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22 1991

TRADE AND MARKETING PROMOTION ACT, 1991

PART II

An Bord Tráchtála — The Irish Trade Board

Name and seal of Board.

5. —(1) The body heretofore known as Córas Tráchtála shall be known as An Bord Tráchtála — The Irish Trade Board.

(2) The Board may provide itself with a new seal.

Functions of Board.

6. —(1) The Board shall promote, assist and develop in any manner which the Board considers necessary or desirable the marketing of Irish goods and such services as are specified by the Minister by order.

(2) The Minister may by order revoke or amend any order made by him under this section, including this subsection.

(3) It shall be the duty of the Board to advise the Minister on matters affecting or in any way connected with its functions.

(4) The Board shall have all such powers as are necessary for the purposes of its functions.

(5) Without prejudice to the generality of the foregoing subsections and in addition to the powers conferred on the Board by any other provision of this Act, the Board shall have power—

(a) to purchase, take on lease or in exchange, or otherwise acquire any lands or buildings in the State or elsewhere and any estate or interest in and any rights connected with any such lands or buildings,

(b) to apply for and to receive, in the State or elsewhere, any trade marks, licences, protections or concessions and, in relation thereto, to do all such things as the Board considers necessary or desirable for the purposes of its functions,

(c) to dispose of any lands or buildings held by the Board which appear to the Board to be no longer required by the Board for the performance of its functions.

(6) The Board shall, in respect of the promotion, assistance or development by the Board of the marketing of any goods or services in relation to which a Minister exercises any function, act in consultation with that Minister.

(7) An order under section 4 (1) (a) of the Export Promotion Act, 1959 , as amended by the Export Promotion (Amendment) Act, 1983 , in force immediately before the commencement of this section shall continue in force and shall be deemed to be an order made under this section.

(8) Section 4 of the Export Promotion Act, 1959 , is hereby repealed.

Policy directives.

7. —(1) The Minister may give the Board such general policy directives as he considers appropriate having regard to the provisions of this Act.

(2) The Minister shall cause any directive given by him under subsection (1) of this section to be laid before each House of the Oireachtas within 21 days after it has been so given.

(3) The Board shall comply with every directive given to it under this section and shall set out the directive in its annual report and shall include in its annual report an account of the actions which it has undertaken to give effect to the directive.

Increase of non-repayable grants to Board.

8. —The aggregate amount of the sums which the Minister with the consent of the Minister for Finance may pay to the Board for the purpose of enabling it to exercise or perform its functions (excluding any sum paid to it under section 4 of the Export Promotion (Amendment) Act, 1963 ) shall not exceed £400,000,000 and, accordingly, section 16 (1) of the Export Promotion Act, 1959 , as amended, shall be construed as if that sum were substituted for the sum mentioned therein.

Constitution of Board.

9. —(1) The Board shall consist of not less than three and not more than eight members, one of whom shall be chairman of the Board.

(2) Section 5 (1) of the Export Promotion Act, 1959 , is hereby repealed.

Disclosure of information.

10. —(1) A person shall not, without the consent of the Board, save as otherwise provided by law, disclose any information obtained by him while performing duties as a member of the Board or as an officer or servant of, or a consultant or adviser to, the Board.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

Membership of European Parliament.

11. —(1) Where a member of the Board is—

(a) nominated as a candidate for election to the European Parliament, or

(b) regarded pursuant to section 15 (inserted by the Act of 1984) of the Act of 1977 as having been elected to the European Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Board.

(2) Where an officer or servant of the Board becomes a member of the European Parliament, section 14 of the Export Promotion Act, 1959 , shall apply to him as it applies to a person who becomes a member of either House of the Oireachtas.

(3) A person who is a member of the European Parliament shall, while he is such a member, be disqualified from becoming a member of the Board or an officer or servant of the Board.

(4) In this section—

the Act of 1977” means the European Assembly Elections Act, 1977 ;

the Act of 1984” means the European Assembly Elections Act, 1984 .