National Development Finance Agency Act, 2002


1.—(1) In this Act, except where the context otherwise requires—

“Agency” means the National Development Finance Agency established by section 2 ;

“appropriate Minister” means any Minister of the Government—

(a) on whom functions stand conferred, or

(b) who has general responsibility,

in respect of or in connection with a public private partnership or a State authority;

“Board” means the Board of the Agency;

“Chief Executive Officer” means the chief executive officer of the Agency;

“Committee of Public Accounts” means the Committee of Daíl Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;

“company” means a company within the meaning of section 2 of the Companies Act, 1963 ;

“equity” means any financial interest resulting from the purchase of shares for a consideration;

“functions” includes powers and duties, and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“local authority” means a county council, city council or town council for the purposes of the Local Government Act, 2001 ;

“Minister” means the Minister for Finance;

“public investment projects” includes projects involving public private partnership arrangements;

“public private partnership arrangement” means a public private partnership arrangement within the meaning of the State Authorities (Public Private Partnership Arrangements) Act, 2002 ;

“refinancing” means changing the terms and conditions, obligations and entitlements attached to arrangements for financing public investment projects, including cancellation and replacement of such arrangements;

“State authority” means a body specified in the Schedule.

(2) (a) In this Act—

(i) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended, and

(ii) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(b) In this Act a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.