Industrial Development (Forfás Dissolution) Act 2014

Industrial Development (Forfás Dissolution) Act 2014 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Industrial Development (Forfás Dissolution) Act 2014 Industrial Development (Forfás Dissolution) Act 2014 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 13 of 2014 INDUSTRIAL DEVELOPMENT (FOR FÁS DISSOLUTION) ACT 2014 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citations and commencement 2. Interpretation 3. Expenses 4. Repeal PART 2 Staff of Enterprise Ireland 5. Staff of Enterprise Ireland and subsidiaries of Enterprise Ireland 6. Transfer of seconded staff to Enterprise Ireland 7. Superannuation scheme relating to Enterprise Ireland PART 3 Staff of IDA 8. Staff of IDA and subsidiaries of IDA 9. Transfer of seconded staff to IDA 10. Superannuation scheme relating to IDA PART 4 Staff of Science Foundation Ireland 11. Staff of Science Foundation Ireland 12. Transfer of seconded staff to Science Foundation Ireland 13. Superannuation scheme relating to Science Foundation Ireland PART 5 Staff of Forfás Seconded to National Standards Authority of Ireland 14. Transfer of seconded staff to National Standards Authority of Ireland PART 6 Dissolution of Forfás 15. Interpretation 16. Dissolution of Forfás 17. References to agencies of Forfás 18. Transfer of functions to Enterprise Ireland and IDA 19. Transfer of functions to Minister 20. Liability for loss occurring before dissolution day 21. Transfer of property 22. Transfer of rights and liabilities 23. Provisions consequent upon transfer of functions, assets and liabilities 24. Transfer of certain members of staff of Forfás 25. Superannuation schemes administered by dissolved body 26. Administration of superannuation scheme or arrangement by relevant body on behalf of Minister 27. Final accounts and final annual report of dissolved body PART 7 Irish National Accreditation Board 28. Amendment of section 2 of Act of 2005 29. Transfer of accreditation from Forfás 30. Amendment of section 34 of Act of 2005 31. Transfer of certain members of staff of Forfás to Authority 32. Irish National Accreditation Board 33. Amendment of section 47 of Act of 2005 34. Amendment of section 73 of Act of 2005 35. Amendment of section 77 of Act of 2005 36. Insertion of Schedule 6A into Act of 2005 PART 8 Amendments to Other Acts 37. Amendment of Act of 1993 38. Amendment of Act of 1995 39. Saver in respect of certain schemes 40. Amendment of Metrology Act 1996 41. Amendment of Act of 1998 42. Amendment of Act of 2003 SCHEDULE Functions Transferred to Enterprise Ireland and IDA Acts Referred to Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 (No. 19) Civil Service Regulation Acts 1956 to 2005 Consumer Protection Act 2007 (No. 19) County Enterprise Boards (Dissolution) Act 2014 (No. 4) Ethics in Public Office Acts 1995 and 2001 European Parliament Elections Act 1997 (No. 2) Industrial Development (Enterprise Ireland) Act 1998 (No. 34) Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 (No. 36) Industrial Development (Science Foundation Ireland) Act 2003 (No. 30) Industrial Development Act 1986 (No. 9) Industrial Development Act 1993 (No. 19) Industrial Development Act 1995 (No. 28) Industrial Development Acts 1986 to 2013 Industrial Research and Standards Act 1961 (No. 20) Interpretation Act 2005 (No. 23) Maternity Protection Acts 1994 and 2004 Metrology Act 1996 (No. 27) Minimum Notice and Terms of Employment Acts 1973 to 2005 National Standards Authority of Ireland Act 1996 (No. 28) Organisation of Working Time Act 1997 (No. 20) Parental Leave Acts 1998 and 2006 Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Redundancy Payments Acts 1967 to 2012 Safety, Health and Welfare at Work Act 2005 (No. 10) Safety, Health and Welfare at Work Acts 2005 and 2010 Science and Technology Act 1987 (No. 30) Terms of Employment (Information) Acts 1994 to 2012 Unfair Dismissals Acts 1977 to 2007 Number 13 of 2014 INDUSTRIAL DEVELOPMENT (FORFÁS DISSOLUTION) ACT 2014 An Act to make provision for the dissolution of Forfás; to transfer certain functions of Forfás to the Minister for Jobs, Enterprise and Innovation, Enterprise Ireland, the Industrial Development Agency (Ireland) and the Health and Safety Authority; to provide for the Irish National Accreditation Board as a Committee of the Health and Safety Authority; to amend the Safety, Health and Welfare at Work Act 2005 , the Industrial Development (Science Foundation Ireland) Act 2003 , the Industrial Development (Enterprise Ireland) Act 1998 , the Metrology Act 1996 , the Industrial Development Act 1995 , the Industrial Development Act 1993 and to provide for the consequential amendment of certain other enactments; and to provide for matters connected therewith. [29 th June, 2014] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citations and commencement 1. (1) This Act may be cited as the Industrial Development (Forfás Dissolution) Act 2014. (2) This Act other than Part 7 shall be included in the collective citation “Industrial Development Acts 1986 to 2014”. (3) Part 7 and the Safety, Health and Welfare at Work Acts 2005 and 2010 may be cited together as the Safety, Health and Welfare at Work Acts 2005 to 2014. (4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or provisions. Interpretation 2. In this Act— “Act of 1987” means the Science and Technology Act 1987 ; “Act of 1993” means the Industrial Development Act 1993 ; “Act of 1995” means the Industrial Development Act 1995 ; “Act of 1996” means the National Standards Authority of Ireland Act 1996; “Act of 1997” means the European Parliament Elections Act 1997 ; “Act of 1998” means the Industrial Development (Enterprise Ireland) Act 1998 ; “Act of 2003” save where otherwise appears, means the Industrial Development (Science Foundation Ireland) Act 2003 ; “Act of 2005” means the Safety, Health and Welfare at Work Act 2005 ; “Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ; “Act of 2013” means the Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 ; “dissolved body” shall be construed in accordance with section 16 ; “dissolution day” means the day appointed as the dissolution day under section 16 ; “IDA” means the Industrial Development Agency (Ireland); “Minister” means the Minister for Jobs, Enterprise and Innovation; “recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees; “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death. Expenses 3. The expenses incurred by the Minister in the administration of this Act shall, to such an extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Repeal 4. Section 11 (1) of the Metrology Act 1996 is repealed. PART 2 Staff of Enterprise Ireland Staff of Enterprise Ireland and subsidiaries of Enterprise Ireland 5. (1) Enterprise Ireland may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of Enterprise Ireland as it may from time to time determine. (2) A subsidiary may, with the consent of Enterprise Ireland and the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the subsidiary as it may from time to time determine. (3) The terms and conditions of service of a member of staff of Enterprise Ireland and of a subsidiary shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by Enterprise Ireland. (4) Where a member of staff of Enterprise Ireland or a member of staff of a subsidiary is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, he or she shall thereupon stand seconded from employment by Enterprise Ireland or the subsidiary and shall not be paid by, or be entitled to receive from, Enterprise Ireland or the subsidiary any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a member of such Parliament. (5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the staff of Enterprise Ireland or a subsidiary. (6) In this section “subsidiary” means a subsidiary acquired by Enterprise Ireland or a subsidiary formed and registered by Enterprise Ireland pursuant to section 5 of the Act of 1995. (7) Section 18 of the Act of 1998 is repealed. Transfer of seconded staff to Enterprise Ireland 6. (1)(a) Subject to paragraph (b), every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to Enterprise Ireland who is on secondment to Enterprise Ireland immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of Enterprise Ireland. (b) Every person who is— (i) a fixed-term employee of Forfás, (ii) seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to Enterprise Ireland, and (iii) on secondment to Enterprise Ireland immediately before the coming into operation of this section, shall, on that coming into operation, become and be a fixed-term employee of Enterprise Ireland for the duration of his or her contract. (2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section. (3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: (a) the Redundancy Payments Acts 1967 to 2012; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Terms of Employment (Information) Acts 1994 to 2012; (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (g) the Unfair Dismissals Acts 1977 to 2007; (h) the Maternity Protection Acts 1994 and 2004; (i) the Parental Leave Acts 1998 and 2006; (j) the Adoptive Leave Acts 1995 and 2005; (k) the Carer’s Leave Act 2001 . (4) Section 19 of the Act of 1998 is repealed. Superannuation scheme relating to Enterprise Ireland 7. (1) Subject to subsection (2), Enterprise Ireland shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of— (a) persons referred to in section 6 (1), and (b) such other members of its staff (including the chief executive) as it considers appropriate. (2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012. (3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (4) Enterprise Ireland may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section. (5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by Enterprise Ireland in accordance with its terms. (6) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme. (b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme. (7) A superannuation benefit shall not be granted by Enterprise Ireland to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform. (8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person— (a) referred to in section 6 (1), and (b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person. (9) Any period of service by a person as a member of the staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1). (10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect of, a person referred to in section 6 (1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by Enterprise Ireland in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with Enterprise Ireland shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by Enterprise Ireland. (11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. (12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder. (13) In this section “chief executive” means the chief executive officer of Enterprise Ireland appointed under section 13 of the Act of 1998. (14) Section 20 of the Act of 1998 is repealed. PART 3 Staff of IDA Staff of IDA and subsidiaries of IDA 8. (1) IDA may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of IDA as it may from time to time determine. (2) A subsidiary may, with the consent of IDA and the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the subsidiary as it may from time to time determine. (3) The terms and conditions of service of a member of staff of IDA and of a subsidiary shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by IDA. (4) Where a member of staff of IDA or a member of staff of a subsidiary is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, he or she shall thereupon stand seconded from employment by IDA or the subsidiary and shall not be paid by, or be entitled to receive from, IDA or the subsidiary any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a member of such Parliament. (5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the staff of IDA or a subsidiary. (6) In this section “subsidiary” means a subsidiary acquired by IDA or a subsidiary formed and registered by IDA pursuant to section 5 of the Act of 1995. (7) Section 36 of the Act of 1998 is repealed. Transfer of seconded staff to IDA 9. (1)(a) Subject to paragraph (b), every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA who is on secondment to IDA immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of IDA. (b) Every person who is— (i) a fixed term employee of Forfás, (ii) seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA, and (iii) on secondment to IDA immediately before the coming into operation of this section, shall, on that coming into operation, become and be a fixed-term employee of IDA for the duration of his or her contract. (2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section. (3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: (a) the Redundancy Payments Acts 1967 to 2012; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Terms of Employment (Information) Acts 1994 to 2012; (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (g) the Unfair Dismissals Acts 1977 to 2007; (h) the Maternity Protection Acts 1994 and 2004; (i) the Parental Leave Acts 1998 and 2006; (j) the Adoptive Leave Acts 1995 and 2005; (k) the Carer’s Leave Act 2001 . (4) Section 37 of the Act of 1998 is repealed. Superannuation scheme relating to IDA 10. (1) Subject to subsection (2), IDA shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of— (a) persons referred to in section 9 (1), and (b) such other members of its staff (including the chief executive) as it considers appropriate. (2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012. (3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (4) IDA may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section. (5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by IDA in accordance with its terms. (6)(a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme. (b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme. (7) A superannuation benefit shall not be granted by IDA to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform. (8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person— (a) referred to in section 9 (1), and (b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person. (9) Any period of service by a person as a member of the staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1). (10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect of, a person referred to in section 9 (1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by IDA in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with IDA shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by IDA. (11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. (12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder. (13) In this section “chief executive” mean the Chief Executive Officer of IDA appointed under paragraph 1(3) (amended by section 44(2) of the Act of 1998) of the Second Schedule to the Act of 1993. (14) Section 38 of the Act of 1998 is repealed. PART 4 Staff of Science Foundation Ireland Staff of Science Foundation Ireland 11. (1) Science Foundation Ireland may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of Science Foundation Ireland as it may from time to time determine. (2) The terms and conditions of service of a member of staff of Science Foundation Ireland shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by Science Foundation Ireland. (3) Where a member of the staff of Science Foundation Ireland is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, he or she shall thereupon stand seconded from employment by Science Foundation Ireland and shall not be paid by, or be entitled to receive from, Science Foundation Ireland any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a member of such Parliament. (4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the staff of Science Foundation Ireland. (5) Section 19 of the Act of 2003 is repealed. Transfer of seconded staff to Science Foundation Ireland 12. (1)(a) Subject to paragraph (b),every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to Science Foundation Ireland who is on secondment to Science Foundation Ireland immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of Science Foundation Ireland. (b) Every person who is— (i) a fixed term employee of Forfás, (ii) seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to Science Foundation Ireland, and (iii) on secondment to Science Foundation Ireland immediately before the coming into operation of this section, shall, on that coming into operation, become and be a fixed-term employee of Science Foundation Ireland for the duration of his or her contract. (2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section. (3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: (a) the Redundancy Payments Acts 1967 to 2012; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Terms of Employment (Information) Acts 1994 to 2012; (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (g) the Unfair Dismissals Acts 1977 to 2007; (h) the Maternity Protection Acts 1994 and 2004; (i) the Parental Leave Acts 1998 and 2006; (j) the Adoptive Leave Acts 1995 and 2005; (k) the Carer’s Leave Act 2001. (4) Section 20 of the Act of 2003 is repealed. Superannuation scheme relating to Science Foundation Ireland 13. (1) Subject to subsection (2), Science Foundation Ireland shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of— (a) persons referred to in section 12 (1), and (b) such other members of its staff (including the Director General) as it considers appropriate. (2) A scheme prepared and submitted under subsection (1) shall not make provision for any person referred to in paragraph (a) or paragraph (b) of that subsection where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012. (3) Every scheme prepared and submitted under subsection (1) shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (4) Science Foundation Ireland may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section. (5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by Science Foundation Ireland in accordance with its terms. (6)(a) If any dispute arises to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme. (b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme. (7) A superannuation benefit shall not be granted by Science Foundation Ireland to or in respect of any of its staff (including the Director General) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform. (8) Subject to subsection (11), a scheme under subsection (1) shall, as respects a person— (a) referred to in section 12 (1), and (b) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, provide for the granting to, or in respect of, him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits under the superannuation scheme or arrangement that immediately before the coming into operation of this section apply to, or in respect of, that person. (9) Any period of service by a person as a member of the staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to or in respect of members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1). (10) Subject to subsection (11), where, in the period beginning on the coming into operation of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect, of a person referred to in section 12 (1) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by Science Foundation Ireland in accordance with the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, that person and, for that purpose, his or her pensionable service with Science Foundation Ireland shall be aggregated with his or her previous pensionable service and the said benefit shall be paid by Science Foundation Ireland. (11) Subsection (8) and subsection (10) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. (12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which the House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder. (13) In this section “Director General” means the chief officer of Science Foundation Ireland appointed under section 13 of the Act of 2003. (14) Section 21 of the Act of 2003 is repealed. PART 5 Staff of Forfás Seconded to National Standards Authority of Ireland Transfer of seconded staff to National Standards Authority of Ireland 14. (1)(a) Every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to the National Standards Authority of Ireland (in this section referred to as the “NSAI”) who is on secondment to the NSAI immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of the NSAI. (b) Every person who is a member of staff of Forfás who immediately before the coming into operation of this section discharges his or her functions in accordance with the directions of the NSAI under section 38 of the Act of 1996 shall, on that coming into operation, become and be a member of staff of the NSAI. (2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section. (3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: (a) the Redundancy Payments Acts 1967 to 2012; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Terms of Employment (Information) Acts 1994 to 2012; (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (g) the Unfair Dismissals Acts 1977 to 2007; (h) the Maternity Protection Acts 1994 and 2004; (i) the Parental Leave Acts 1998 and 2006; (j) the Adoptive Leave Acts 1995 and 2005; (k) the Carer’s Leave Act 2001. (4) Subject to subsection (5), the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, a person referred to in subsection (1) shall continue to apply to, or in respect of, that person after the coming into operation of this section. (5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. (6) Every person referred to in subsection (1), to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, shall on the coming into operation of this section become a member of the superannuation scheme of NSAI made under paragraph 3 of the Second Schedule to the Act of 1996 which scheme shall, in relation to such persons, be deemed to stand amended in such respects as are necessary to take account of any provisions that apply to, or in respect of, that person by virtue of subsection (4) and if any of those provisions provide for the exercise of a discretion, NSAI shall, on and after the coming into operation of this section, exercise that discretion. (7) Any period of service by a person as a member of staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to, or in respect of, members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of the superannuation scheme of NSAI referred to in subsection (6). (8) Section 50 of the Act of 1998 is repealed. PART 6 Dissolution of Forfás Interpretation 15. In this Part, “relevant person”, in relation to a function transferred under— (a) subsection (1) of section 18 , means Enterprise Ireland and IDA, (b) subsection (3) of section 18 , means IDA, and (c) section 19 , means the Minister. Dissolution of Forfás 16. (1) On the dissolution day Forfás (in this Act referred to as the “dissolved body”) shall stand dissolved. (2) The Minister may, by order, appoint a day to be the dissolution day for the purposes of this Act. References to agencies of Forfás 17. On and after the dissolution day, a reference in any enactment to Enterprise Ireland, IDA or Science Foundation Ireland as an agency of Forfás shall be construed as a reference to Enterprise Ireland, IDA or Science Foundation Ireland as appropriate. Transfer of functions to Enterprise Ireland and IDA 18. (1) The functions specified in the Schedule are transferred to Enterprise Ireland and IDA. (2) The functions transferred under subsection (1) may be performed— (a) by either Enterprise Ireland or IDA, or (b) jointly by both Enterprise Ireland and IDA. (3) The functions specified in paragraph (c) of subsection (1) of section 8 of the Act of 1987 are transferred to IDA. (4) A function transferred under subsection (1) shall be performed by Enterprise Ireland or IDA, or both, as the case may be, in accordance with such directions (if any) as may be issued by the Minister from time to time. (5) A function transferred under subsection (3) shall be performed by IDA in accordance with such directions (if any) as may be issued by the Minister from time to time. (6) Any assignment of powers and functions under section 9 of the Act of 1993 to Enterprise Ireland or IDA in force immediately before the coming into operation of this section shall cease to have effect on that coming into operation. (7) Subsection (3) of section 3 of the Act of 1995 is repealed. (8) This section shall come into operation on the dissolution day. Transfer of functions to Minister 19. (1) Subject to section 18 and section 33A (inserted by section 29 ) of the Act of 2005, the functions of Forfás are transferred to the Minister. (2) This section shall come into operation on the dissolution day. Liability for loss occurring before dissolution day 20. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the dissolved body transferred to a relevant person under this Act shall, on and after that day, lie against that relevant person and not against the dissolved body. (2) Any legal proceedings pending immediately before the dissolution day to which the dissolved body is a party, that relate to a function transferred to a relevant person under this Act, shall be continued, with the substitution in the proceedings of the name of that relevant person, in so far as they so relate, for the dissolved body. (3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the dissolved body, be enforceable against the relevant person and not the dissolved body. (4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on or after that day, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister. Transfer of property 21. (1) Subject to section 56B (inserted by section 32 ) of the Act of 2005, on the dissolution day, all property (other than land), including choses-in-action, that immediately before that day was vested in the dissolved body shall stand vested in the Minister without any assignment. (2) Every chose-in-action vested in the Minister by virtue of subsection (1) may, on and from the dissolution day, be sued on, recovered or enforced by the Minister in his or her own name, and it shall not be necessary for the Minister to give notice to any person bound by the chose-in-action of the vesting effected by that subsection. Transfer of rights and liabilities 22. (1) Subject to section 56C (inserted by section 32 ) of the Act of 2005, all rights and liabilities of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to the Minister. (2) Every right and liability transferred by subsection (1) to the Minister may, on and after the dissolution day, be sued on, recovered or enforced by or against the Minister in his or her own name, and it shall not be necessary for the Minister, or the dissolved body, to give notice to the person whose right or liability is transferred by that subsection of such transfer. Provisions consequent upon transfer of functions, assets and liabilities 23. (1) Anything commenced but not completed before the dissolution day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to a relevant person under this Act, be carried on or completed on or after the dissolution day by that relevant person. (2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred to a relevant person under this Part, shall, if and in so far as it was operative immediately before the dissolution day, have effect on or after that day as if it had been granted or made by that relevant person. (3) References to Forfás in the memorandum or articles of association of any company and relating to a function transferred to a relevant person under this Part shall, on and after the dissolution day, be construed as a reference to that relevant person. (4) Any money, stocks, shares or securities transferred to the Minister by section 21 that immediately before the dissolution day were standing in the name of the dissolved body shall, on the request of the Minister, be transferred into the name of the Minister. (5) A certificate signed by the Minister for Public Expenditure and Reform that any property, right or liability has or, as the case may be, has not vested in the Minister under section 21 or section 22 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes. Transfer of certain members of staff of Forfás 24. (1)(a) Subject to paragraph (b), every person who immediately before the dissolution day is a member of staff of Forfás shall on such day hold an unestablished position in the Civil Service. (b) Every person who, immediately before the dissolution day is a fixed-term employee of Forfás shall, on such day, hold an unestablished position as a fixed-term employee of the Minister for the duration of his or her contract of employment. (2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall on the dissolution day be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before that day. (3) In relation a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: (a) the Redundancy Payments Acts 1967 to 2012; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Act of 2003; (d) the Organisation of Working Time Act 1997 ; (e) the Terms of Employment (Information) Acts 1994 to 2012; (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (g) the Unfair Dismissals Acts 1977 to 2007; (h) the Maternity Protection Acts 1994 and 2004; (i) the Parental Leave Acts 1998 and 2006; (j) the Adoptive Leave Acts 1995 and 2005; (k) the Carer’s Leave Act 2001 . (4) Subject to subsection (5), the provisions of a scheme or arrangement in relation to superannuation that immediately before the dissolution day apply to, or in respect of, a person referred to in subsection (1) shall continue to apply to, or in respect of, that person after the dissolution day. (5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. (6) Where the provisions of a scheme or arrangement referred to in subsection (4) provide for the exercise of a discretion, the Minister for Public Expenditure and Reform shall, on and after the coming into operation of this section, exercise that discretion. (7) The pension payments and other superannuation liabilities of Forfás in respect of every person referred to in subsection (1) shall, on the dissolution day, become liabilities of the Minister for Public Expenditure and Reform. (8) A person referred to in subsection (1) shall undertake such duties as the Minister may from time to time direct. (9) A person referred to in subsection (1) shall be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 and 2001. (10) In this section— “Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003 ; “Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004 ; “Civil Service” has the meaning assigned to it by the Act of 2004; “contract of employment” has the meaning assigned to it by the Act of 2003; “fixed-term employee” has the meaning assigned to it by the Act of 2003; “unestablished position” has the meaning assigned to it by the Act of 2004. Superannuation schemes administered by dissolved body 25. (1) Subject to subsection (2), every scheme or arrangement in relation to superannuation administered by the dissolved body immediately prior to the dissolution day shall, on and after the dissolution day, continue in force as if made by the Minister. (2) Subsection (1) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. Administration of superannuation scheme or arrangement by relevant body on behalf of Minister 26. (1) The Minister may, for the purposes of this section, designate in writing a superannuation scheme or arrangement (in this section referred to as a “designated scheme or arrangement”) referred to in— (a) section 25 , or (b) subsection (5) (c) of section 12 of the County Enterprise Boards (Dissolution) Act 2014 . (2) The Minister may require a relevant body to carry out, on his or her behalf, such pension administration services as the Minister may specify in writing in relation to a designated scheme or arrangement. (3) A relevant body shall, when required by the Minister to do so, carry out such pension administration services as the Minister specifies in writing under subsection (2) in relation to a designated scheme or arrangement. (4) The Minister may give directions in writing to a relevant body in relation to any pension administration service specified by him or her under subsection (2). (5) A relevant body shall comply with any directions given by the Minister under subsection (4). (6) Where the Minister requires a relevant body to carry out the pension administration service specified in paragraph (b) of subsection (8) in relation to a designated scheme or arrangement, the Minister shall, with the consent of the Minister for Public Expenditure and Reform, out of monies provided by the Oireachtas, provide the relevant body with a sum of money equal to the total amount of the benefits due under that paragraph to enable that body to make such payment. (7) A relevant body shall provide such information to the Minister, relating to pension administration services which the body carries out under subsection (3), as the Minister may from time to time require. (8) In this section— “pension administration service” means, in relation to a designated scheme or arrangement— (a) calculation of any superannuation benefit payable to, or in respect of, any member of that scheme or arrangement, (b) payment on behalf of the Minister of any superannuation benefit due to, or in respect of, any member of that scheme or arrangement to the member or other person concerned, (c) maintenance of records relating to, or in respect of, members of that scheme or arrangement, or (d) such other service as may be specified in writing by the Minister for the purposes of administering that scheme or arrangement on his or her behalf; “relevant body” means— (a) Enterprise Ireland, (b) IDA, (c) Science Foundation Ireland, or (d) the National Standards Authority of Ireland. Final accounts and final annual report of dissolved body 27. (1) As soon as may be after the dissolution day, but not later than one year thereafter, the Minister shall cause to be prepared final accounts of the dissolved body in respect of the period specified under subsection (3). (2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas. (3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the dissolved body. (4) The Minister shall cause to be prepared the final annual report for the dissolved body not later than 6 months after the dissolution day and the Minister shall, as soon as may be after the report is prepared, cause copies of that report to be laid before each House of the Oireachtas. PART 7 Irish National Accreditation Board Amendment of section 2 of Act of 2005 28. Section 2 of the Act of 2005 is amended by inserting the following definitions in subsection (1): ‘accreditation’ means attestation that a conformity assessment body meets the requirements— (a) of a harmonised standard and, where applicable, any additional requirements in accordance with the Accreditation Regulation, or (b) of a non-harmonised international standard, to carry out a specific conformity assessment activity; ‘Accreditation Board’ shall be construed in accordance with section 56A; ‘Accreditation Regulation’ means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 20081 ; ‘Act of 1993’ means the Industrial Development Act 1993 ; ‘Appeals Board’ means an Appeals Board established under section 56G; ‘conformity assessment’ means the process demonstrating whether specified requirements relating to a product, process, service, system or person have been fulfilled; ‘conformity assessment body’ means a person who performs conformity assessment activities, including calibration, testing, certification and inspection; ‘harmonised standard’ has the same meaning as it has in the Accreditation Regulation; ‘Manager of the Accreditation Board’ shall be construed in accordance with section 56A(6) ;”. Transfer of accreditation from Forfás 29. The Act of 2005 is amended by inserting the following section after section 33: “Transfer of accreditation from Forfás 33A. The powers and functions vested in Forfás by section 9 of the Act of 1993, in so far as they are for the purposes of and relate to accreditation, are transferred to the Authority.”. Amendment of section 34 of Act of 2005 30. Section 34 of the Act of 2005 is amended— (a) in subsection (1), by— (i) inserting the following paragraph after paragraph (dd): “(de) in relation to accreditation— (i) to carry out accreditation in accordance with— (I) the powers and functions transferred to it by section 33A (inserted by section 29 of the Industrial Development (Forfás Dissolution) Act 2014), and (II) the Accreditation Regulation, (ii) to establish such procedures for the operation of accreditation as it considers appropriate including procedures for monitoring, inspecting and auditing conformity assessment bodies, and (iii) to make any arrangements that it considers appropriate for providing information and advice on matters relating to accreditation,”, and (ii) substituting the following paragraph for paragraph (k): “(k) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), that the Minister may from time to time give to the Authority,”, and (b) by inserting the following subsection after subsection (2): “(2A) The functions of the Authority referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) of subsection (1) are delegated to the Accreditation Board and subject to this Act, shall be performed on behalf of the Authority by the Accreditation Board.”. Transfer of certain members of staff of Forfás to Authority 31. The Act of 2005 is amended by inserting the following section after section 54: “Transfer of certain members of staff of Forfás to Authority 54A. (1) The Minister may designate in writing such and so many members of the staff of Forfás as he or she decides to be transferred to the Authority from such date as may be specified in the designation (in this section referred to as “the effective date”). (2) A member of staff of Forfás designated in accordance with subsection (1) sha …