount of money granted to a particular undertaking under this section shall not exceed in the aggregate the higher of—

(a) €5,000,000, or

(b) €5,000,000 in excess of the aggregate amount of such expenditure for which the prior permission of the Government has previously been obtained.”.

Amendment of section 28 of Act of 1986.

30. —Section 28 of the Act of 1986 is amended by substituting the following for subsection (4) (as amended by the Act of 1998):

“(4) Without the prior permission of the Government, the total amount of money granted to a particular undertaking under this section shall not exceed in the aggregate the higher of—

(a) €5,000,000, or

(b) €5,000,000 in excess of the aggregate amount of such expenditure for which the prior permission of the Government has previously been obtained.”.

Amendment of section 29 of Act of 1986.

31. —The Act of 1986 is amended by substituting the following for section 29 (as amended by the Act of 1998):

“Research grants.

29.—(1) Following consultation with such bodies as may be specified by the Minister from time to time, the Authority may make a grant (in this section referred to as a research grant), subject to subsection (5), on such terms and conditions as it thinks proper towards the cost of research and development to which this section applies.

(2) This section applies to research and development which—

(a) has as its primary object the promotion or development of new or improved industrial processes, methods or products, and, in particular, such processes, methods or products as are likely either to involve the use or development of local materials, agricultural products or other natural resources or to offer prospects of expansion in existing industry, promotion of new industry or to increase industrial employment or to enhance the viability, competitiveness or strategic importance of existing industry in the State, and

(b) is carried out wholly or mainly in the State and wholly or mainly sponsored by one or more than one industrial undertaking in the State.

(3) For the purpose of a research grant the Authority may consult such adviser, consultant, institute or other organisation or person as it considers proper.

(4) (a) Subject to paragraph (b), the amount of a research grant shall not exceed 50 per cent of the approved costs of the research and development concerned or €2,500,000 whichever is the smaller sum.

(b) The amount of a research grant may, with the approval of the Government in a particular case, exceed €2,500,000 by such sum as the Government shall in that case specify, provided that the percentage limit specified in paragraph (a) is not exceeded.

(c) In this section ‘approved costs’ means in relation to a particular research grant, such expenditure by the industrial undertaking or undertakings concerned as the Authority is satisfied has been or will be incurred for the purpose of promoting the research and development concerned and has been or will be expended on—

(i) the provision of sites or premises (including the acquisition of land), the construction and adaptation of buildings, and the provision of services and other works;

(ii) the provision of plant, machinery, equipment and materials;

(iii) the payment of fees or other remuneration to technical advisers consulted in connection with the research and development;

(iv) the salaries and wages paid to and the travel and subsistence expenses of persons engaged on the research and development or in identifying product or process development prospects within the industrial undertaking; and

(v) overhead charges associated with the research and development concerned.

(5) The Authority may, in the case of small industrial undertakings as defined from time to time by the Minister, make payment of up to one-third of a research grant prior to the approved costs being incurred on condition that the amount so paid shall be repaid to the Authority if the research or development project concerned has not been carried out to the satisfaction of the Authority.

(6) The Authority shall not make a payment under subsection (5) unless it is satisfied that the industrial undertaking has available to it sufficient assets to cover its liability under that subsection.

(7) The Authority shall not, without the prior permission of the Government, give in respect of a particular industrial undertaking, research grants exceeding in the aggregate the higher of—

(a) €2,500,000; or

(b) €2,500,000 in excess of the aggregate amount of research grants for which the permission of the Government has previously been obtained by the Authority.”.

Amendment of section 31 of Act of 1986.

32. —Section 31 of the Act of 1986 is amended by substituting the following for subsection (4) (as amended by the Act of 1998):

“(4) Without the prior permission of the Government, the total amount of money expended in the purchase or taking of shares in a particular industrial undertaking under this section shall not exceed in the aggregate the higher of—

(a) €5,000,000; or

(b) €5,000,000 in excess of the aggregate amount of such expenditure for which the prior permission of the Government has previously been obtained.”.

Amendment of section 34 of Act of 1986.

33. —The Act of 1986 is amended by substituting the following for section 34:

“Aggregate limit on investment aid.

34.—Without the prior permission of the Government, the total amount of money granted under sections 21 (as amended by the Industrial Development (Science Foundation Ireland) Act 2003), 22 or 25 (inserted by the Industrial Development (Science Foundation Ireland) Act 2003) to a particular undertaking or expended in the purchase or taking of shares in the same industrial undertaking under section 31 (as amended by the Industrial Development (Science Foundation Ireland) Act 2003) shall not exceed in the aggregate the higher of—

(a) €10,000,000; or

(b) €10,000,000 in excess of the aggregate amount of such grants for which the prior permission of the Government has previously been obtained.”.

Amendment of Shannon Free Airport Development Company (Amendment) Act 1986.

34. —The Shannon Free Airport Development Company (Amendment) Act 1986 is amended—

(a) in section 2, by substituting “€350,000,000” for “£200,000,000” (inserted by the Act of 1998), and

(b) in section 3, by substituting “€400,000,000” for “£250,000,000” (inserted by the Act of 1998).

Amendment of Act of 1993.

35. —The Act of 1993 is amended—

(a) in section 6(1) by substituting the following for paragraph (b) (as amended by the Act of 1998):

“(b) to advise on the development and co-ordination of policy for Enterprise Ireland, IDA and Science Foundation Ireland and such other bodies (established by or under statute) as the Minister may by order designate,”,

(b) in section 6(1) by substituting the following for paragraph (e) (as amended by the Act of 1998):

“(e) to advise and co-ordinate Enterprise Ireland, IDA and Science Foundation Ireland in relation to their functions.”,

(c) in section 9(1) (as amended by the Act of 1998) by inserting “, IDA or Science Foundation Ireland” for “or IDA”,

(d) in section 9(3) (as amended by the Act of 1998) by substituting “Forfás, Enterprise Ireland, IDA and Science Foundation Ireland” for “Forfás, Enterprise Ireland and IDA”,

(e) by substituting the following for section 11:

“Grants.

11.—(1) There may be paid by the Minister to Forfás, IDA, Enterprise Ireland and Science Foundation Ireland, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the consent of the Minister for Finance, may sanction for—

(a) the administrative and general expenses of Forfás, IDA, Enterprise Ireland and Science Foundation Ireland, and

(b) the obligations and liabilities of Forfás, IDA, Enterprise Ireland and Science Foundation Ireland.

(2) The aggregate amount of grants made by the Minister to Forfás, and the agencies under subsection (1)(b) (other than grants to which section 14(3) of the Act of 1986 applies) shall not exceed €3,400,000,000.”,

(f) by substituting the following for section 12:

“Industrial incentives.

12.—(1) Without the prior permission of the Government, the total amount of money granted to a particular industrial undertaking under sections 21 (as amended by the Industrial Development (Science Foundation Ireland) Act 2003) and 22 of the Act of 1986 shall not exceed in the aggregate the higher of—

(a) €5,000,000, or

(b) €5,000,000 in excess of the aggregate amount of such grants for which the prior permission of the Government has previously been obtained.”,

(g) in the First Schedule by—

(i) substituting the following for paragraph 2(2) (as amended by the Act of 1998):

“(2) The Board of Forfás shall consist of not more than 13 members and the Board of IDA shall consist of not more than 12 members.”,

and

(ii) substituting the following for paragraph 3(1) (as amended by the Act of 1998):

“(1) On every anniversary of the establishment day, 2 of the members of the Board shall retire from office.”,

and

(h) in paragraph 2(2) (as amended by the Act of 1998) of the Second Schedule by substituting “IDA, Enterprise Ireland, National Standards Authority of Ireland or Science Foundation Ireland” for “IDA, Enterprise Ireland or the National Standards Authority of Ireland”.

Amendment of section 10 of Act of 1995.

36. —Section 10 (as amended by the Finance Act 1999 ) of the Act of 1995 is amended in paragraph (3)(a) by substituting “€500,000,000” for “£200,000,000”.

Amendment of Act of 1998.

37. —Section 52 of the Act of 1998 is amended by substituting “IDA, NSAI or Science Foundation Ireland” for “IDA or the NSAI”.


DUBLIN

PUBLISHED BY THE STATIONERY OFFICE