Sugar Manufacture (Amendment) Act, 1962

Guarantee of borrowings.

5.—(1) (a) The Minister may, if he so thinks fit, guarantee a loan to a company (thereafter in this section referred to as the borrowing company) which is the Company or an approved subsidiary company.

(b) In this subsection “loan” does not include a loan capable of being guaranteed under section 8 of the Principal Act.

(2) Whenever the Minister guarantees a loan under this section, he may guarantee, in such form and manner and on such terms and conditions as he considers proper, the due repayment by the borrowing company of the principal of the loan or the payment of interest on the loan or both the repayment of such principal and the payment of such interest.

(3) Where a guarantee under this section is or has been given, the borrowing company shall, if the Minister so requires, give to him such security (including, in particular, debentures) as may be specified in the requisition for the purpose of securing to the Minister the repayment of any moneys which he may be liable to pay or has paid under the guarantee.

(4) The Minister shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee given under this section 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 the Minister under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to the Minister on foot of the payment,

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

(5) Moneys paid by the Minister under a guarantee under this section shall be repaid to the Minister (with interest thereon at such rates as he appoints) by the borrowing company within two years from the date of the advance of the moneys out of the Central Fund.

(6) Where the whole or any part of moneys paid by the Minister under a guarantee under this section has not been repaid in accordance with subsection (5) of this section, 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) of this section to repay an amount to the Central Fund, the borrowing company shall remain liable to the Minister in respect of that amount and that amount (with interest thereon at such rates as the Minister appoints) shall be repaid to the Minister by the borrowing company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.