Agriculture (An Chomhairle Oiliuna Talmhaiochta) Act, 1979
What is this act about?
Is éard atá sa dlí seo ná foráil níos fearr a dhéanamh maidir le comhairle, oiliúint agus taighde talmhaíochta trí chomhlacht nua, An Chomhairle Oiliúna Talmhaíochta, a bhunú. Leasaíonn sé freisin dlíthe eile a bhaineann le talmhaíocht chun na críche sin.
Who it applies to: An tAire Talmhaíochta; An Chomhairle Oiliúna Talmhaíochta agus a Bord.
At a glance
- Country
- Ireland
- Area of law
- Environment and agriculture
- Articles
- 27
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Bunú An Chomhairle Oiliúna Talmhaíochta.
- Feidhmeanna ginearálta An Chomhairle maidir le seirbhísí oiliúna agus comhairleacha talmhaíochta.
- Bunú Bord na Comhairle Oiliúna Talmhaíochta chun rialtas ginearálta An Chomhairle a dhéanamh.
- Leasuithe ar an Acht um Údarás Náisiúnta Comhairleach, Oideachais agus Taighde Talmhaíochta, 1977, agus ar an Acht Talmhaíochta (An Foras Talúntais), 1958.
Who does this act apply to?
- An tAire Talmhaíochta.
- An Chomhairle Oiliúna Talmhaíochta agus a Bord.
- An Foras Talúntais.
- Foireann An Chomhairle Oiliúna Talmhaíochta.
What are the key points?
- Bunófar comhlacht ar a dtabharfar An Chomhairle Oiliúna Talmhaíochta.
- Díscaoiltear an tÚdarás Náisiúnta Talmhaíochta.
- Beidh feidhmeanna ginearálta ag An Chomhairle seirbhísí oiliúna agus comhairleacha talmhaíochta a sholáthar.
- Beidh Bord ag An Chomhairle, comhdhéanta de chathaoirleach agus nach mó ná cúig ghnáthchomhalta déag.
Environment and agriculture
Legal text
Legal text
Agriculture (An Chomhairle Oiliuna Talmhaiochta) Act, 1979 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 1979 Agriculture (An Chomhairle Oiliuna Talmhaiochta) Act, 1979 Agriculture (An Chomhairle Oiliuna Talmhaiochta) Act, 1979 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 Print Full ActPriontáil an tAcht Iomlán Number 9 of 1979 AGRICULTURE (AN CHOMHAIRLE OILIUNA TALMHAIOCHTA) ACT, 1979 ARRANGEMENT OF SECTIONS
PART I
Preliminary and General Section
Section 1
Short title and commencement.
Section 2
Interpretation.
Section 3
Expenses.
Section 4
Repeals.
PART II
An Chomhairle Oiliúna Talmhaíochta An Chomhairle and the Board
Section 5
Establishment of An Chomhairle and meaning of “An Chomhairle” in the Act of 1977.
Section 6
Dissolution of the National Agricultural Authority.
Section 7
General functions of An Chomhairle.
Section 8
Establishment of the Board and meaning of “the Board” in the Act of 1977.
Amendments of the Act of 1977
Section 9
Amendment of section 2 (1) of the Act of 1977.
Section 10
Advice to the Minister.
Section 11
Amendment of section 26 of the Act of 1977.
Section 12
Amendment of section 33 of the Act of 1977.
Section 13
Expenses of An Chomhairle.
Section 14
Amendment of Second Schedule to the Act of 1977.
Section 15
Amendment of Third Schedule to the Act of 1977.
Section 16
Amendment of Fourth Schedule to the Act of 1977.
Section 17
Miscellaneous amendments of the Act of 1977.
Amendments of the Act of 1958
Section 18
Agricultural research to include basic veterinary research.
Section 19
Amendment of section 5 of the Act of 1958.
Section 20
Amendment of section 7 of the Act of 1958.
Section 21
Power of the Institute to borrow.
Section 22
Amendment of section 11 of the Act of 1958.
Section 23
Amendment of section 12 (1) of the Act of 1958.
Section 24
Amendment of section 17 of the Act of 1958.
Section 25
Superannuation.
Amendment of Agriculture Act, 1931
Section 26
Amendment of Second Schedule to Agriculture Act, 1931.
Amendment of Agriculture (Amendment) Act, 1958
Section 27
Amendment of section 2 of Agriculture (Amendment) Act, 1958.
Number 9 of 1979 AGRICULTURE (AN CHOMHAIRLE OILIUNA TALMHAIOCHTA) ACT, 1979 AN ACT TO MAKE BETTER PROVISION FOR AGRICULTURAL ADVICE, TRAINING AND RESEARCH AND FOR THAT PURPOSE TO ESTABLISH A BODY TO BE KNOWN AS AN CHOMHAIRLE OILIUNA TALMHAIOCHTA, TO PROVIDE FOR ITS POWERS AND DUTIES AND TO AMEND THE AGRICULTURE (AN FORAS TALUNTAIS) ACT, 1958, AND THE NATIONAL AGRICULTURAL ADVISORY, EDUCATION AND RESEARCH AUTHORITY ACT, 1977 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd May, 1979] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary and General Short title and commencement.
1.—(1) This Act may be cited as the Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979.
Interpretation.
2.—In this Act— “the Act of 1958” means the Agriculture (An Foras Talúntais) Act, 1958 ; “the Act of 1977” means the National Agricultural Advisory, Education and Research Authority Act, 1977 ; “the Board” means the Board established under section 8 of this Act; “An Chomhairle” means An Chomhairle Oiliúna Talmhaíochta established under section 5 of this Act; “the Institute” means An Foras Talúntais established by the Act of 1958; “the Minister” means the Minister for Agriculture.
Expenses.
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.
Repeals.
4.—The following provisions of the Act of 1977 are hereby repealed: in section 2 (1), the definitions of “education”, “basic veterinary research” and “research”; sections 9, 10, 11, 17, 18, 22, 25, 42, 48 (3) and 48 (4); in section 50 (2) all words from “(other than” to “Act, 1959)”; sections 53 (1) (c), 54, 61, 63 and 72.
PART II
An Chomhairle Oiliúna Talmhaíochta An Chomhairle and the Board Establishment of An Chomhairle and meaning of “An Chomhairle” in the Act of 1977.
5.—(1) There shall be established a body to be known as An Chomhairle Oiliúna Talmhaíochta to perform the functions given to it by the Act of 1977 as amended by this Act.
Dissolution of the National Agricultural Authority.
6.—The National Agricultural Authority established under section 9 of the Act of 1977 is hereby dissolved.
General functions of An Chomhairle.
7.—(1) An Chomhairle shall have the general functions, subject to the provisions of the Act of 1977, as amended by this Act, of providing, or causing to be provided, training and advisory services in agriculture (as defined in that Act) and making available the scientific and practical knowledge required by the agricultural industry.
Establishment of the Board and meaning of “the Board” in the Act of 1977.
8.—(1) There shall be a Board to be known as Bord na Comhairle Oiliúna Talmhaíochta to carry out the general government of An Chomhairle and the general administration of the affairs of An Chomhairle.
Amendments of the Act of 1977 Amendment of section 2 (1) of the Act of 1977.
9.—Section 2 (1) of the Act of 1977 is hereby amended by the addition of the following definition: “‘training’ includes education.”.
Advice to the Minister.
10.—The following section shall be substituted for section 21 of the Act of 1977: “21.—An Chomhairle shall advise the Minister on any matter relating to agricultural training or advice on which its views are requested by the Minister.”.
Amendment of section 26 of the Act of 1977.
11.—Section 26 of the Act of 1977 is hereby amended— (a) by the substitution for subsection (1) of the following subsection: “(1) The Board shall consist of a chairman and not more than fifteen ordinary members.”, (b) by the substitution in subsection (3) (a) for “at least one member”, where those words first occur, of “at least three members, two of whom shall be members of the Council of the Institute,”; and (c) by the deletion in subsection (3) (a) of “the Universities,” and the said paragraph (a) as so amended, is set out in the Table to this section.
TABLE (a) One member of the Board shall be appointed on the nomination of the Minister for Education, at least three members, two of whom shall be members of the Council of the Institute, on the nomination of the Minister, and at least one member on the nomination of the General Council referred to in section 43. The remaining members, who shall be representative of agricultural and rural organisations, the staff of An Chomhairle, institutions providing courses of study in agriculture mentioned in section 12 (1) (d) and such other agricultural interests as may be prescribed, shall be selected for nomination in accordance with the provisions of an order made for that purpose by the Minister and any such order shall indicate the procedure for filling casual vacancies in the membership of the Board.
Amendment of section 33 of the Act of 1977.
12.—Section 33 of the Act of 1977 is hereby amended by the addition of the following subsections: “(6) Where a person who is a member of the staff of An Chomhairle is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall stand seconded from employment by An Chomhairle and shall not be paid by, or be entitled to receive from, An Chomhairle any remuneration or allowances— (a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House, (b) in case he is nominated for election to either House, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate.
Expenses of An Chomhairle.
13.—The following section shall be substituted for section 49 of the Act of 1977: “49.—The income of An Chomhairle shall, subject to sections 47 and 48, be applied in payment of the expenses of An Chomhairle including, in particular: (a) the annual outgoings and expenses in respect of the offices, premises and equipment of An Chomhairle, (b) the remuneration and expenses of the chairman, the first Director and staff of An Chomhairle, the expenses of the members of the Board and members of the committees appointed under section 29 and the superannuation allowances of the first Director and the staff of An Chomhairle, (c) the cost of any training or advisory programme in agriculture carried out by, or on behalf of, An Chomhairle, (d) the cost of grants to educational institutions, (e) the cost of local advisory and training programmes, (f) the cost of the provision of such scholarships and such other awards for higher education as may be approved by the Minister, (g) the cost of providing and organising courses of study, seminars, conferences, lectures and demonstrations appropriate to the functions of An Chomhairle, (h) the cost of publications in relation to agricultural training and agricultural advice, and (i) the cost of such other activities of An Chomhairle, consistent with its functions (including any functions assigned under section 20), as may be approved by the Board and the Minister from time to time.”.
Amendment of Second Schedule to the Act of 1977.
14.—The Second Schedule to the Act of 1977 is hereby amended— (a) by the substitution for paragraph 1 (1) of the following: “(1) Five members of the Board to be established on the commencement of section 8 of the Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979, shall be appointed for a period of three years, a further five members shall be appointed for a period of four years and the remaining members for a period of five years.”; and (b) by the substitution for paragraph 8 (1) of the following: “(1) The quorum for a meeting of the Board shall be five.”.
Amendment of Third Schedule to the Act of 1977.
15.—The Third Schedule to the Act of 1977 is hereby amended by the deletion of all matter contained at the entry which commences with “Cereal Station, Ballinacurra”.
Amendment of Fourth Schedule to the Act of 1977.
16.—The Fourth Schedule to the Act of 1977 is hereby amended by the deletion of “No. 1 of 1958 Agriculture (An Foras Talúntais) Act, 1958 The whole Act.”.
Miscellaneous amendments of the Act of 1977.
17.—The Act of 1977 is hereby amended as follows: (a) by the substitution in section 12 (1) for “agricultural education”, in both places where that expression occurs, of “agricultural training”; (b) by the insertion in section 12 (1) (e) before “institutions”, where that word first occurs, of “such”; (c) by the substitution in section 30 (1) (a) for “educational advisory and research” of “training and advisory”; (d) by the substitution in section 30 (1) (c) (i) for “education” of “training”; (e) by the substitution in section 30 (2) for “education, advisory and research” of “training and advisory”; (f) by the insertion in section 34 (1) after “submit” of “to the Minister”; (g) by the substitution in section 36 (1) for “education”, in both places where that word occurs, of “training”; (h) by the insertion in section 39 (1) after “such date” of “in each year”; (i) by the substitution in section 39 (7) for “in section 1 (1) of the Agriculture (Amendment) Act, 1974.” of “in section 2 of the Agriculture (Amendment) Act, 1958 , as amended.”; (j) by the substitution in section 45, in both places where that word occurs and in section 47, for “education” of “training”; (k) by the deletion in section 53 (1) (a) of “the Institute or”; (l) by the deletion in section 53 (3) of “the Institute,”; (m) by the deletion in section 56 of “the Institute or”; (n) by the substitution in section 56 for “or, as the case may be, the Minister” of “or the Minister,”; (o) by the deletion in section 58 (a) of “and other assets” in both places where those words occur; (p) by the substitution in section 58 (c) for “the principal and interest paid” of “the amount of the principal repaid”; (q) by the insertion in section 59 (1) after “section 53” of “(in this section referred to as the net value of the transferred assets)”; (r) by the substitution in section 59 (2) for “education” of “training”; (s) by the insertion in section 59 (3) (a) (i), before “was raised” of “, the whole or part of which is still outstanding,”; (t) by the deletion in section 62 of paragraph (a), “to the Institute or”, “the Institute,” and “the Institute or”; (u) by the deletion in section 64 of paragraph (a), “of the Institute or” and “the Institute,”; and (v) by the deletion in section 65 (1) of “the Institute or”.
Amendments of the Act of 1958 Agricultural research to include basic veterinary research.
18.—(1) Section 4 (which relates to the functions of the Institute), section 13 (which relates to the expenses of the Institute) and section 15 (which relates to fees chargeable by the Institute) of the Act of 1958 shall have effect as if each reference therein to agricultural research included a reference to basic veterinary research.
Amendment of section 5 of the Act of 1958.
19.—Section 5 of the Act of 1958 is hereby amended— (a) by the substitution for subsection (2) of the following subsection: “(2) The Council shall consist of a chairman and fourteen ordinary members.”; and (b) by the insertion after subsection (9) of the following subsection: “(9A) Two persons shall be appointed from among the members of Bord na Comhairle Oiliúna Talmhaíochta established under section 8 of the Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979, to be ordinary members of the Council.”.
Amendment of section 7 of the Act of 1958.
20.—Section 7 of the Act of 1958 is hereby amended by the substitution for subsections (4) and (5) of the following subsection: “(4) Subsequently, the Director shall be appointed by the Council and shall hold office for such term and on such terms and conditions (including terms of remuneration) as may be determined by the Council. A determination under this subsection, in so far as it relates to remuneration, shall not be made without the approval of the Minister and the Minister for the Public Service.”.
Power of the Institute to borrow.
21.—(1) The following section shall be inserted in the Act of 1958 in lieu of section 10: “10.—(1) The Institute may, with the consent of the Minister, given with the consent of the Minister for Finance and subject to any conditions imposed by the Minister, borrow by means of bank overdraft, or otherwise, moneys for the purpose of the administration and operation of its functions.
Amendment of section 11 of the Act of 1958.
22.—Section 11 of the Act of 1958 is hereby amended by the substitution for subsection (2) of the following subsections: “(2) The moneys in the Endowment Fund may be used by the Institute for such capital purposes and to such extent as may from time to time be approved by the Minister with the consent of the Minister for Finance. (2A) Any unexpended balance of the Endowment Fund shall be kept invested by the Institute in such securities as may from time to time be approved by the Minister for Finance.”.
Amendment of section 12 (1) of the Act of 1958.
23.—Section 12 (1) of the Act of 1958 is hereby amended by the substitution for “the Minister for Finance in consultation with the Minister and the Council” of “the Minister in consultation with the Council and with the approval of the Minister for Finance” and that subsection, as so amended, is set out in the Table to this section.
TABLE
Amendment of section 17 of the Act of 1958.
24.—Section 17 of the Act of 1958 is hereby amended by the substitution for subsection (4) of the following subsection: “(4) (a) The numbers, grades, tenure of office and conditions of service of the members of the staff of the Institute shall be determined from time to time by the Council. (b) The remuneration and allowances of the members of the staff of the Institute shall be determined from time to time by the Council with the concurrence of the Minister and the Minister for the Public Service.”.
Superannuation.
25.—(1) The following section shall be substituted for section 18 of the Act of 1958: “18.—(1) The Council may prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension or gratuity or both to or in respect of its permanent staff (including the person appointed first Director).
Amendment of Agriculture Act, 1931 Amendment of Second Schedule to Agriculture Act, 1931.
26.—(1) The Second Schedule (which relates to the appointment and membership of committees of agriculture) to the Agriculture Act, 1931 , is hereby amended— (a) by the substitution for Rule 2 of the following Rule: “2. (1) Every committee of agriculture shall be composed both of persons who are and persons who are not chosen by the council and the number of members of every such committee chosen by the council shall be, in case the committee consists of a number of members which is a multiple of five, three-fifths of that number, and in any other case, the number which is the next whole number above three-fifths of the number of members.
Amendment of Agriculture (Amendment) Act, 1958 Amendment of section 2 of Agriculture (Amendment) Act, 1958.
27.—
Section 2
of the Agriculture (Amendment) Act, 1958 , is hereby amended by the addition of the following subsection: “(6) The council of a county shall pay any balance of the contribution to be made under subsection (1) of this section which remains unpaid on the coming into operation of section 53 of the National Agricultural Advisory, Education and Research Authority Act, 1977 , partly to An Chomhairle Oiliúna Talmhaíochta and partly to the committee of agriculture for the county in such proportions as the Minister may direct.”.
Acts Referred to Agriculture Act, 1931 1931, No. 8 Agriculture (An Foras Talúntais) Act, 1958 1958, No. 1 Agriculture (Amendment) Act, 1958 1958, No. 17 National Agricultural Advisory, Education and Research Authority Act, 1977 1977, No. 13 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais