First Previous (PART 2 Dissolution of Bord Glas) Next (PART 4 Amendment of Registration of Potato Growers and Potato Packers Act 1984)

14 2004

An Bord Bia (Amendment) Act 2004

PART 3

Amendment of Principal Act

Commencement (Part 3).

10. —This Part comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Amendment of section 2 (interpretation) of Principal Act.

11. —Section 2(1) of the Principal Act is amended—

(a) by substituting for the definition of “agricultural products” the following:

“‘agricultural products’ means meat, milk, eggs, cereals and other field crops, fish, poultry, rabbits, deer and horticultural produce;”;

(b) by inserting after the definition of “food” the following:

“‘horticulture’ means that branch of agriculture that relates to the cultivation of plants used for food or for the production of food or ornament, including the technical procedures necessary for the cultivation, production and preparation for market of—

(a) fruit, whether fresh or processed,

(b) vegetables, whether fresh or processed (including potatoes and seed potatoes),

(c) herbs, whether fresh or processed,

(d) edible fungi, whether fresh or processed,

(e) nuts, whether fresh or processed,

(f) cut flowers,

(g) dried flowers,

(h) hops,

(i) decorative foliage,

(j) sports turf,

(k) honey,

(l) pot plants, bedding plants and herbaceous plants (including nursery stock),

(m) shrubs and trees (including nursery stock),

(n) fruit trees, fruit bushes and fruit plants (including nursery stock), and

(o) seeds, bulbs, corms, tubers, potatoes and seed potatoes,

and includes products of any of the foregoing, and cognate words shall be construed accordingly;”;

and

(c) by inserting after the definition of “prescribe” the following:

“‘subsidiary’ means a subsidiary (within the meaning of section 155 of the Companies Act 1963 ) of An Bord Bia;”.

Amendment of section 7 (general functions of Board) of Principal Act.

12. —The Principal Act is amended by substituting for section 7 the following:

“7.—(1) The functions of the Board shall be to promote, assist and develop in any manner which the Board considers necessary or desirable the marketing of Irish food and livestock and the production, marketing and consumption of horticultural produce.

(2) The Board shall have all such powers as are necessary, desirable, expedient or incidental to the performance of its functions.”.

Amendment of section 8 (particular functions of Board) of Principal Act.

13. —Section 8 of the Principal Act is amended—

(a) by substituting “food and horticulture” for “food” in each place where it occurs, and

(b) by substituting for paragraph (i) the following:

(i) administer such schemes, grants and other financial facilities involving the disbursement of—

(i) European Union Funds,

(ii) Exchequer Funds, or

(iii) other funds,

as may from time to time be authorised by the Minister with the concurrence of the Minister for Finance.”.

Power to establish subsidiaries.

14. —The Principal Act is amended by inserting after section 8 the following:

“8A.—(1) The Board may, with the consent of the Minister and the Minister for Finance, perform any of its functions through a subsidiary and, for the purpose of such performance, may acquire, form or establish one or more than one subsidiary and for that purpose may acquire, hold or dispose of shares or any other interest in a company or become a member of a company (within the meaning of the Companies Acts 1963 to 2003).

(2) The memorandum and articles of association of a subsidiary formed pursuant to this section, shall be in such form as may be determined by the Board, with the consent of the Minister and the Minister for Finance.

(3) The Minister may give the Board such directions in writing as he or she considers appropriate in relation to any policy, programme or activity of a subsidiary and the Board shall comply or, as may be appropriate, secure compliance with any such direction.

(4) A direction under subsection (3) which relates to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance.

(5) The grades of staff and the number of staff of a subsidiary shall be determined by the Board, with the consent of the Minister and the Minister for Finance.

(6) The staff of a subsidiary shall hold office or employment subject to such terms and conditions as are approved by the Minister with the consent of the Minister for Finance.”.

Amendment of section 9 (transfer of functions) of Principal Act.

15. —Section 9(2)(a) of the Principal Act is amended by substituting “food, horticulture or livestock” for “food or livestock”.

Amendment of section 11 (exercise of functions) of Principal Act.

16. —Section 11 of the Principal Act is amended by substituting “food or horticulture” for “any food”.

Amendment of section 13 (subsidiary boards) of Principal Act.

17. —Section 13 of the Principal Act is amended—

(a) by inserting after subsection (1) the following:

“(1A) The Board shall by order made with the consent of the Minister establish a subsidiary board (in this Act referred to as the horticulture subsidiary board) to perform such functions relating to horticulture conferred on the Board by this Act as may be specified in the order.”,

(b) by inserting after subsection (3) the following:

“(3A) The functions which may be performed by the horticulture subsidiary board pursuant to an order made under subsection (1A) shall be exercisable by the horticulture subsidiary board without prejudice to the right of the Board to exercise the specified functions itself.”.

Amendment of section 14 (membership of Board and term of office of members) of Principal Act.

18. —Section 14 of the Principal Act is amended—

(a) by inserting after subsection (3) the following:

“(3A) Not fewer than 2 of the persons appointed to be ordinary members shall be persons having knowledge or experience of horticulture.”,

(b) by substituting for subsection (4) the following:

“(4) One ordinary member shall be appointed on the nomination of the Minister for Enterprise, Trade and Employment.”,

(c) by deleting subsection (4A) (inserted by An Bord Bia (Amendment) Act 1995), and

(d) by substituting for subsection (5) the following:

“(5) The chairman and the persons appointed to be ordinary members shall be persons having knowledge or experience of—

(a) the food industry or horticulture, and

(b) consumer requirements.”.

Membership of horticulture subsidiary board and term of office of members.

19. —The Principal Act is amended by inserting after section 15 the following:

“15A.—(1) The horticulture subsidiary board shall consist of a chairperson and not more than 12 ordinary members.

(2) Subject to subsection (4) the chairperson shall hold office for the period of 3 years from the date of his or her appointment.

(3) The ordinary members shall be persons engaged in or having knowledge or experience of the horticulture sector and shall be appointed by the Board with the consent of the Minister.

(4) The chairperson, who shall be a member of the Board, shall be appointed by the Board following consultation and with the consent of the Minister.

(5) Notwithstanding subsection (4) where the chairperson ceases to be a member of the Board he or she shall also cease to be a member of the subsidiary board.

(6) The persons who are first appointed by the Board to be ordinary members shall hold office as follows:

(a) 4 of such members shall hold office for the period of 3 years from the date of their appointment;

(b) 4 of such members shall hold office for the period of 4 years from the date of their appointment; and

(c) the remaining members shall hold office for the period of 5 years from the date of their appointment.

(7) The members who are to hold office for the periods specified in paragraphs (a) and (b) of subsection (6) shall be decided by lot to be drawn in such manner as may be decided by the Board.

(8) Every person who is appointed pursuant to this section to be an ordinary member, other than a first member, shall hold office, for the period of 3 years from the date of their appointment.

(9) The Board in making nominations to the horticulture subsidiary board, and the Minister in considering whether to consent to such nominations, shall have regard to the desirability of achieving an appropriate gender balance.”.

Amendment of section 28 (committees of Board or subsidiary boards) of Principal Act.

20. —Section 28 of the Principal Act is amended by inserting after subsection (6) the following:

“(7) The Board may authorise a Committee comprised exclusively of its members to perform any of its functions.”.

Amendment of section 38 (levy due and payable) of Principal Act.

21. —Section 38 of the Principal Act is amended—

(a) by substituting for subsection (9) the following:

“(9) Levy in relation to livestock exported live from the State shall be paid directly to the Board, prior to exportation of the livestock, by the person by or on whose behalf the livestock are being exported.”,

(b) by substituting for subsection (10) the following:

“(10) Levy in relation to livestock exported live from the State shall be paid to the Board at such time or times and in such manner as may be prescribed.”,

(c) by substituting for subsection (11) the following:

“(11) The Minister may make regulations for the purposes of subsection (10) and, in particular but without prejudice to the generality of the foregoing, the regulations may provide—

(a) for the keeping of records and the making of returns (including electronic returns) by persons liable to pay levy,

(b) for the appointment and powers of authorised officers,

(c) for the collection and recovery of levy (including provision for the payment of a deposit by exporters to the Board on account of levy),

(d) for the enforcement of the regulations, and

(e) for such other matters as the Minister considers expedient or necessary.”,

and

(d) by substituting for subsection (12) the following:

“(12) It is an offence for any person to export or attempt to export live from the State, livestock in respect of which levy is payable unless he or she has complied with the provisions of this section and of any regulations made pursuant to subsection (11).”.

Deletion of Schedule to Principal Act.

22. —The Principal Act is amended by deleting the Schedule to that Act.