National Development Finance Agency (Amendment) Act 2007

This Act extends the functions of the National Development Finance Agency (NDFA) to allow it to procure a Centre of Expertise for procuring Public Private Partnership projects on behalf of State authorities.  Through this legislation, the NDFA is allocated a new procurement function giving the Agency the power to enter into PPPs with a view to transferring them to the relevant State authority, or to act as agents for State authorities for PPP procurement.  The Act also provides for three additional Board members to be appointed to the board of the NDFA.

To view the National Development Finance Agency (Amendment) Act 2007 as a PDF document, Click here.

National Development Finance Agency Act 2002

The purpose of this Act was to establish the NDFA, which performs its functions through the National Treasury Managemnet Agency.  The Act empowers the NDFA to:

• provide advice to State Authorities, including Government Departments, to assist them in evaluating financial risks and costs of public investment projects;
• assess optimal financing for public investment projects (including PPPs) such as those set out in the NDP and other infrastructure priorities; and
• in certain circumstances, raise finance for public investment projects.

To view the National Development Finance Agency Act 2002 as a PDF document, Click here.

To view the statutory instrument adding Iarnrod Eireann to the schedule of the  National Development Finance Agency Act 2002 please click here

State Authorities (Public Private Partnership Arrangements) Act 2002

The State Authorities (Public Private Partnership Arrangements) Act 2002 came into effect on 22nd March 2002 and facilitates the fullest possible participation by Irish State Authorities in the PPP process.

A critical issue, which has arisen in other jurisdictions in relation to the PPP process, is that of the certainty of vires of public authorities to engage in public private partnerships.

The Act provides certainty as to the powers of Irish State authorities to enter into PPPs and gives local authorities the power to enter into joint ventures.

It strikes a balance between the needs and interests of the public sector, and ultimately those of the Exchequer, and the private sector. The Act contributes to the creation of an environment in which Public Private Partnership can flourish as a method of public procurement.

To view the State Authorities (Public Private Partnership Arrangements) Act 2002 as a PDF document, Click here.

The Transport (Railway Infrastructure) Act 2001

The Transport (Railway Infrastructure) Act 2001 is relevant to PPPs in Ireland because it facilitates private sector participation in the development of the rail sector in Ireland. The Act establishes the Railway Procurement Agency (RPA), which is an independent statutory public body with responsibility for procuring new metro and light rail infrastructure and services through public private partnerships, joint ventures or other means, as determined by the Minister for Transport.

To view the The Transport (Railway Infrastructure) Act 2001 as a PDF document, Click here.