Education and Training Boards Act 2013

Education and Training Boards Act 2013 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2013 Education and Training Boards Act 2013 Education and Training Boards Act 2013 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 11 of 2013 EDUCATION AND TRAINING BOARDS ACT 2013 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Regulations and orders. 4. Repeals and revocations. 5. Expenses. 6. Service of documents. 7. Offences. PART 2 Education and Training Boards 8. Establishment day. 9. Establishment of education and training boards. 10. Functions of education and training boards. 11. Conferral of additional functions on education and training boards. 12. Reserved functions. 13. Executive functions. 14. Chief executive. 15. Functions of chief executive. 16. Delegation of functions of chief executive. 17. Suspension and removal of chief executive by board. 18. Suspension and removal of chief executive by Minister. 19. Staff. 20. Direction of Minister. 21. Joint performance of functions of education and training boards. 22. Cooperation by education and training boards with education or training providers. 23. Function of education and training board performed outside functional area. 24. Scholarships. 25. Accountability of chief executive to Public Accounts Committee. 26. Accountability of chief executive to other Oireachtas committees. 27. Strategy statement. 28. Annual report. 29. Gifts and trusts. PART 3 Membership of Education and Training Boards 30. Composition of education and training boards. 31. Election, appointment and term of office of members of education and training boards. 32. Eligibility for membership of an education and training board. 33. Cesser of membership. 34. Disqualification from membership of an education and training board. 35. Offence to act when disqualified. 36. Resignation from membership. 37. Casual vacancies. 38. Expenses of members. PART 4 Regulation of Education and Training Boards 39. Policy directions of Minister. 40. Report on operation of education and training board. 41. Directions following report on operation of an education and training board. 42. Transfer of functions of education and training boards. 43. Removal of members from office. PART 5 Committees of Education and Training Boards 44. Committees. 45. Finance committee and audit committee. PART 6 Finance 46. Expenditure limit. 47. Annual service plan. 48. Deposit of monies standing to credit of education and training board. 49. Powers of borrowing. 50. Fees. 51. Accounts. 52. Audit functions. 53. Acquisition, holding or disposal of land. PART 7 Dissolution of Bodies 54. Interpretation. 55. Dissolution of vocational education committees. 56. Liability for loss occurring before establishment day. 57. Transfer of land and other property. 58. Transfer of staff. 59. Superannuation. 60. Transfer of rights and liabilities, and continuation of leases, licences and permissions. 61. Provisions consequent upon transfer of assets and liabilities. 62. Records of dissolved bodies. 63. Accounts and final annual report of dissolved bodies. PART 8 Miscellaneous 64. Repeal of section 2(1)(j) of Unfair Dismissals Act 1977. 65. Repeal of section 24(13) of Act of 1998. 66. Amendment of section 13 of Act of 1998. 67. Transition for membership. 68. Transition for inquiries. 69. Saver (Regional Technical Colleges Act 1992 and Dublin Institute of Technology Act 1992). 70. Transition for scholarships. 71. Saver (Student Support Act 2011). 72. Consequential amendments to other Acts. PART 9 Amendment of National Development Finance Agency Act 2002 73. Amendment of National Development Finance Agency Act 2002. SCHEDULE 1 PART 1 Acts Repealed PART 2 Statutory Instruments Revoked SCHEDULE 2 Education and Training Boards and Education and Training Board Areas SCHEDULE 3 Education and Training Boards SCHEDULE 4 Composition of Education and Training Boards SCHEDULE 5 Relevant Education and Training Boards SCHEDULE 6 Consequential Amendments to Other Acts Acts Referred to Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 2001, No. 19 Children Act 2001 2001, No. 24 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Dublin Institute of Technology Act 1992 1992, No. 15 Education Act 1998 1998, No. 51 Education (Amendment) Act 2012 2012, No. 14 Ethics in Public Office Act 1995 1995, No. 22 European Parliament Elections Act 1997 1997, No. 2 Finance Act 2002 2002, No. 5 Health Act 2004 2004, No. 42 Institutes of Technology Act 2006 2006, No. 25 Local Elections (Disclosure of Donations and Expenditure) Act 1999 1999, No. 7 Local Government Act 2001 2001, No. 37 Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Ministers and Secretaries (Amendment) Act 2011 2011, No. 10 National Development Finance Agency (Amendment) Act 2007 2007, No. 16 National Development Finance Agency Act 2002 2002, No. 29 National Treasury Management Agency (Amendment) Act 2000 2000, No. 39 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Acts 1998 and 2006 Prisons Act 2007 2007, No. 10 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Public Service Management (Recruitment and Appointments) Act 2004 2004, No. 33 Public Service Pensions (Single Scheme and Other Provisions) Act 2012 2012, No. 37 Redundancy Payments Acts 1996 to 2011 Regional Technical Colleges Act 1992 1992, No. 16 Student Support Act 2011 2011, No. 4 Taxes Consolidation Act 1997 1997, No. 39 Terms of Employment (Information) Acts 1994 to 2012 Unfair Dismissals Act 1977 1977, No. 10 Unfair Dismissals Acts 1977 to 2007 Vocational Education (Amendment) Act 1944 1944, No. 9 Vocational Education (Amendment) Act 2001 2001, No. 23 Vocational Education Act 1930 1930, No. 29 Vocational Education Acts 1930 to 2006 Youth Work Act 2001 2001, No. 42 Number 11 of 2013 EDUCATION AND TRAINING BOARDS ACT 2013 AN ACT TO PROVIDE FOR THE BETTER COORDINATION AND DELIVERY OF EDUCATION AND TRAINING, AND, FOR THAT PURPOSE TO PROVIDE FOR THE ESTABLISHMENT OF BODIES TO BE KNOWN AS EDUCATION AND TRAINING BOARDS; TO PROVIDE FOR THE DISSOLUTION OF VOCATIONAL EDUCATION COMMITTEES; TO PROVIDE FOR THE TRANSFER OF ASSETS, LIABILITIES AND STAFF OF VOCATIONAL EDUCATION COMMITTEES TO EDUCATION AND TRAINING BOARDS; TO PROVIDE FOR THE REPEAL OF THE VOCATIONAL EDUCATION ACTS 1930 TO 2006, THE AMENDMENT OF THE UNFAIR DISMISSALS ACT 1977, THE NATIONAL DEVELOPMENT FINANCE AGENCY ACT 2002 AND THE EDUCATION ACT 1998, THE REVOCATION OF CERTAIN STATUTORY INSTRUMENTS AND THE CONSEQUENTIAL AMENDMENT OF CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS. [8th May, 2013] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and commencement. 1.— (1) This Act may be cited as the Education and Training Boards Act 2013. (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions. (3) Without prejudice to the generality of subsection (2), an order under that subsection may— (a) in respect of the repeal by section 4 (1) of the Acts specified in Part 1 of Schedule 1 , appoint different days for the repeal of different Acts or different provisions of them, or (b) in respect of the revocation by section 4 (2) of the statutory instruments specified in Part 2 of Schedule 1 , appoint different days for the revocation of different statutory instruments or different provisions of them. Interpretation. 2.— In this Act— “Act of 1930” means the Vocational Education Act 1930 ; “Act of 1944” means the Vocational Education (Amendment) Act 1944 ; “Act of 1998” means the Education Act 1998 ; “Act of 2001” means the Local Government Act 2001 ; “annual service plan” has the meaning assigned to it by section 47 and includes an amended annual service plan; “audit committee” has the meaning assigned to it by section 45 ; “board of management” shall be construed in accordance with section 14 of the Act of 1998; “centre for education” has the same meaning as it has in the Act of 1998; “chief executive” has the meaning assigned to it by section 14 ; “children detention school” has the same meaning as it has in the Children Act 2001 ; “dissolved body” shall be construed in accordance with section 55 ; “education and training board” shall be construed in accordance with section 9 ; “education and training board area” shall be construed in accordance with section 9 ; “Education and Training Boards Ireland” means the association established to collectively represent education and training boards and promote their interests, which is recognised by the Minister for the purposes of this Act; “education or training facility” means a place, other than a centre for education or recognised school, which provides education, training or instruction and which is maintained or resourced by an education and training board; “education or training provider” means a person, other than an education and training board, who provides, organises or procures a programme of education or training; “election year” has the same meaning as it has in the Act of 2001; “establishment day” shall be construed in accordance with section 8 ; “executive function” shall be construed in accordance with section 13 ; “finance committee” has the meaning assigned to it by section 45 ; “functional area” shall be construed in accordance with section 9 ; “learner” means a person, other than a student, who is acquiring or who has acquired knowledge, skill, training or competence; “local authority” has the same meaning as it has in the Act of 2001; “local election” has the same meaning as it has in the Act of 2001; “Minister” means the Minister for Education and Skills; “parent” has the same meaning as it has in the Act of 1998; “patron” has the same meaning as it has in the Act of 1998; “post election meeting” has the meaning assigned to it by section 31 ; “prison” has the same meaning as it has in the Prisons Act 2007 ; “prescribed” means prescribed by regulations made by the Minister; “public service body” has the same meaning it has in section 3 (1) of the Ministers and Secretaries (Amendment) Act 2011 ; “recognised school” means a school— (a) designated by the Minister under subsection (1) of section 10 of the Act of 1998 to be a school recognised for the purposes of that Act, or (b) deemed to be a school recognised in accordance with the said section 10; “reserved function” shall be construed in accordance with section 12 ; “strategy statement” has the meaning assigned to it by section 27 ; “student” has the same meaning as it has in the Act of 1998; “vocational education committee” means a vocational education committee established under section 7 of the Act of 1930. Regulations and orders. 3.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) A regulation or order under this Act may— (a) apply in respect of all education and training boards or such education and training boards or classes of education and training boards as are specified in the regulation or order, and (b) contain different provisions in relation to different education and training boards or to different parts of an education and training board area. (4) Every order (other than an order under section 1 (2), section 8 or section 43 (3)) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Repeals and revocations. 4.— (1) Each Act specified in columns (2) and (3) of Part 1 of Schedule 1 is repealed to the extent specified in column (4) of that Part. (2) Each statutory instrument specified in columns (1) and (2) of Part 2 of Schedule 1 is revoked to the extent specified in column (3) of that Part. Expenses. 5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Service of documents. 6.— (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address. (2) For the purpose of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. Offences. 7.— A person guilty of an offence under this Act is liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 12 months or both. PART 2 Education and Training Boards Establishment day. 8.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of education and training boards. 9.— (1) There shall stand established on the establishment day the education and training boards (each of which shall be known as an education and training board) specified in column (1) of Schedule 2 for the education and training board areas specified in column (2) of that Schedule opposite the reference in column (1). (2) An education and training board established under subsection (1) shall, subject to subsection (3), be known by the name specified in column (1) of Schedule 2 . (3) The Minister may, at the request of an education and training board, by order specify a name, other than the name of the board specified in column (1) of Schedule 2 , by which the board may describe itself for operational purposes. (4) A reference in this Act to the functional area of an education and training board means, in respect of an education and training board specified in column (1) of Schedule 2 , the education and training board area specified in column (2) of that Schedule opposite the reference in column (1). (5) Notwithstanding any other provision of this Act, every member of a vocational education committee holding office immediately prior to the establishment day shall on the establishment day become and be a member of the relevant education and training board for a term ending on the date of the next post election meeting of that board. (6) The Minister shall, on the establishment day, fix a date for the holding of the first meeting of each education and training board. (7) Schedule 3 applies to education and training boards. (8) In this section, “relevant education and training board” shall be construed in accordance with section 54 . Functions of education and training boards. 10.— (1) The general functions of an education and training board shall be to— (a) establish and maintain recognised schools, centres for education and education or training facilities in its functional area, (b) when directed to do so by the Minister under section 20 — (i) establish and maintain recognised schools in its functional area, (ii) establish and maintain centres for education in its functional area, (iii) maintain centres for education or recognised schools in its functional area, and (iv) establish, maintain or resource education or training facilities in its functional area, (c) plan, provide, coordinate and review the provision of education and training, including education and training for the purpose of employment, and services ancillary thereto in its functional area in— (i) recognised schools or centres for education maintained by it, (ii) education or training facilities maintained or resourced by it, (iii) children detention schools, (iv) prisons, and (v) facilities maintained by other public service bodies, (d) enter into arrangements with, and provide support services to, education or training providers, in accordance with section 22 , (e) establish scholarships in accordance with section 24 , (f) adopt a strategy statement in accordance with section 27 , (g) adopt an annual service plan in accordance with section 47 , (h) cooperate with any body nominated to carry out the internal audit functions under section 52 , (i) provide education and training at the request of, and on behalf of, any body which funds training out of money provided to that body by the Oireachtas, (j) support the provision, coordination, administration and assessment of youth work services in its functional area and provide such information as may be requested by the Minister for Children and Youth Affairs in relation to such support, and (k) assess whether the manner in which it performs its functions is economical, efficient and effective. (2) An education and training board shall, in the performance of its functions where it considers appropriate, consult with— (a) boards of management of recognised schools maintained by it, (b) persons performing functions which are the same as, or substantially the same as, functions exercised by boards of management referred to in paragraph (a), in relation to— (i) centres for education maintained by it, (ii) education or training facilities maintained or resourced by it, or (iii) children detention schools, prisons, education or training facilities or facilities maintained by other public service bodies where the board provides education or training, (c) students of recognised schools or centres for education maintained by it, (d) learners in children detention schools, prisons, education or training facilities or in facilities maintained by other public service bodies where the board provides education or training, (e) parents of students referred to in paragraph (c) and parents of learners referred to in paragraph (d) where the students or learners have not attained the age of 18 years, (f) members of its staff, (g) bodies representative of business, industry and employers, (h) persons who have a particular interest in, or knowledge of, education and training provided in recognised schools or centres for education maintained by it, or education or training facilities maintained or resourced by it, and (i) any other person it considers is likely to be affected by the performance of its functions. (3) An education and training board shall have all powers necessary or expedient for the performance of its functions. (4) An education and training board shall have regard to Government policy to the extent that it may affect or relate to the functions of the board and shall comply with any policy direction that may from time to time be notified to the board by the Minister. (5) The Minister may request Education and Training Boards Ireland to— (a) make representations on behalf of an education and training board in respect of its functions, (b) conduct surveys in respect of information sought by the Minister in respect of the performance of functions by education and training boards, and (c) give such assistance to an education and training board as the Minister considers necessary for the effective discharge of its functions. (6) In this section “youth work” has the same meaning as it has in the Youth Work Act 2001 . Conferral of additional functions on education and training boards. 11.— (1) The Minister may, by order, confer on an education and training board such additional functions connected with the functions for the time being of the board as he or she determines, subject to such conditions (if any) as may be specified in the order. (2) An order under this section may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order. Reserved functions. 12.— (1) Every education and training board shall, subject to sections 44 and 45 , perform by resolution of its members, such of its functions as are declared by or under this Act to be reserved functions. (2) Each of the following are reserved functions: (a) a request by an education and training board for a name by which the board may describe itself for operational purposes under section 9 (3); (b) the appointment of a chief executive in accordance with section 14 ; (c) the suspension of a chief executive in accordance with section 17 ; (d) the establishment of a scholarship under section 24 ; (e) the giving of an opinion under section 27 (4)(h) and the adoption (with or without modifications) of a strategy statement under section 27 ; (f) the adoption of an annual report under section 28 ; (g) the acceptance of gifts or being constituted as a trustee under section 29 ; (h) a decision to authorise the attendance by a member at a conference, seminar, meeting or event under section 38 ; (i) in relation to a committee established under section 44 — (i) the establishment or dissolution of the committee, (ii) the determination of the terms of reference and the regulation of the procedures of the committee, (iii) the appointment or removal from office of a member (including the chairperson) of the committee, and (iv) the confirmation of an act of the committee; (j) the adoption of an annual service plan under section 47 ; (k) the power to borrow money under section 49 ; (l) the keeping of accounts in accordance with section 51 ; (m) in relation to a finance committee and an audit committee— (i) the establishment of those committees, (ii) the appointment and removal of a member (including the chairperson) of those committees, and (iii) the receipt of a report prepared by each of those committees and the determination of what action (if any) should be taken as a result of the findings of any such report; and (n) the acquisition, holding and disposal of land, or any interest in land, under paragraph 3 of Schedule 3 . (3) The Minister may by order declare any function conferred on an education and training board under section 11 to be a reserved function. (4) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister. (5) The chief executive of an education and training board shall assist the members of the board in the performance of their functions in such manner as those members may require. (6) An education and training board shall not perform by resolution of its members, or give a direction in relation to the performance of, a function of the board that is not a reserved function. Executive functions. 13.— (1) Every function of an education and training board that is not a reserved function shall be an executive function of the board. (2) The executive functions of an education and training board shall be performed by the chief executive of that board. (3) A chief executive shall, in the performance of an executive function, act in accordance with the policies for the time being of the education and training board for which he or she is the chief executive. Chief executive. 14.— (1) There shall be a chief executive officer of each education and training board (in this Act referred to as a “chief executive”). (2) Subject to subsections (4), (5) and (6), a chief executive shall be appointed by an education and training board— (a) in accordance with procedures determined by the Minister following consultation with the Minister for Public Expenditure and Reform, and (b) with the consent of the Minister. (3) A chief executive shall hold office upon and subject to such terms and conditions, including terms and conditions relating to remuneration, allowances and superannuation, as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform. (4) The Minister may, before the establishment day, designate a person to be appointed the first chief executive of an education and training board. (5) If immediately before the establishment day, a person stands designated by the Minister under subsection (4), the person shall, on the establishment day, stand appointed as the first chief executive of the education and training board for which he or she was so designated. (6) Where a person who stands appointed under subsection (5) dies, resigns or otherwise ceases to hold office prior to the date first fixed under section 31 (7)(a)(ii), the Minister may, with the consent of the Minister for Public Expenditure and Reform, appoint a chief executive to fill the vacancy so occasioned. (7) Subject to subsections (8) and (9), a chief executive of an education and training board shall not hold any other office or employment or carry on any other business without the consent of the board. (8) A chief executive of an education and training board may, at the request of the Minister, hold any other additional office or employment in any other public service body, for such period as may be specified by the Minister, and shall do so where the Minister so directs. (9) The Minister may direct an education and training board to arrange for the secondment of the chief executive of its board to— (a) another education and training board, or (b) another public service body. (10) An education and training board shall comply with a direction under subsection (9). Functions of chief executive. 15.— (1) A chief executive of an education and training board shall perform the executive functions of the board. (2) A chief executive of an education and training board shall provide such information to the board, regarding the performance of his or her functions, as that board may from time to time require. (3) A chief executive of an education and training board shall provide such information to the Minister regarding the performance of his or her functions as the Minister may from time to time require. (4) A chief executive of an education and training board shall be accountable to the board for the due performance of his or her functions. Delegation of functions of chief executive. 16.— (1) A chief executive of an education and training board may in writing, subject to such terms and conditions as he or she considers appropriate and any directions that may be given by the Minister, delegate any of his or her functions to a specified member of staff of the board, and that member of staff shall be accountable to the chief executive for the performance of the functions so delegated. (2) A chief executive shall be accountable to the education and training board for the performance of the functions delegated by him or her in accordance with subsection (1). (3) Where a delegation is made to a member of staff under subsection (1), the member shall perform the function concerned— (a) under the general direction and control of the chief executive, (b) in accordance with such directions (if any) given by the Minister in relation to the performance of that function, (c) in accordance with such terms and conditions (if any) specified under that subsection, and (d) in like manner and subject to the like conditions (if any) applicable to the exercise of that function by the chief executive. (4) The chief executive may revoke a delegation made in accordance with this section and shall revoke such delegation where the Minister so directs. Suspension and removal of chief executive by board. 17.— (1) An education and training board may, subject to this section, suspend the chief executive of the board— (a) for stated misbehaviour, or (b) where it appears necessary to the board for the effective performance by the board of its functions. (2) Where an education and training board intends to propose a resolution to suspend the chief executive of that board for any of the reasons set out in subsection (1), a notice of intention to propose the resolution shall be served on the chief executive and each member of the board concerned. (3) A notice under subsection (2) shall— (a) be signed by not less than half of the members of the board concerned, (b) state the reasons for the proposed suspension, (c) state that the chief executive may submit a statement to the board within 14 days of the service of the notice in relation to the reasons stated under paragraph (b), and (d) specify a day, not less than 21 days after the day on which the notice is served on the chief executive for the holding of a special meeting of the board to consider the proposed suspension. (4) Subject to subsection (5), at a special meeting of an education and training board referred to in paragraph (d) of subsection (3), the board may, having considered any statement submitted under paragraph (c) of that subsection, by resolution suspend the chief executive of the board from such date as may be specified by the board. (5) A resolution under subsection (4) shall require not less than three quarters of the members of the board concerned to vote in favour of the resolution. (6) A copy of a resolution passed under subsection (4) shall be given to the chief executive as soon as practicable after the resolution is passed. (7) An education and training board shall, within 7 days of the passing of a resolution under subsection (4), furnish to the Minister a copy of— (a) the notice of intention to propose a resolution, (b) any statement of the chief executive submitted in accordance with subsection (3)(c), and (c) the resolution so passed. (8) The Minister shall, within 21 days of the receipt of a resolution under subsection (7), appoint a panel of 3 persons having knowledge of, or experience in, education, human resources or management (in this section referred to as an “advisory panel”). (9) The Minister shall nominate one of the 3 persons appointed to the advisory panel to be the chairperson of that panel. (10) An advisory panel shall, within 21 days of being appointed, having considered the documents referred to in subsection (7), submit a report to the Minister containing its recommendations as to— (a) whether the chief executive should remain suspended and, if so, for what period, (b) whether the chief executive should be removed from office, or (c) any other matter arising out of its considerations as the panel thinks appropriate in the circumstances. (11) Upon consideration of a report submitted under subsection (10), the Minister shall, within 14 days of the receipt of the report— (a) lift the suspension of the chief executive, subject to such terms and conditions (if any) as the Minister considers appropriate, (b) confirm the suspension of the chief executive setting out the period for which the suspension is to apply and setting out such terms and conditions (if any) as shall apply to the chief executive on the expiration of the period of suspension, or (c) remove the chief executive from office. (12) The Minister shall notify the education and training board and chief executive concerned of his or her decision under subsection (11) and the date from which such decision is to take effect. (13) A panel appointed under this section shall be independent in the performance of its functions. (14) The Minister may by regulations prescribe any matter of procedure for the purposes of this section. Suspension and removal of chief executive by Minister. 18.— (1) The Minister may, subject to this section, suspend a chief executive of an education and training board— (a) for stated misbehaviour, or (b) where it appears necessary to the Minister for the effective performance by the board of its functions. (2) Where the Minister proposes to suspend a chief executive of an education and training board for any of the reasons set out in subsection (1), a notice of intention to suspend the chief executive shall be served by the Minister on the chief executive and on each member of the board concerned. (3) A notice under subsection (2) shall— (a) state the reasons for the proposed suspension, and (b) state that the chief executive, and the education and training board concerned, may each submit a statement to the Minister within 14 days of the service of the notice in relation to the reasons stated under paragraph (a). (4) The Minister may, having considered any statements submitted under paragraph (b) of subsection (3), suspend the chief executive of the education and training board from such date as may be specified by the Minister. (5) The Minister shall notify the chief executive and the board concerned of his or her decision as soon as practicable after the decision is made. (6) The Minister shall, within 21 days of any decision to suspend a chief executive under subsection (4), appoint a board of 3 persons having knowledge of, or experience in, education, human resources or management (in this section referred to as an “advisory board”). (7) The Minister shall nominate one of the 3 persons appointed to the advisory board to be the chairperson of that board. (8) An advisory board shall, within 21 days of being appointed, having considered the notice of intention to suspend, any statement submitted to the Minister under paragraph (b) of subsection (3) and the decision of the Minister, submit a report to the Minister containing its recommendations as to— (a) whether the chief executive should remain suspended and, if so, for what period, (b) whether the chief executive should be removed from office, or (c) any other matter arising out of its considerations as the board thinks appropriate in the circumstances. (9) Upon consideration of a report submitted under subsection (8), the Minister shall, within 14 days of the receipt of the report— (a) lift the suspension of the chief executive, subject to such terms and conditions (if any) as the Minister considers appropriate, (b) confirm the suspension of the chief executive setting out the period for which the suspension is to apply and setting out such terms and conditions (if any) as shall apply to the chief executive on the expiration of the period of suspension, or (c) remove the chief executive from office. (10) The Minister shall notify the education and training board and the chief executive concerned of his or her decision under subsection (9) and the date from which such decision is to take effect. (11) An advisory board appointed under this section shall be independent in the performance of its functions. (12) The Minister may by regulations prescribe any matter of procedure for the purpose of this section. Staff. 19.— (1) Each education and training board may appoint— (a) in accordance with procedures determined by the Minister following consultation with the Minister for Public Expenditure and Reform, and (b) with the consent of the Minister, such and so many persons to be members of staff of the board concerned as it may from time to time determine. (2) The terms and conditions of service of a member of staff of an education and training board shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, be such as may be determined from time to time by the board. (3) There shall be paid by an education and training board to the members of its staff such remuneration, allowances and expenses as, from time to time, the board with the consent of the Minister and the Minister for Public Expenditure and Reform determines. (4) In this section “member of staff” does not include a Principal, teacher or other member of staff of a recognised school. Direction of Minister. 20.— The Minister may give a direction to an education and training board to— (a) establish and maintain a recognised school in its functional area, (b) establish and maintain a centre for education in its functional area, (c) maintain a recognised school or a centre for education in its functional area, or (d) establish, maintain or resource an education or training facility in its functional area. Joint performance of functions of education and training boards. 21.— (1) Any 2 or more education and training boards may, with the consent of the Minister, make arrangements for the joint performance by them of any of their functions, and if any question arises in relation to such an arrangement the question shall be referred by the education and training boards concerned to the Minister whose decision thereon shall be final. (2) Without prejudice to the generality of subsection (1) an arrangement to which that subsection applies may relate to the joint acquisition, holding, and disposal of land, or any interest in land, by 2 or more education and training boards. (3) The Minister may, if of the opinion that 2 or more education and training boards would more effectively perform any function if they were to perform it jointly with one another, direct that they so do, subject to such terms as may be specified in the direction. (4) Before giving a direction under subsection (3), the Minister shall by notice in writing inform each of the education and training boards concerned that he or she proposes to give such direction. (5) A notice under subsection (4) shall— (a) specify the Minister’s reasons for proposing to give a direction under this section, (b) specify the terms of the direction that he or she proposes to give, and (c) invite the education and training boards concerned to make, not later than 14 days from the date of the service of the notice, representations in writing to the Minister in relation to the proposed direction. (6) The Minister shall, in deciding whether or not to give a direction under this section, take into account any representations made under subsection (5). (7) Where the Minister gives a direction to 2 or more education and training boards under this section, the Minister may request Education and Training Boards Ireland to give such assistance, the nature and form or which shall be stated in the direction, to those boards as he or she considers necessary for the effective implementation of that direction. (8) An education and training board shall comply with a direction given to it under this section. Cooperation by education and training boards with education or training providers. 22.— (1) An education and training board may, with the consent of the Minister, enter into an arrangement with an education or training provider for the joint performance of any of the functions of the board, subject to such terms and conditions as may be agreed by the board and the provider. (2) Without prejudice to the generality of subsection (1), but subject to section 53 and any regulations made under that section, an arrangement under subsection (1) may relate to the acquisition, holding, management, maintenance, development (including project management of such development) and disposal of land, or any interest in land. (3) The Minister may, at the request of an education or training provider, direct an education and training board to perform any of its functions jointly with that provider, subject to such terms and conditions as may be specified in the direction. (4) An education and training board may, at the request of an education or training provider, with the consent of the Minister and subject to such terms and conditions as may be agreed by the board and the provider, provide support services to the education or training provider. (5) The Minister may, at the request of an education or training provider, direct an education and training board to provide support services to the education or training provider, subject to such terms and conditions as may be specified in the direction. (6) The Minister may request Education and Training Boards Ireland to give such assistance to an education and training board as he or she considers necessary for the implementation of a direction under this section. (7) An education and training board shall comply with a direction under this section. (8) The Minister shall, in deciding whether or not to give a direction or his or her consent under this section, have regard to— (a) the existing provision of, and future need for, education and training in the area in which the education or training provider is situated, (b) the desirability of providing a diverse range of education and training opportunities for students and learners, (c) the optimum use of available resources, (d) the desirability of securing value for money in respect of arrangements entered into or support services provided under this section, (e) the availability of expertise, experience and skills in the education and training board and education or training provider concerned, (f) the capacity of the education and training board concerned to enter into arrangements or provide support services under this section, and (g) the opportunity to share resources, expertise, experience and skills for the benefit of students or learners. (9) In this section, “support services” includes— (a) the holding, management, maintenance or development of land, (b) project management, (c) the giving of assistance in relation to the purchase or procurement of goods and services, (d) human resources, (e) financial services, (f) legal services, (g) information and communications technology, and (h) corporate governance. Function of education and training board performed outside functional area. 23.— (1) Subject to subsections (2), (3) and (4), the Minister may give a direction to an education and training board (in this section referred to as the “first board”) to carry out a function of another education and training board (in this section referred to as the “second board”) in that board’s functional area, subject to such terms and conditions as the Minister determines. (2) Before giving a direction under subsection (1), the Minister shall, by notice in writing, inform the first and second board that he or she proposes to give such direction. (3) A notice under subsection (2) shall— (a) specify the Minister’s reasons for proposing to give a direction under this section, (b) specify the terms of the direction that he or she proposes to give, and (c) invite the first board and second board to make, not later than 14 days from the date of service of the notice, representations in writing to the Minister in relation to the proposed direction. (4) The Minister shall, in deciding whether or not to give a direction under this section, take into account any representations made under subsection (3). (5) The Minister shall notify the second board of a direction given under this section. (6) The first board shall comply with a direction given to it under this section. (7) The second board shall, on the request of the first board, cooperate with and assist the first board in implementing a direction given to the first board under this section. Scholarships. 24.— (1) A chief executive of an education and training board may prepare and submit a proposal to the board for the establishment of, or the provision of assistance in the establishment of, a scholarship by the board. (2) A proposal under subsection (1) for the establishment of a scholarship by the board shall specify— (a) the amount and tenure of the scholarship, and (b) any terms and conditions to be attached to the scholarship. (3) A proposal under subsection (1) for the provision of assistance in the establishment of a scholarship shall specify— (a) the amount and tenure of the scholarship, (b) any terms and conditions to be attached to the scholarship, and (c) the nature of the assistance to be provided by the board in the establishment of that scholarship. (4) An education and training board shall, having considered a proposal under subsection (1)— (a) with the approval of the Minister establish, or assist in the establishment of, the scholarship in accordance with the terms and conditions of the proposal, or (b) refuse to establish or assist in the establishment of the scholarship. Accountability of chief executive to Public Accounts Committee. 25.— (1) The chief executive of an education and training board shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that that board is required by this Act to prepare, (b) the economy and efficiency of the board in the use of its resources, (c) the systems, procedures and practices employed by the board for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (2) The chief executive of an education and training board shall give evidence to the Committee referred to in subsection (1), whenever required to do so by that Committee, in respect of any of the following matters insofar as they relate to a dissolved body for which the board is the relevant education and training board— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that that dissolved body was required by the Vocational Education (Amendment) Act 2001 to prepare, (b) the economy and efficiency of the dissolved body in the use of its resources, (c) the systems, procedures and practices employed by the dissolved body for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the dissolved body referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (3) In the performance of his or her duties under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. (4) In this section, “relevant education and training board” shall be construed in accordance with section 54 . Accountability of chief executive to other Oireachtas committees. 26.— (1) Subject to subsection (2), the chief executive of an education and training board shall, at the request in writing of a Committee, attend before it to give account for the general administration of the board concerned. (2) The chief executive of an education and training board shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State. (3) Where the chief executive of an education and training board is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing. (4) Where the chief executive of an education and training board has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion— (a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or (b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. (5) Pending the determination of an application under subsection (4), the chief executive of the education and training board concerned shall not attend before the Committee to give account for the matter the subject of the application. (6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chief executive of the education and training board concerned shall attend before the Committee to give account for the matter. (7) In the performance of his or her duties under this section, a chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government, or the merits of the objectives of such a policy. (8) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 25 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee. Strategy statement. 27.— (1) Subject to subsections (2) and (4), the chief executive of an education and training board shall, as soon as practicable after the commencement of this section, and in every fifth year thereafter, prepare and submit a strategy statement (in this Act referred to as a “strategy statement”) to the board for the following 5 year period. (2) The Minister may direct a chief executive of an education and training board to prepare and submit a strategy statement to the board— (a) within a specified period, and (b) in respect of such period as is specified in the direction. (3) A strategy statement shall specify the objectives of the board, the priorities of the specified objectives and the strategies for achieving those objectives— (a) in the case of a statement prepared and submitted under subsection (1), for the 5 year period concerned, and (b) in the case of a statement prepared and submitted under subsection (2), for the period specified in the direction. (4) A chief executive shall, in preparing a strategy statement, consult, in such manner as the education and training board concerned considers appropriate, with— (a) boards of management of recognised schools maintained by it, (b) persons performing functions which are the same as, or substantially the same as, functions exercised by boards of management referred to in paragraph (a), in relation to— (i) centres for education maintained by it, (ii) education or training facilities maintained or resourced by it, or (iii) children detention schools, prisons or facilities maintained by other public service bodies where the board provides education or training, (c) members of its staff, (d) students of recognised schools or centres for education maintained by it, (e) learners in children detention schools, prisons, education or training facilities or facilities maintained by other public service bodies where the board provides education or training, (f) parents of students referred to in paragraph (d) and parents of learners referred to in paragraph (e) where the students or learners have not attained the age of 18 years, (g) bodies representative of business, industry and employers, and (h) such other persons as, in the opinion of the board, are likely to— (i) be affected by the operation of the strategy statement, and (ii) have a significant interest in the implementation of the strategy statement. (5) A chief executive shall, in preparing a strategy statement, have regard to— (a) such policy directions of the Minister as are notified to the board under section 10 (4), and (b) the financial resources that are likely to be available to give effect to the strategy statement concerned. (6) An education and training board shall, as soon as practicable after the receipt of a strategy statement submitted to it under this section— (a) adopt the strategy statement, or (b) adopt the strategy statement with such modifications as it considers appropriate, having consulted with the chief executive. (7) The chief executive of the education and training board concerned shall, as soon as practicable after a strategy statement has been adopted (whether with or without modifications), give a copy of the strategy statement to— (a) the Minister, (b) the board of management of each recognised school maintained by, and (c) persons performing functions which are the same as, or substantially the same as, functions exercised by boards of management referred to in paragraph (b), in relation to— (i) centres for education maintained by it, (ii) education or training facilities maintained or resourced by it, or (iii) children detention schools, prisons or facilities maintained by other public service bodies where it provides education or training. (8) An education and training board shall publish a strategy statement on the internet as soon as practicable after the board has adopted it. Annual report. 28.— (1) Each education and training board shall, not later than 30 June in each year, prepare, adopt and submit to the Minister a report in relation to the performance of its functions during the year immediately preceding the year in which the report is submitted, and the Minister shall, as soon as may be after receiving the report, cause copies of the report to be laid before each House of the Oireachtas. (2) A report under subsection (1) shall include a statement of the services provided by that board in the year to which the report relates, details of any gifts referred to in section 29 (4) and such other particulars as it considers appropriate or as the Minister may direct. (3) As soon as practicable after the report has been laid before each House of the Oireachtas, an education and training board shall publish it on the internet. Gifts and trusts. 29.— (1) Where a person— (a) makes an offer of a gift of money, land or other property to an education and training board, or (b) requests the board to act as a trustee of any trust or charity, the chief executive of that board shall, within one month of the offer or request being made, prepare and submit a proposal to the board setting out his or her observations on the offer or request, as the case may be, and his or her recommendation as to whether the board should accept the gift or agree to act as a trustee, as the case may be. (2) Subject to subsection (3), an education and training board may having considered any relevant observations and recommendations of the chief executive of the board— (a) with the consent of the Minister and the Minister for Public Expenditure and Reform— (i) act as a trustee of any trust or charity, or (ii) accept a gift of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor, for purposes connected with the functions of the board, or (b) refuse to act as a trustee or accept a gift as the case may be. (3) An education and training board shall not act as a trustee of any trust or charity, or accept a gift if the trust or condition attached to it by the donor is, in the opinion of the board, inconsistent with or likely to prejudice the board’s operational independence or effective performance of its functions. (4) An education and training board shall include in each report prepared under section 28 , details of any gift that exceeds such amount as the Minister, with the consent of the Minister for Public Expenditure and Reform specifies, accepted by the education and training board concerned during the period to which the report relates. (5) In subsection (4) “details” means— (a) the name and address of the donor of the gift, (b) a description of the gift, and (c) particulars of any trust or condition attached to the gift. PART 3 Membership of Education and Training Boards Composition of education and training boards. 30.— (1) Subject to section 9 (5), each education and training board shall consist of 21 members and shall comprise— (a) 12 members elected by the local authority specified in column (2) of Schedule 4 opposite the reference to the education and training board specified in column (1) of that Schedule from among the members of the local authority concerned and, where more than one local authority is specified in column (2) of that Schedule, the number of members to be elected by each local authority shall be the number specified in an order made under subsection (2); (b) 2 members who are members of staff of the education and training board elected in accordance with regulations made under subsection (7); (c) 2 members appointed in accordance with subsection (10), each of whom is the parent of a child who has not reached 18 years of age and is registered as a student in a centre for education or recognised school, or is the parent of a learner in a children detention school, prison, education or training facility or other facility maintained by any other public service body where the …