State Authorities (Public Private Partnership Arrangements) Act, 2002

Public private partnership arrangements.

3.—(1) Without prejudice to the functions of a State authority under any other enactment, a State authority may, either itself or in conjunction with any other person (including another State authority)—

(a) enter into an arrangement (in this Act referred to as a “public private partnership arrangement”) with a person (in this Act referred to as a “partner”) for the performance of functions of the State authority specified in the arrangement in relation to—

(i) the design and construction of an asset, together with the operation of services relating to it and the provision of finance, if required, for such design, construction and operation, or

(ii) the construction of an asset, together with the operation of services relating to it and the provision of finance, if required, for such construction and operation, or

(iii) the design and construction of an asset, together with the provision of finance for such design and construction, or

(iv) the provision of services relating to an asset for not less than 5 years and the provision of finance, if required, for such services,

(b) subject to subsection (4), arrange or provide for a payment to a partner,

(c) enter, where appropriate, into an agreement (in this Act referred to as a “direct agreement”) with a person who has arranged or provided funding for the partner for the carrying out of the public private partnership arrangement,

(d) transfer an interest, or part of an interest, of the State authority in an asset or part of an asset, to the partner, or, subject to the prior consent of the appropriate Minister or, if the State authority is a Minister of the Government, subject to the consent of the Minister for Finance, to a nominee of the partner by transfer, assignment, conveyance, grant of lease or licence or otherwise,

(e) take a transfer of an interest of the partner or a nominee of the partner, in an asset or part of an asset, by transfer, assignment, conveyance, grant or surrender of lease or licence or otherwise.

(2) A State authority may, with the consent of the appropriate Minister—

(a) either itself or in conjunction with any other person (including another State authority) cause a company to be formed and registered, or

(b) become a shareholder in an existing company,

for the purposes of a public private partnership arrangement or of entering into such an arrangement.

(3) A public private partnership arrangement may include terms and conditions in relation to the performance by the partner concerned of the partner's obligations under the arrangement as agreed by the State authority.

(4) (a) Where a payment is arranged or provided for pursuant to section 3 (1)(b) the Minister for Finance may, at any time until entry into the public private partnership arrangement by the State authority, give directions to the appropriate Minister in relation to the aggregate value of exchequer moneys committed to such arrangements, as he or she considers necessary.

(b) The appropriate Minister shall, in performing his or her functions, have regard to any directions given by the Minister for Finance under this section.

(5) Functions conferred on a State authority by this section are in addition to and not in substitution for any other functions of the authority.