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34 1998

INDUSTRIAL DEVELOPMENT (ENTERPRISE IRELAND) ACT, 1998

PART VIII

Matters Relating to the Legal Metrology Service and the National Standards Authority of Ireland

Amendment of Metrology Act, 1996 .

49. —(1) The Metrology Act, 1996 , is hereby amended—

(a) in sections 4(1), 7(4), 9(1) and (3), 11, 12(4) and 21(1), (2) and (5), by the substitution for “Forbairt” of “the National Standards Authority of Ireland”.

(b) in section 7(2), by the deletion of “within Forbairt, and the First and Second Schedules to the Industrial Development Act, 1993 , shall have effect accordingly.”, and

(c) in section 9(1)(a), after “Forfás” by the insertion of “or the National Standards Authority of Ireland”.

(2) The Legal Metrology Service established under section 7 (1) of the Metrology Act, 1996 , shall be transferred to and continue within the NSAI.

(3) A person appointed to be an inspector by Forbairt under section 9 of the Metrology Act, 1996 , whose appointment is in force immediately before the establishment day, shall be deemed to have been appointed under that section by the NSAI.

(4) Any organisation designated under section 21 of the Metrology Act, 1996 , by Forbairt, where the designation is in force immediately before the establishment day, shall be deemed to have been designated by the NSAI.

(5) This section shall come into operation on the establishment day.

Transfer of staff of Forfás to NSAI.

50. —(1) The Minister may designate such and so many members of the staff of Forfás or of the Agency as he or she may decide to be transferred to the staff of the NSAI.

(2) A member of the staff of Forfás or of the Agency designated under subsection (1) shall be transferred to and become a member of the staff of the NSAI.

(3) Save in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a member of the staff of Forfás or of the Agency transferred to the staff of the NSAI under this section, shall not, while he or she is in the service of the NSAI, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before his or her transfer.

(4) Superannuation benefits granted under schemes under paragraph 3 of the Second Schedule to the National Standards Authority of Ireland Act, 1996 , to persons who, immediately before the commencement of this section, were members of the staff of Forfás or of the Agency designated and transferred under this section and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.

(5) This section shall come into operation on such day as the Minister may appoint by order.

Amendment of National Standards Authority of Ireland Act, 1996 .

51. —The National Standards Authority of Ireland Act, 1996 , is hereby amended—

(a) in section 7(1)—

(i) by the substitution in paragraph (k) for “standards; and” of “standards;”,

(ii) by the substitution in paragraph (l) for “conformity.” of “conformity; and”, and

(iii) the insertion after paragraph (l) of the following paragraph:

“(m) to promote the use and application of metrology in the State.”,

(b) in section 30—

(i) by the deletion of subsection (1), and

(ii) in subsection (4), by the substitution for “section” of “Act”,

(c) in section 31, by the insertion after “under” of “Part III of”,

(d) in the Second Schedule, by the deletion of paragraphs 3(9) and (10), 4 and 6, and

(e) in paragraph 5(2) of the Second Schedule, by the insertion after “offence” of “and shall be liable on summary conviction to a fine not exceeding £1,500,”.