No. 19/1994:

DÚN LAOGHAIRE HARBOUR ACT, 1994

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Development in Dún Laoghaire Harbour.

3 Establishment of Dún Laoghaire Harbour (Finance) Board.

4 Directions by Minister to Board.

5 Functions of Board and related powers of Minister and Minister for Finance.

6 Dún Laoghaire Harbour Development Fund.

7 Guaranteeing by Minister for Finance of borrowing by Board.

8 Annual report by the Board with respect to fund.

9 Provision of money in respect of sums payable by Minister for Finance.

10 Expenses.

11 Short title, construction and collective citation.

SCHEDULE

AN ACT TO MAKE PROVISION IN RELATION TO THE CARRYING OUT BY THE MINISTER FOR THE MARINE OF DEVELOPMENT IN DÚN LAOGHAIRE HARBOUR AND, IN PARTICULAR, IN RELATION TO THE FINANCING OF SUCH DEVELOPMENT AND FOR THOSE PURPOSES TO ESTABLISH A BODY TO BE KNOWN AS THE DÚN LAOGHAIRE HARBOUR (FINANCE) BOARD AND TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR RELATED MATTERS.

[10th July, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act

"the Board" has the meaning assigned to it by section 3;

"development" has the meaning assigned to it by section 3 of the Local Government (Planning and Development) Act, 1963 , with the modification that the references in that section to land shall be construed as including references to foreshore (within the meaning of the Foreshore Act, 1933 );

"expenses" includes liabilities (whether arising by virtue of an agreement or otherwise);

"the fund" has the meaning assigned to it by section 6;

"the Minister" means the Minister for the Marine;

"the Principal Act" means the Dún Laoghaire Harbour Act, 1990.

(2) In this Act a reference to expenses incurred by the members of the Board shall be construed as a reference to expenses incurred by the said members in their capacity as such members and like references shall be construed accordingly.

(3) In this Act—

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

( b ) a reference to a subsection or paragraph is a reference to the subsection or paragraph 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 enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

2.—(1) The Minister shall have, and be deemed always to have had, power to carry out, or procure the carrying out of, development in Dún Laoghaire Harbour.

(2) The power referred to in subsection (1) is not in substitution for any other power standing conferred on the Minister in relation to Dún Laoghaire Harbour immediately before the passing of this Act.

(3) A permission granted under the Local Government (Planning and Development) Act, 1963 , for development in Dún Laoghaire Harbour shall not be, and shall not be regarded as ever having been, invalid by reason of the fact that the Minister was by virtue of section 4 of the Local Government (Planning and Development) Act, 1993 , not required to apply therefor.

3.—(1) There shall stand established, on the passing of this Act, a body to be known as the Dún Laoghaire Harbour (Finance) Board, and in this Act referred to as "the Board", to perform the functions conferred on it by this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and to be sued in its corporate name.

(3) The provisions of the Schedule to this Act shall have effect with respect to the Board.

4.—(1) The Minister, with the consent of the Minister for Finance, may, whenever and so often as he or she thinks fit, give a direction in writing to the Board for the purposes of section 5 or 6.

(2) The Minister, with the consent of the Minister for Finance, may give a direction in writing to the Board amending or revoking a direction under this section (including a direction under this subsection).

5.—(1) It shall be the duty of the Board, where the Minister gives to it a direction in that behalf under section 4, to secure, from such source or sources as it thinks appropriate, the payment to it of an amount of moneys equal to the amount of moneys that the Minister specifies in the direction to be necessary to defray such expenses incurred or to be incurred by the Minister in carrying out, or procuring the carrying out of, development in Dún Laoghaire Harbour as are so specified.

( 2 ) ( a ) For the purpose of carrying out its duty under subsection (1), the Board, with the consent of the Minister given with the concurrence of the Minister for Finance, may borrow moneys (including moneys in a currency other than the currency of the State) from persons other than the Minister for Finance.

( b ) The aggregate at any one time of borrowings under paragraph ( a ) shall not exceed £20 million.

( c ) For the purposes of this subsection, moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated at the rate of exchange prevailing at the time of the borrowing for that currency and the currency of the State.

(3) For the purposes of enabling the Board to carry out its duty under subsection (1), or to repay the principal of moneys borrowed by it under subsection (2) ( a ) or to pay interest on such borrowings or any commission and incidental expenses arising in connection with such borrowings—

( a ) the Minister for Finance may make loans to the Board the aggregate amount of which standing unrepaid at any one time shall not exceed £20 million,

( b ) the Minister may—

(i) by order provide that, to the extent specified in the order, sums that are payable in respect of tolls, rates, dues and other charges by virtue of the exercise by the Minister of the powers mentioned in section 8 of the Principal Act shall be appropriated to, and become part of, the fund,

(ii) with the consent of the Minister for Finance, make non-repayable grants to the Board.

(4) A loan under subsection (3) ( a ) shall be subject to such terms and conditions (including terms and conditions relating to the payment of interest on the loan and the repayment of the loan) as the Minister for Finance may determine.

(5) Where moneys lent to the Board under subsection (3) ( a ) have not been repaid in accordance with the terms and conditions determined under subsection (4), the amounts so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(6) Notwithstanding the provision of moneys under subsection (5) to repay an amount to the Central Fund, the Board shall remain liable to the Minister for Finance in respect of that amount and that amount (together with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the Minister for Finance by the Board at such times and in such instalments as the Minister for Finance appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable by the Minister for Finance from the Board as a simple contract debt in any court of competent jurisdiction.

(7) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

6.—(1) The Board shall, as soon as may be after the passing of this Act, establish, maintain and manage in accordance with the provisions of this Act, a fund which shall be known as the Dún Laoghaire Harbour Development Fund and is in this Act referred to as "the fund".

(2) The fund shall consist of such accounts as the Minister may, after consultation with the Minister for Finance, determine.

(3) The Board shall pay into the fund all moneys received by it in carrying out its duty under section 5 (including moneys received by it under paragraph ( a ) or (b) of subsection (3) of that section).

(4) The Board shall pay out of the fund, where the Minister gives to it a direction in that behalf under section 4, whichever of the following the direction relates to, namely—

( a ) the amount of moneys that the Minister specifies in the direction to be necessary to defray such expenses incurred by the Minister in carrying out, or procuring the carrying out of, development in Dún Laoghaire Harbour as are so specified,

( b ) the amount of moneys that the Minister specifies in the direction to be necessary—

(i) to repay such principal of any moneys borrowed by the Board under subsection (2) of section 5 or lent to the Board by the Minister for Finance under subsection (3) ( a ) of that section, or

(ii) to pay such interest on any borrowings or loan as aforesaid (including such interest thereon as the Minister for Finance may appoint under section 5 (6) or section 7 (7)) or such commission and incidental expenses arising in connection with any borrowings as aforesaid,

as is or are so specified,

( c ) the amount of moneys that the Minister specifies in the direction to be necessary to defray such other liabilities of the Board as are so specified,

( d ) the amount of moneys that the Minister specifies in the direction to be necessary to defray such expenses incurred by the members of the Board as are so specified.

(5) Moneys required to be paid out of the fund under subsection (4) shall be so paid out to the person or persons specified in that behalf in the relevant direction of the Minister (including, in the case of expenses of members of the Board, to such members as are so specified).

(6) Any moneys paid out of the fund under and in accordance with this section by the Board to a person on account of any liability (whether arising by virtue of an agreement or otherwise) of the Minister to that person shall be a good and sufficient discharge of such liability of the Minister to that person.

( 7 ) ( a ) If the Minister is of opinion, after consultation with the Minister for Finance, that any moneys in the fund are for the time being not immediately required for the making of payments under subsection (4), he or she may authorise the Board to invest those moneys in securities in which trustees are for the time being authorised by law to invest trust funds and the Board may invest those moneys accordingly.

( b ) The Board may from time to time at its discretion and shall, where requested by the Minister to do so, vary or sell any investments authorised under this subsection or, as the case may be, such of those investments and in such manner as the Minister specifies in the request.

( c ) All dividends and interest received by the Board on investments made by it under this subsection and the proceeds of the sale of any such investments shall be paid into the fund.

(8) As soon as may be after the end of each financial year of the Board, the Board shall submit the accounts of the fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.

7.—(1) In relation to borrowings by the Board under section 5 (2), the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as the Minister thinks fit, the due repayment by the Board of the principal of any moneys borrowed by the Board or the payment of interest on such moneys or both the repayment of such principal and the payment of such interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings.

(2) The Minister for Finance shall not so exercise the powers conferred on him or her by this section that the amount, or the aggregate amount, of moneys which he or she may at any one time be liable to pay on foot of any guarantee or guarantees under this section for the time being in force, exceeds £20 million.

(3) For the purpose of calculating the amount of borrowings or other moneys guaranteed by the Minister for Finance under this section by reference to the limit on moneys in subsection (2), the equivalent in the currency of the State of borrowings or other moneys in a foreign currency shall be calculated at the rate of exchange prevailing at the time of the giving of the guarantee for that currency and the currency of the State.

(4) The Minister for Finance shall, as soon as may be after the expiration of every financial year of the Board, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

( a ) particulars of the guarantee,

( b ) in case any payment has been made by him or her under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him or her on foot of the payment, and

( c ) the amount of moneys covered by the guarantee which was outstanding at the end of that year.

(5) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to the Minister for Finance (with interest thereon at such rate or rates as he or she appoints) by the Board within such period from the date of payment by the Minister for Finance as may be specified by him or her after consultation with the Board.

(6) Where the whole or any part of the moneys required by subsection (5) to be repaid to the Minister for Finance has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(7) Notwithstanding the provision of moneys under subsection (6) to repay an amount to the Central Fund, the Board shall remain liable to the Minister for Finance in respect of that amount and that amount (together with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to the Minister for Finance by the Board at such times and in such instalments as he or she appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable by him or her from the Board as a simple contract debt in any court of competent jurisdiction.

(8) In relation to a guarantee under this section in money in a currency other than the currency of the State—

( a ) each of the references to principal, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual interest or, the actual commission and incidental expenses, as may be appropriate;

( b ) the reference to the amount of moneys in subsection (4) ( c ) shall be taken as referring to the equivalent in the currency of the State of the actual amount of moneys, such equivalent being calculated according to the rate of exchange prevailing for the time being for that currency and the currency of the State;

( c ) each of the references to moneys in subsections (5) to (7) shall be taken as referring to the cost in the currency of the State of the actual moneys.

8.—As soon as may be, but not later than 3 months, after the end of each financial year of the Board, the Board shall make a report to the Minister with respect to the operation by it of the fund during that financial year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

9.—All money from time to time required by the Minister for Finance to meet sums which may become payable by him or her under section 5 (3) ( a ) or section 7 shall be advanced out of the Central Fund or the growing produce thereof.

10.—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.

11.—(1) This Act may be cited as the Dún Laoghaire Harbour Act, 1994.

(2) The Principal Act and this Act may be cited together as the Dún Laoghaire Harbour Acts, 1990 and 1994, and shall be construed together as one.

Section 3.

SCHEDULE

THE DÚN LAOGHAIRE HARBOUR (FINANCE) BOARD

1. The Board shall consist of not less than three nor more than five members who shall be appointed to be such members by the Minister.

2. (1) Subject to the provisions of this Schedule, members of the Board shall hold office for such period and on such terms and conditions as the Minister may determine.

(2) The Minister may at any time remove a member of the Board from office.

(3) A member of the Board may at any time resign from office by letter addressed to the Minister.

(4) A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment as such member.

3. (1) There shall be a chairperson of the Board who shall be appointed by the Minister from amongst the members of the Board.

(2) Subject to the provisions of this Schedule, the chairperson of the Board shall hold office as such chairperson for such period and on such other terms and conditions as the Minister may determine.

(3) The Minister may at any time remove the chairperson of the Board from his or her office as such chairperson.

(4) The chairperson of the Board may at any time resign from office as such chairperson by letter addressed to the Minister.

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

( a ) nominated as a member of Seanad Éireann, or

( b ) elected as a member of either House of the Oireachtas or to the European Parliament, or

( c ) regarded pursuant to section 15 (inserted by the European Parliament Elections Act, 1993 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

that person shall thereupon cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while that person is so entitled or is such a representative, be disqualified from becoming a member of the Board.

(3) Where a member of the Board has a material interest in a matter which is under consideration or within the remit of the Board, he shall declare that interest to the Board and shall not participate in any proceedings of the Board in relation to that matter.

(4) A member of the Board shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

5. The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

6. The Minister may fix the date, time and place of the first meeting of the Board.

7. The quorum for a meeting of the Board shall—

( a ) if the number of members of the Board is three, be two, and

( b ) if the number of members of the Board is more than three, be three.

8. At a meeting of the Board—

( a ) the chairperson of the Board shall, if present, be the chairperson of the meeting, and

( b ) if and so long as the chairperson of the Board is not present or if the office of chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting.

9. The chairperson of the Board, and each other member of the Board, present at a meeting shall have a vote.

10. Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

11. The Board may act notwithstanding one or more than one vacancy among its members.

12. Subject to the provisions of this Schedule, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

ACTS REFERRED TO