INSTITUTE FOR ADVANCED STUDIES ACT, 1940

Type Act
Publication 1940-06-19
Last updated 2020-10-23
State In force superseded text
Text As published
articles 31

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2020-10-23, S.I. No. 451/2020 - Further and Higher Education, Research, Innovation and Science (Trans…

Reform history JSON API

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT AND MAINTENANCE IN DUBLIN OF AN INSTITUTE FOR ADVANCED STUDIES CONSISTING OF A SCHOOL OF CELTIC STUDIES AND A SCHOOL OF THEORETICAL PHYSICS, TO AUTHORISE THE ADDITION TO SUCH INSTITUTE OF SCHOOLS IN OTHER SUBJECTS, AND TO PROVIDE FOR MATTERS INCIDENTAL OR ANCILLARY TO THE MATTERS AFORESAID. [19th June, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Education;

the expression “the Institute” means the Dublin Institute for Advanced Studies established by this Act;

the expression “Constituent School” means a school which forms part of the Institute and is established under this Act by an establishment order;

the expression “the Council” means the Council of the Institute;

the word “school” when used in the expression “Constituent School” or in relation to Constituent Schools generally includes any body or organisation adapted and suitable for the furtherance of advanced study and the conduct of research in a specialised branch of knowledge.

2 Establishment of the Institute.

2.—(1) There is hereby established an institute of higher learning which shall be styled and known as Institiúid Ard-Léighinn Bhaile Átha Cliath or (in English) the Dublin Institute for Advanced Studies, to fulfil the functions assigned to it by this Act.

3 Functions of the Institute.

3.—(1) The functions of the Institute shall be to provide facilities for the furtherance of advanced study and the conduct of research in specialised branches of knowledge and for the publication of the results of advanced study and research whether carried on under the auspices of the Institute or otherwise.

4 Establishment and disestablishment of Constituent Schools.

4.—(1) As soon as conveniently may be after the passing of this Act, the Government shall establish, either simultaneously or successively, under this Act—

5 The functions and duties of the Constituent Schools.

5.—(1) The functions and duties of the School of Celtic Studies shall be the promotion of Celtic studies generally, and, in particular, but without prejudice to the generality of the foregoing—

6 Method of establishing and disestablishing Constituent Schools.

6.—(1) Every Constituent School shall be established by means of an Order (in this Act referred to as an establishment order) made by the Government and complying with the provisions of this Act applicable thereto.

7 Establishment orders.

7.—Every establishment order shall contain, subject to the provisions of this Act, such provisions in relation to the regulation and conduct of the Constituent School thereby established as the Government shall think proper, and, in particular, shall provide for the following matters, that is to say:—

8 Appointment, etc., of the Senior Professors of a Constituent School.

8.—(1) The Senior Professors of a Constituent School shall be appointed and removed by the President on the advice of the Government.

9 The Council of the Institute.

9.—(1) The body corporate of the Institute shall consist of the Council of the Institute.

10 The ex-officio members of the Council.

10.—The persons who, for the time being, occupy the following offices, namely:—

shall be ex-officio members of the Council, and in this Act, the expression “the ex-officio members of the Council” shall be construed accordingly.

11 Tenure of office of members of the Council.

11.—(1) Every member of the first Council (other than members thereof appointed to fill casual vacancies) shall, unless he sooner dies, resigns, or is removed, hold office until the date appointed by section 9 of this Act for the cesser of the first Council, but shall be eligible for reappointment.

12 Resignation of members of the Council.

12.—(1) Any member of the Council (other than an ex-officio member of the Council) may, at any time, resign his office as such member by letter sent—

13 Removal of members of the Council.

13.—(1) The President, on the advice of the Government, may at any time remove any member of the Council appointed by him.

14 Meetings and procedure of the Council.

14.—(1) The Council shall hold such and so many meetings and at such times as may be necessary for the discharge of its functions.

15 Common seal of the Institute.

15.—(1) As soon as may be after the passing of this Act, the Council shall provide and retain in their possession a common seal for the Institute.

16 Housing and accommodation.

16.—(1) It shall be the duty of the Council from time to time, as occasion requires, to make provision for erecting or acquiring (whether by purchase or on lease or otherwise) and maintaining suitable buildings to house the Institute and the several Constituent Schools and for the accommodation in a suitable manner in such buildings of the staff of the Institute and of the several Constituent Schools.

17 The Registrar.

17.—(1) The Council shall appoint an officer of the Institute who shall be known and is in this Act referred to as the Registrar.

18 Officers and servants of the Institute.

18.—(1) The Council shall appoint such and so many officers and servants for the Institute and such and so many clerical and other non-academic officers and servants for each of the Constituent Schools as they think proper, but subject, in regard to the numbers of such officers and servants, to the approval of the Minister given with the concurrence of the Minister for Finance.

19 Superannuation.

19.—(1) It shall be the duty of the Council, as soon as conveniently may be after the passing of this Act, to prepare and submit to the Minister a scheme for the granting of pensions, gratuities, or other allowances on retirement to such Senior Professors and permanent whole-time members of the academic staff of the several Constituent Schools, and to such permanent whole-time officers of the Institute as the Council, with the approval of the Minister and the concurrence of the Minister for Finance, may determine.

20 Appointments to and removals from the academic staff of a Constituent School.

20.—(1) Every appointment to a position (other than the position of Senior Professor) on the academic staff of a Constituent School shall be made by the Council on the request (with the approval of the Minister) of the Governing Board of such Constituent School, and no such appointment shall be made by the Council otherwise than on and in accordance with such request.

21 Attendance of the chairman of the Council at meetings of Governing Boards.

21.—(1) The chairman of the Council shall be entitled to attend every meeting of the Governing Board of a Constituent School and to take part in the discussions at such meeting and shall for that purpose be summoned to every such meeting and be sent the agenda and other documents circulated in relation to such meeting.

22 Powers of the Council in relation to publications and scholarships.

22.—(1) It shall be the duty of the Council, on the recommendation of the Governing Board of a Constituent School, to provide for the publication, in the manner stated in such recommendation and at the expense of such Constituent School, of contributions to learning which are the results of study or research carried on either in or under the authority of such Constituent School, or independently thereof but in relation to subjects included in the functions and duties of such Constituent School.

23 Regulations.

23.—(1) It shall be the duty of the Council to make regulations providing, subject to the provisions of this Act, for the good government of the Institute and, subject to the relevant establishment order and this Act, for the good government of every Constituent School.

24 Appeals to the Minister by Governing Boards of Constituent Schools.

24.—If the Governing Board of a Constituent School is dissatisfied with any action in relation to such Board or such School taken or proposed to be taken under this Act by the Council or with the refusal of the Council to take under this Act any such action, the said Governing Board may appeal to the Minister, and thereupon the Minister, with (in case such appeal relates to a matter of finance) the concurrence of the Minister for Finance, shall give his decision thereon, and such decision shall be final.

25 State endowment of the Institute and Constituent Schools.

25.—(1) In the financial year current at the passing of this Act and in every subsequent financial year, there shall be paid to the Institute out of moneys provided by the Oireachtas,—

26 Power to charge fees.

26.—(1) The Institute shall have power to charge, receive, and recover fees for the admission of students to participate in any course of advanced study or research in a Constituent School.

27 Power of Institute to accept donations.

27.—(1) The Institute may accept from any person gifts of money, lands, or other property for the establishment of additional Constituent Schools, the foundation of professorships, lectureships, studentships, or scholarships, the erection of buildings, the endowment of research, or for any other purpose connected with the Institute, upon such trusts and conditions, if any, as may be specified by the person making the gift.

28 Finances, accounts and audit.

28.—(1) It shall be the duty of the Council to administer the financial affairs of the Institute and of every Constituent School and for that purpose all moneys paid under this Act or otherwise to the Institute or to any Constituent School shall be paid to and received by the Council and all disbursements made by or on behalf of the Institute or a Constituent School shall be made by the Council.

29 Annual report by the Council.

29.—(1) The Council shall, in every financial year, present to the Minister for submission to the Government a report of the work of the Institute and the Constituent Schools for the next previous financial year.

30 Expenses.

30.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

31 Short title.

31.—This Act may be cited as the Institute for Advanced Studies Act, 1940.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.