No. 22/1991:

TRADE AND MARKETING PROMOTION ACT, 1991

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY AND GENERAL

Section

1. Short title, construction and collective citation.

2. Commencement.

3. Interpretation.

4. Expenses.

PART II

AN BORD TRÁCHTÁLA—THE IRISH TRADE BOARD

5. Name and seal of Board.

6. Functions of Board.

7. Policy directives.

8. Increase of non-repayable grants to Board.

9. Constitution of Board.

10. Disclosure of information.

11. Membership of European Parliament.

PART III

TRANSITIONAL PROVISIONS

12. Dissolution of Irish Goods Council.

13. Transfer of staff.

14. Transfer of property.

15. Transfer of rights and liabilities and continuance of pending proceedings.

ACTS REFERRED TO

Number 22 of 1991

TRADE AND MARKETING PROMOTION ACT, 1991

AN ACT TO COMBINE THE FUNCTIONS OF CÓRAS TRÁCHTÁLA AND THE IRISH GOODS COUNCIL IN A SINGLE BODY AND TO PROVIDE FOR RELATED MATTERS.

[16th July, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Trade and Marketing Promotion Act, 1991 .

(2) This Act and the Export Promotion Acts, 1959 to 1987, shall be construed as one Act.

(3) The Export Promotion Acts, 1959 to 1987, and this Act may be cited together as the Trade and Marketing Promotion Acts, 1959 to 1991.

2.—(1) This Act, with the exception of section 8, shall come into operation on the first day of September, 1991.

(2) Section 8 of this Act shall come into operation on the passing of this Act.

3.—In this Act—

"the Board" means the body to which the title "An Bord Tráchtála — The Irish Trade Board" is given by section 5 of this Act;

"the dissolved body" means the Irish Goods Council dissolved by section 12 of this Act;

"functions" includes powers and duties;

"the Minister" means the Minister for Industry and Commerce.

4.—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.

PART II AN BORD TRÁCHTÁLA — THE IRISH TRADE BOARD

5.—(1) The body heretofore known as Córas Tráchtála shall be known as An Bord Tráchtála — The Irish Trade Board.

(2) The Board may provide itself with a new seal.

6.—(1) The Board shall promote, assist and develop in any manner which the Board considers necessary or desirable the marketing of Irish goods and such services as are specified by the Minister by order.

(2) The Minister may by order revoke or amend any order made by him under this section, including this subsection.

(3) It shall be the duty of the Board to advise the Minister on matters affecting or in any way connected with its functions.

(4) The Board shall have all such powers as are necessary for the purposes of its functions.

(5) Without prejudice to the generality of the foregoing subsections and in addition to the powers conferred on the Board by any other provision of this Act, the Board shall have power—

( a ) to purchase, take on lease or in exchange, or otherwise acquire any lands or buildings in the State or elsewhere and any estate or interest in and any rights connected with any such lands or buildings,

( b ) to apply for and to receive, in the State or elsewhere, any trade marks, licences, protections or concessions and, in relation thereto, to do all such things as the Board considers necessary or desirable for the purposes of its functions,

( c ) to dispose of any lands or buildings held by the Board which appear to the Board to be no longer required by the Board for the performance of its functions.

(6) The Board shall, in respect of the promotion, assistance or development by the Board of the marketing of any goods or services in relation to which a Minister exercises any function. act in consultation with that Minister.

(7) An order under section 4 (1) ( a ) of the Export Promotion Act, 1959 , as amended by the Export Promotion (Amendment) Act, 1983 , 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.

(8) Section 4 of the Export Promotion Act, 1959 , is hereby repealed.

7.—(1) The Minister may give the Board such general policy directives as he considers appropriate having regard to the provisions of this Act.

(2) The Minister shall cause any directive given by him under subsection (1) of this section to be laid before each House of the Oireachtas within 21 days after it has been so given.

(3) The Board shall comply with every directive given to it under this section and shall set out the directive in its annual report and shall include in its annual report an account of the actions which it has undertaken to give effect to the directive.

8.—The aggregate amount of the sums which the Minister with the consent of the Minister for Finance may pay to the Board for the purpose of enabling it to exercise or perform its functions (excluding any sum paid to it under section 4 of the Export Promotion (Amendment) Act, 1963 ) shall not exceed £400,000,000 and, accordingly, section 16 (1) of the Export Promotion Act, 1959 , as amended, shall be construed as if that sum were substituted for the sum mentioned therein.

9.—(1) The Board shall consist of not less than three and not more than eight members, one of whom shall be chairman of the Board.

(2) Section 5 (1) of the Export Promotion Act, 1959 , is hereby repealed.

10.—(1) A person shall not, without the consent of the Board, save as otherwise provided by law, disclose any information obtained by him while performing duties as a member of the Board or as an officer or servant of, or a consultant or adviser to, the Board.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

11.—(1) Where a member of the Board is

( a ) nominated as a candidate for election to the European Parliament, or

( b ) regarded pursuant to section 15 (inserted by the Act of 1984) of the Act of 1977 as having been elected to the European Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Board.

(2) Where an officer or servant of the Board becomes a member of the European Parliament, section 14 of the Export Promotion Act, 1959 , shall apply to him as it applies to a person who becomes a member of either House of the Oireachtas.

(3) A person who is a member of the European Parliament shall, while he is such a member, be disqualified from becoming a member of the Board or an officer or servant of the Board.

(4) In this section—

"the Act of 1977" means the European Assembly Elections Act, 1977 ;

"the Act of 1984" means the European Assembly Elections Act, 1984 .

PART III TRANSITIONAL PROVISIONS

12.—The Irish Goods Council ("the dissolved body"), a company limited by guarantee and not having a share capital, is hereby dissolved.

13.—A person who, immediately before the dissolution of the dissolved body, was an officer or servant of the dissolved body shall on the commencement of this section become and be an officer or servant of the Board on terms and conditions not less favourable than those applicable to that person immediately before that commencement.

14.—(1) On the commencement of this section all property, including choses-in-action, which immediately before that commencement was the property of the dissolved body shall stand vested in the Board without any conveyance or assignment.

(2) Every chose-in-action transferred by subsection (1) of this section to the Board may be sued on and recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

15.—(1) All rights and liabilities of the dissolved body shall on the commencement of this section stand transferred to the Board.

(2) Every right and liability transferred by subsection (1) of this section to the Board may be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board to give notice to the person whose right or liability is transferred by this section of such transfer.

(3) All legal proceedings pending immediately before the commencement of this section to which the dissolved body was a party shall be continued with the substitution for the dissolved body of the Board.