Harbours Act, 1996

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Annual report, chairperson's report and furnishing of information to Minister.

28.—(1) A company shall, not later than 6 months after the end of each accounting year of the company, make a report to the Minister of its activities and those of any subsidiaries during that year and the Minister shall cause copies of the report, together with the accounts in respect of that year and the auditor's report thereon presented to him or her by the company under section 27 , to be laid before each House of the Oireachtas.

(2) A report referred to in subsection (1) shall include information, in such form as the Minister may direct after consultation with the company and with the consent of the Minister for Finance, regarding the operations and cost-effectiveness of the company and any subsidiaries and the financial targets over the next 5 years following the preparation of the report of the company and any subsidiaries.

(3) A company shall, if so required by the Minister, furnish to the Minister such information as he or she may require in respect of any balance sheet or other account or any report of the company or any subsidiaries or in relation to the policy and operations (other than day-to-day operations) of the company or any subsidiaries.

(4) The chairperson of a company shall, not later than 6 months after the end of each accounting year of the company, make a report to the Minister which shall contain—

(a) a statement of all significant developments involving the company which occurred in that year (including the acquisition of shares or establishment of subsidiaries by the company) and, so far as such a description is not included in such a statement, a description of any acquisitions or disposals of land made by the company during that year, a description of which had not been included in a report under this subsection for the preceding accounting year,

(b) a description of each of the following things the chairperson anticipates will occur in the accounting year next following the said year, namely—

(i) acquisitions of land by the company,

(ii) disposals by the company of any of its land (whether by sale or the grant of a lease),

(c) a description of the matters (other than those referred to in paragraph (b)) the chairperson anticipates will arise in the accounting year next following the said year (or, where the chairperson considers it appropriate in any particular case, any subsequent accounting year) which may affect the company to any significant extent,

(d) a statement, to the best of the chairperson's knowledge or belief, as to whether each of the following, as respects the company, has been complied with or adhered to in the said year, namely—

(i) the requirements of this Act or any other enactment in relation to the accounts of a company and statements as to the financial affairs of a company,

(ii) guidelines issued by the Government or the Minister for Finance in relation to the accounts of State enterprises or statements in respect of their financial affairs,

(iii) section 32 ,

(iv) any code of conduct for the directors and members of staff of State enterprises issued by the Government or the Minister for Finance,

(v) section 15 ,

(vi) regulations for the time being in force under the European Communities Act, 1972 , or guidelines issued by the Government or the Minister for Finance, in relation to the entering by a public authority into a contract with any person for the provision of goods or services by that person to the authority,

(vii) any guidelines issued by the Government or the Minister for Finance in relation to the remuneration to be paid by State enterprises to their chief executives,

(e) where any thing referred to in paragraph (d) is stated not to have been complied with or adhered to, an explanation (so far as the chairperson is in a position to give one) as to why the thing was not complied with or adhered to.

(5) In this section “State enterprises” has the same meaning as it has in section 15 (4).