Scientific and Technological Education (Investment) Fund Act, 1997

Payments out of the Fund.

4.—(1) Whenever and so often as the Minister considers that it is appropriate that such a payment be made out of the Fund, the Minister may, subject to the provisions of this section, pay out of the Fund such an amount of moneys as he or she determines for the purpose of defraying, in whole or in part, capital expenditure for the purposes of, or relating to—

(a) the provision of scientific, technological or vocational education in—

(i) a body to which section 4(1) of the Universities Act, 1997, applies,

(ii) a college within the meaning of the Regional Technical Colleges Act, 1992 ,

or

(iii) the Dublin Institute of Technology,

(b) scientific, technological or vocational education and training programmes the primary objective of which is to equip the persons participating in such programmes with skills for which, in the opinion of the Minister, there is a special need,

(c) (i) the carrying out of scientific and technological research and/or development by or on behalf of a body, college or institute referred to in paragraph (a),

(ii) the making use by or on behalf of such a body, college or institute, for commercial purposes (including by way of any process of manufacturing), of the results of any research and development aforesaid,

(d) programmes the primary objective of which is to improve the ability of students and teachers in primary and postprimary schools to use computers and other types of information technology,

(e) such other scientific, technological or vocational education and training programmes (howsoever established) as the Minister, with the consent of the Minister for Finance, considers appropriate.

(2) Subject to subsection (3), any payment of moneys out of the Fund shall be made to the person who has incurred or will incur the capital expenditure concerned or, as the case may be, has incurred or will incur the liability to defray such expenditure.

(3) The following provisions shall have effect in relation to a payment of moneys out of the Fund in respect of an activity carried on by or on behalf of an institution of higher education—

(a) the Minister shall consult with An tÚdarás um Ard-Oide-achas (“An tÚdarás”) before making such a payment,

(b) every such payment shall be made to An tÚdarás but, immediately after the requirements imposed on that body by or under any enactment (other than this section) in relation to payments to institutions of higher education have been complied with as respects the moneys concerned, subsection (2) shall have effect as respects those moneys as if the duty imposed by that subsection were one expressed to be imposed on An tÚdarás.

(4) Payments shall only be made out of the Fund with the consent of the Minister for Finance.

(5) Without prejudice to the preceding provisions of this section, no payment shall be made out of the Fund in respect of an activity referred to in paragraph (c)(ii) of subsection (1) if the activity is carried on otherwise than in accordance with such guidelines as may be issued by the Minister, with the consent of the Minister for Finance, for the purposes of that paragraph and the Minister shall cause copies of the guidelines to be laid before each House of the Oireachtas within 3 months after they have been issued.

(6) For the avoidance of doubt, references in this section to capital expenditure include references to expenditure in respect of the provision of equipment of whatsoever kind.