Turf Development Act, 1998

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Number 26 of 1998


TURF DEVELOPMENT ACT, 1998


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and collective citation.

2.

Interpretation.

3.

Provision in relation to orders.

4.

Repeal.

5.

Expenses of Minister and Minister for Finance.

PART II

Bord na Móna, public limited company

6.

The vesting day.

7.

Formation of Bord na Móna, public limited company.

8.

Name and capital formation of Company.

9.

Form of memorandum of association of Company.

10.

Form of articles of association of Company.

11.

Restriction on alteration of memorandum or articles of association.

12.

Issue of share to Minister.

13.

Issue of shares to subscribers to memorandum of association of Company.

14.

Obligation of certain shareholders to hold shares in trust.

15.

Issue of shares to Minister for Finance.

16.

Exercise of powers by Minister for Finance in respect of shares.

17.

Payment of dividends, etc., into Exchequer.

18.

Directors.

19.

Chairperson of Company.

20.

Terms and conditions of office of chairperson and other directors.

21.

Payment by Minister for Finance to Company.

22.

Borrowing by Company and subsidiaries.

23.

Guaranteeing by Minister for Finance of borrowing.

24.

Accounts and audits.

25.

Auditor of Company.

26.

Managing Director.

27.

Regard to be had to certain matters in determining remuneration of staff.

28.

Superannuation of whole-time directors.

29.

Superannuation of staff of Company and subsidiaries.

30.

Membership of either House of Oireachtas or European Parliament.

31.

Disclosure by directors and members of staff of Company and subsidiaries of certain interests.

32.

Prohibition on unauthorised disclosure of information.

33.

Annual report and furnishing of information to Minister.

PART III

Subsidiaries

34.

Formation and registration of subsidiaries.

35.

Transfer day.

36.

Principal objects of subsidiaries.

37.

Additional objects of subsidiaries.

38.

Form of memoranda of association of subsidiaries.

39.

Form of articles of association of subsidiaries.

40.

Restriction on alteration of memoranda or articles of association of subsidiaries.

41.

Capital formation of subsidiaries.

42.

Chairpersons of subsidiaries.

43.

Directors of subsidiaries.

44.

Terms and conditions of office of chairpersons and directors of subsidiaries.

45.

Auditors of subsidiaries.

46.

Staff of subsidiaries.

47.

Transfer of property to subsidiaries.

48.

Use of land of Company by subsidiaries.

49.

Transfer of rights and liabilities to subsidiaries.

50.

Adaptation of enactments.

PART IV

Miscellaneous

51.

Transfer of staff of Board to Company.

52.

Transfer of assets and liabilities of Board to Company.

53.

Performance of functions of Company and subsidiaries by members of staff.

54.

Preservation of certain continuing contracts and adaptation of references to Board in certain documents.

55.

Pending legal proceedings to which Board is a party.

56.

Protection of environment and archaeological heritage.

57.

Dissolution of Bord na Móna.

58.

Application of Turf Development Acts, 1946 to 1995.

59.

Application of Worker Participation (State Enterprises) Acts, 1977 to 1993.

60.

Application of certain provisions of Tax Acts.

61.

Restriction of Land Act, 1965.


Acts Referred to

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1990

Energy (Miscellaneous Provisions) Act, 1995

1995, No. 35

European Parliament Elections Act, 1997

1997, No. 2

Land Act, 1965

1965, No. 2

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Organisation of Working Time Act, 1997

1997, No. 20

Redundancy Payments Acts, 1967 to 1991

Taxes Consolidation Act, 1997

1997, No. 39

Turf Development Act, 1946

1946, No. 10

Turf Development Act, 1953

1953, No. 19

Turf Development Act, 1957

1957, No. 10

Turf Development Act, 1990

1990, No. 22

Turf Development Acts, 1946 to 1995

Unfair Dismissals Acts, 1977 to 1993

Worker Participation (State Enterprises) Acts, 1977 to 1993

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Number 26 of 1998


TURF DEVELOPMENT ACT, 1998


AN ACT TO PROVIDE FOR THE FORMATION AND REGISTRATION UNDER THE COMPANIES ACTS, 1963 TO 1990, OF A PUBLIC COMPANY TO CARRY ON THE BUSINESS OF BORD NA MÓNA, TO PROVIDE FOR THE DISSOLUTION OF BORD NA MÓNA AND TO PROVIDE FOR RELATED MATTERS. [7th July, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: