PART I

Preliminary and General

1. —This Act may be cited as the Western Development Commission Act, 1998.

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

“the Commission” means the Western Development Commission established by section 7 ;

“establishment day” means the day appointed under section 6 to be the establishment day for the purposes of this Act;

“functions” includes powers and duties and references to the performance of functions includes, as respects powers and duties, references to the exercise of the powers and the performance of the duties;

“the Fund” means the fund established by section 20 ;

“the Minister” means the Minister for Agriculture and Food;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) A reference in this Act to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended.

(3) A reference in this Act 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 a reference to some other provision is intended.

3. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4. —(1) A person guilty of an offence under section 18 shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both.

(2) A person guilty of an offence under section 16 or 17 shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

5. —Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date on which the offence was committed.