S.I. No. 449/2022 - National Oil Reserves Agency Act 2007 (Delegation of Climate Action Fund Grant Payment Functions) Order 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th September, 2022.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by subsections 3(a) and 3(b) of section 37B of the National Oil Reserves Agency Act 2007 , as amended (No. 7 of 2007), hereby order as follows:

1. This Order may be cited as the National Oil Reserves Agency Act 2007 (Delegation of Climate Action Fund Grant Payment Functions) Order 2022.

2. In this Order—

‘Act of 2007’ means the National Oil Reserves Agency Act 2007 (No. 7 of 2007);

“Chief Executive Officer of Pobal” is the accountable person in relation to the accounts of Pobal;

“Community Climate Action Supports” mean such moneys as within the Climate Action Fund, and contained within an account of that Fund as determined by the Minister, to be made available, subject to the Act of 2007, to support community climate action through education, capacity building and learning;

“Climate Action Fund”, is the fund as established with effect from 1 August 2020, under Section 37B(1) of the National Oil Reserves Agency Act 2007 , as inserted into the 2007 Act by Section 15 of the National Oil Reserves Agency (Amendment) and Provision of Central Treasury Services Act 2020 ;

“Minister” means Minister for the Environment, Climate and Communications;

“Pobal” is a not-for-profit company, limited by guarantee under the aegis of the Minister for Rural and Community Development.

3. (1) Subject to any directions or guidelines as may from time to time be given by the Minister under section 37B(3)(c) of the Act of 2007 to Pobal, the management of the Community Climate Action Supports within the Climate Action Fund is delegated to Pobal, which shall have all the powers that are necessary or incidental to the performance of its function in managing the Community Climate Action Supports.

(2) Pobal may, subject to section 37B(11) of the Act of 2007, pay out of the Community Climate Action Supports such amounts of moneys the Minister considers appropriate in accordance with section 37B (9) of the Act of 2007.

(3) Any moneys approved by the Minister for payment by Pobal that are unused or returned to Pobal in relation to any project or projects shall be returned to the Community Climate Action Supports account.

4. (1) The Chief Executive Officer of Pobal shall be responsible to the Minister for all proper and usual accounts in relation to the performance of the functions delegated or granted to Pobal under this Order.

(2) The Chief Executive Officer of Pobal shall keep, in such form as may be approved by the Minister, all proper and usual accounts in relation to the performance of the functions delegated or granted to Pobal under this Order.

(3) The Chief Executive Officer of Pobal shall provide to the Minister such accounts and information in relation to such accounts as the Minister may from time to time specify.

(4) The Chief Executive Officer of Pobal shall include in the annual financial statements and accounts of Pobal all moneys in relation to this Order and shall submit these statements in the usual way for audit. A copy of the accounts as so audited, together with a copy of the report by the Comptroller and Auditor General on those accounts, shall be presented to the Minister as soon as may be thereafter.

5. (1) As soon as may be, but not later than 6 months after the end of each financial year of Pobal, the Chief Executive Officer of Pobal shall make a report to the Minister of its activities in relation to the performance during the year concerned of the functions delegated to Pobal under this Order.

(2) The Chief Executive Officer of Pobal shall supply the Minister with such information as the Minister may from time-to-time request relating to the performance by Pobal of the functions delegated to them under this Order.

(3) The Chief Executive Officer of Pobal shall, when requested by the Minister, make recommendations to the Minister in relation to the functions performed by Pobal under this Order.

GIVEN under my Official Seal,

1 September, 2022.

EAMON RYAN,

Minister for the Environment,

Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to a legal interpretation.)

The purpose of this Order is to delegate to Pobal certain functions related to the management of the Community Climate Action Supports within the Climate Action Fund.