Agriculture (Research, Training and Advice) Act, 1988

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Functions of Teagasc.

4.—(1) The principal functions of Teagasc shall be—

(a) to provide, or procure the provision of, educational, training and advisory services in agriculture, including such educational, training or advisory services in agriculture as may be specified by the Minister for the purpose of giving effect to any directive, regulation or other act adopted by an institution of the European Communities,

(b) to obtain and make available to the agricultural industry the scientific and practical information in relation to agriculture required by it, and

(c) to undertake, promote, encourage, assist, co-ordinate, facilitate and review, agricultural research and development (including research and development in relation to food processing and the food processing industry).

(2) Teagasc shall, subject to the provisions of this Act, also have and enjoy all those functions (other than those conferred by sections 34 , 36 and 59 of the National Agricultural Advisory, Education and Research Authority Act, 1977 ) that immediately before the establishment day, were vested in the Institute, the Council, An Chomhairle and the Board and are not specified in subsection (1).

(3) Without prejudice to the generality of subsections (1) and (2), Teagasc shall, in performing its functions, have particular regard to the need for and the importance of agricultural training and education for young persons and research and development in relation to food processing and the food processing industry.

(4) Teagasc shall have all such powers as are necessary or expedient for the purposes of its functions.

(5) Notwithstanding the preceding provisions of this section, Teagasc shall not, unless authorised in writing by the Minister to do so, carry on or engage in—

(a) the testing of—

(i) livestock or poultry for the purposes of national breeding programmes of the Minister,

(ii) grass, cereal, root or vegetable seeds or potatoes or plants for the purposes of certification schemes of the Minister or the preparation by the Minister of lists of acceptable or recommended varieties of such seeds or of potatoes or plants (whether for the purpose of implementing any directive, regulation or other act adopted by an institution of the European Communities or otherwise) or for the purpose of the granting of proprietary rights in relation to new varieties of such seeds or of potatoes or plants, or

(iii) samples of seeds taken pursuant to section 13 of the Agricultural Seeds Act, 1936 ,

or

(b) the testing or analysis of samples of fertilisers, feeding stuffs, pesticides, mineral mixtures or agricultural products for the purposes of any provision made by or under statute.

(6) Teagasc may, with the consent of the Minister and the Minister for Finance, outside the State—

(i) perform any of the functions, provide any of the services or carry on any of the activities that it is authorised by this Act to perform, provide or carry on in the State, and

(ii) provide advisory and consultancy services in relation to—

(I) the performance of functions outside the State by other persons,

(II) the provision of services outside the State by other persons, or

(III) the carrying on of activities outside the State by other persons,

being functions, services and activities similar to those that Teagasc is authorised by this Act to perform, provide and carry on in the State.

(7) (a) Such functions of or services to be provided by Teagasc as it may determine may be performed or provided by a subsidiary and, accordingly, Teagasc may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and register one or more subsidiaries.

(b) The memorandum and articles of association of a subsidiary shall be in such form as may be determined by Teagasc with the consent of the Minister and the Minister for Finance.

(c) The Minister may give a direction in writing to Teagasc on any matter relating to a subsidiary or the policies, programmes or activities of a subsidiary and Teagasc shall comply or, as may be appropriate, secure compliance with the direction.

(d) A direction under this subsection in relation to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance.

(8) The reference in subsection (1) (a) to advisory services in agriculture shall be construed as including a reference to advisory services in relation to the growing of trees as part of a farming enterprise and the establishment of shelter belts of trees.