Industrial Development (Amendment) Act 2019

Amendment of Industrial Development Act 1986

1. (1) Section 29 of the Act of 1986 is amended—

(a) in subsection (2)—

(i) in paragraph (a)—

(I) by the substitution of “industrial or non-industrial processes” for “industrial processes”, and

(II) by the substitution of “agricultural or horticultural products” for “agricultural products”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) is wholly or mainly sponsored by one or more than one industrial undertaking in the State,”,

and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) involves the payment of a research grant towards the costs of the project incurred within the State.”,

(b) by the insertion of the following subsection after subsection (2):

“(2A) (a) Subject to paragraph (b), in respect of a project where part of the approved costs are incurred in the State and part of the approved costs are incurred outside the State, Enterprise Ireland may apply a different grant rate or rates in respect of the approved costs incurred in the State from the rate or rates in respect of the approved costs incurred outside the State.

(b) In relation to a project referred to in paragraph (a), the aggregate amount of the research grant or grants payable in respect of the approved costs incurred outside the State shall not exceed the amount of the research grant or grants payable in respect of the approved costs incurred in the State.”,

(c) in subsection (4)—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) Subject to paragraph (b), the amount of a research grant shall not exceed €7,500,000.”,

and

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) The amount of a research grant may, with the approval of the Government in a particular case, exceed €7,500,000 by such sum as the Government shall in that case specify.”,

and

(d) in subsection (5), by the substitution of “in the case of industrial undertakings,” for “in the case of small industrial undertakings as defined from time to time by the Minister,”.

(2) The amendments effected by subsection (1) shall apply only insofar as they relate to a research grant made or intended to be made by Enterprise Ireland and section 29 of the Act of 1986 shall continue to apply insofar as it relates to a research grant made or intended to be made by the Industrial Development Authority as if the amendments effected by subsection (1) had not been made.

(3) Section 31 of the Act of 1986 is amended by the insertion of the following subsection after subsection (4):

“(5) This section shall not apply to Enterprise Ireland.”.

(4) Section 34 of the Act of 1986 is amended—

(a) by the designation of that section as subsection (1), and

(b) by the insertion of the following subsection after subsection (1):

“(2) This section shall not apply to Enterprise Ireland.”.

(5) In this section, “Act of 1986” means the Industrial Development Act 1986 .