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
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602

© Kilroys Solicitors May 2002