Public Private Partnership Legislation Enacted
On
the 21st February 2002 the State Authorities (Public Private Partnership
Arrangements) Act, 2002 (the Act) became law with an effective
date of the 21st March 2002. As the long title to the Act suggests,
it is designed to provide for certain functions and powers to
certain State Authorities, to enable them to enter into Public
Private Partnership Arrangements. The Schedule to the Act sets
out those entities that constitute "a State Authority"
for the purposes of the Act.
They include any Government Department, any Local Authority, the
Commissioners of Public Works in Ireland, the National Roads Authority,
Health Boards, the Eastern Regional Health Authority, a constituted
university (other than Trinity College Dublin), the Dublin Institute
of Technology, a Regional Technical College, a Vocational Educational
Committee, the Courts Service and any Harbour Authority constituted
under the Harbours Acts.
They
include any Government Department, any Local Authority, the Commissioners
of Public Works in Ireland, the National Roads Authority, Health
Boards, the Eastern Regional Health Authority, a constituted university
(other than Trinity College Dublin), the Dublin Institute of Technology,
a Regional Technical College, a Vocational Educational Committee,
the Courts Service and any Harbour Authority constituted under
the Harbours Acts.
Section
3(1) of the Act contemplates the entry by a State Authority into
an arrangement with any other person (which could be but need not
necessarily be a private entity) which is defined as "a Public
Private Partnership Arrangement" for the performance of the
functions of the State Authority concerning:-
- the
design and construction of an asset (the definition of which
includes an existing asset or the asset to be provided under
the contemplated arrangements), together with the operation
of the services relating to it, the financing of it and if necessary,
its design, construction and operation; or
- the
construction of an asset together with the operation of the
services relating to it and its financing, if required; or
-
the design and construction of an asset together with the provision
of finance for such design and construction; or
-
the provision of services relating to an asset for not less
than five years and the provision of finance if required for
such services.
For
further information or general enquiries contact: -
Patrick Ryan
Email: pryan@kilroys.ie or
Kevin O'Gara
E-mail: kogara@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602
© Kilroys Solicitors 2002
 |
