National College of Art and Design Act , 1971

1. Interpretation.

1.—(1)In this Act, save where the context otherwise requires—

F1["academic council", in relation to the College, means the academic council of the College undersection 20A;]

“An Bord” has the meaning specified in section 4 (1) of this Act; “the College” has the meaning specified in section 2 of this Act;

F1["An tÚdarás" means An tÚdarás um Ard-Oideachas;]

“the Commissioners” means the Commissioners of Public Works in Ireland; “the Director” has the meaning specified in section 17 of this Act;

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 3 of this Act;

“functions” includes powers and duties;

“the Minister” means the Minister for Education;

F2["student of the College" means a person registered as a student by the College or a person who is a full-time officer of the student union of the College who was elected to his or her office while he or she was registered as a student by the College;]

F1["student union of the College" means the student union or other student representative body recognised by the College.]

(2)A reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(3)A reference in this Act to an officer of An Bord includes a reference to a member of the academic staff of the College.

2. The College.

2.—(1)In this Act “the College” means the college of art, crafts and design known as the National College of Art and situate at Kildare Street, Dublin.

(2)As on and from the establishment day, the College shall be known as An Coláiste Náisiúnta Ealaíne is Deartha.

3. Appointment of establishment day.

3.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

4. Establishment of An Bord.

4.—(1)There shall, by virtue of this section, be established on the establishment day a board to be known as Bord an Choláiste Náisiúnta Ealaíne is Deartha to perform the functions given to it by this Act (in this Act referred to as An Bord).

(2)An Bord shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and F3[may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or other property].

5. Functions of An Bord generally.

5.—(1)On and from the establishment day, An Bord shall carry out the management of the College and the organisation and administration of its affairs, and shall have all such powers as are necessary for or incidental to those purposes.

(2)In particular, and without prejudice to the generality of subsection (1) of this section, An Bord shall have the general functions of—

(a)establishing and carrying on schemes of education of such scope and extent as it may determine in art, crafts and design,

(b)providing courses for the training of persons as teachers of art,

(c)providing courses and lectures for the further training of teachers of art as such teachers,

(d)providing, if it so thinks fit, lectures on art, crafts and design for the public by members of its academic staff and other persons whom it considers suitably qualified for the purpose,

(e)establishing and carrying on schemes (on which the amount of the expenditure by An Bord shall have been approved of by the Minister) for the giving of scholarships, bursaries, prizes and other awards in relation to art, crafts and design,

(f)holding exhibitions of art and crafts of students of the College, exhibitions of art and crafts and exhibitions devoted to any other subject matter relevant to the activities of the College,

(g)defraying the reasonable and necessary expenses incurred by members of its academic staff in attending, with the consent of An Bord, courses of instruction, seminars, lectures, conferences and exhibitions relevant to their duties as such members,

(h)defraying the reasonable and necessary expenses incurred by members of An Bord in attending conferences and exhibitions relevant to their duties as such members and in visiting other colleges and institutions of or concerned with art, crafts or design,

(i)providing courses of study in art, crafts and design—

(i)that are approved by any body established by the Minister or by Act of the Oireachtas after the passing of this Act for the purpose of granting degrees, diplomas and other similar educational awards, and

(ii)that lead to the grant of such degrees, diplomas or similar educational awards by that body,

(j)subscribing to associations and institutions of or concerned with art, crafts or design.

F4[(2A) An Bord shall—

(a) promote the success (including academic success) and reputation of the College,

(b) satisfy itself that appropriate systems, procedures and practices are in place—

(i) for the internal performance management and accountability of the College in respect of—

(I) the performance of its functions, and

(II) the achievement of the objectives in the strategic development plan undersection 20C,

and

(ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the College,

and

(c) establish and implement arrangements for the management of the performance of the Director.]

F4[(2B) Without prejudice to the generality ofsubsections (1),(2)and(2A), An Bord shall perform the following functions with regard to the College:

(a) approve expenditure for major capital and investment projects;

(b) approve annual financial statements;

(c) provide for and maintain a system of audit;

(d) provide for and maintain a system of risk management;

(e) provide for and maintain a system of quality assurance;

(f) review and oversee the implementation of major plans of action and provide strategic direction;

(g) delegate such functions as may be appropriate to the Director;

(h) manage the financial affairs of the College to ensure value for money and its financial viability;

(i) account to An tÚdarás for funding provided to the College by An tÚdarás.]

(3)(a)An Bord shall have such other functions as may be assigned to it from time to time by the Minister by order.

(b)The Minister may by order, amend or revoke an order under this subsection, including an order under this paragraph.

(c)Every order under this subsection 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 is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.

F4[(3A) An Bord shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being.]

F4[(3B) (a) For the purposes of the performance of its functions, An Bord shall establish procedures relating to resolution of disputes.

(b) Procedures established underparagraph (a)shall—

(i) be established following consultation with each trade union and staff association recognised by An Bord and with the student union,

(ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and

(iii) be published in such manner as An Bord considers appropriate.]

F4[(3C) An Bord may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council to the academic council.]

5A.—(1) An Bord, in performing its functions, shall—

(a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and

(b) without prejudice to the generality ofparagraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to—

(i) the promotion and preservation of equality of opportunity and access to higher education,

(ii) resources, wherever originating, that are available to An Bord for the purpose of performing its functions, and

(iii) the need to secure the most beneficial, effective and efficient use of those resources.

(2) A member of the academic staff of the College shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by An Bord, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside of the College.]

6. Members of An Bord.

6.—(1)The members of An Bord shall be a chairman and such number (not being less than eight nor more than ten) of other members, of whom one shall be the Director, as the Minister may from time to time determine.

(2)(a)The chairman of An Bord shall be appointed from time to time as occasion requires by the Minister and may, if An Bord so requests and the Minister thinks fit to do so, be removed from the office of chairman by the Minister.

(b)The chairman of An Bord shall be nominated for appointment as chairman by An Bord from among the members of An Bord other than the Director and the members nominated for appointment to An Bord under subsection (6) or (7).

(c)The chairman of An Bord shall, unless he sooner dies, resigns the office of chairman or ceases to be chairman under paragraph (d) of this subsection, hold office until the expiration of his term of office as a member of An Bord.

(d)Where the chairman of An Bord ceases during his term of office as chairman to be a member of An Bord, he shall also then cease to be chairman of An Bord.

(3)The chairman of An Bord may resign his office as chairman by letter addressed to the Minister and the resignation shall take effect when the letter is received.

(4)Subject to the provisions of this Act, the chairman of An Bord shall hold office as chairman on such terms as the Minister determines when appointing him.

(5)A member of An Bord shall be appointed by the Minister and may be removed from office by the Minister.

(6)Two members of An Bord shall be members of the academic staff of the College and shall be nominated for appointment to An Bord by the members of the academic staff of the College in such manner as may be approved by the Minister from time to time.

(7)(a)Two members of An Bord shall be students of the College and shall be nominated for appointment to An Bord by the students of the College in such manner as may be approved by the Minister from time to time.

(b)The first appointments under this subsection shall be made as soon as reasonably may be after the establishment day, but An Bord may act before such appointments are made.

(8)A member of An Bord may resign his office as such member by letter addressed to the Minister and the resignation shall take effect when the letter is received.

(9)Subject to the provisions of this Act, the members of An Bord shall hold office on such terms as the Minister determines when appointing them.

(10)(a)A casual vacancy occurring among the members of An Bord shall be filled by appointment by the Minister and, where the vacancy occurs among the members nominated under subsection (6) or (7) of this section, the appointment shall be of a person nominated under the said subsection (6) or (7), as the case may be.

(b)A member of An Bord appointed under this subsection shall hold office for the remainder of his predecessor's term.

7. Term of office of members of An Bord.

7.—F6[(1) The term of office of a member of An Bord, other than the Director, shall be four years.]

(2)The term of office of the member of An Bord who is the director shall continue until, but only until, he ceases to hold office as Director.

(3)A member of An Bord who is nominated for appointment to An Bord under subsection (6) or (7) of section 6 of this Act shall cease to hold office as such member when he ceases to be a member of the academic staff of the College or a student, as the case may be.

F6[(4) A member of An Bord, other than the Director, shall not serve more than two successive terms as such a member and, for that purpose, the remainder of a term undersubsection (10)ofsection 6shall be regarded as a term.]

8. Membership of either House of Oireachtas by member of An Bord.

8.—(1)Where a member of An Bord is nominated either as a candidate for election to either House of the Qireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a member of An Bord.

(2)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of An Bord.

9. Disclosure by member of An Bord of interest in proposed contract or appointment.

9.—(1)A member of An Bord who has—

(a)any interest in any company or concern with which An Bord proposes to make any contract, or

(b)any interest in any contract which An Bord proposes to make,

shall disclose to An Bord the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of An Bord relating to the contract, and the disclosure shall be recorded in the minutes of An Bord.

(2)A member of An Bord who is related to a person who is a candidate for appointment by An Bord as an officer or servant of An Bord shall disclose to An Bord the fact of the relationship and the nature thereof and shall, if An Bord so decide, take no part in any deliberation or decision of An Bord relating to the appointment, and the disclosure and decision shall be recorded in the minutes of An Bord.

10. Allowance for expenses.

10.—A member of An Bord shall be paid, out of the funds at the disposal of An Bord, F7[such remuneration (if any) and such allowances for expenses (if any)] as the Minister, with the approval of the Minister for Finance, may determine.

11. Disqualification of member of An Bord.

11.—A member of An Bord shall be disqualified from holding and shall cease to hold office as such member if he is adjudged bankrupt, or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude.

12. Seal of An Bord.

12.—(1) An Bord shall as soon as may be after its establishment provide itself with a seal.

(2)The seal of An Bord shall be authenticated by the signature of the chairman of An Bord or some other member thereof authorised by An Bord to act in that behalf and the signature of an officer of An Bord authorised by An Bord to act in that behalf.

(3)Judicial notice shall be taken of the seal of An Bord and every document purporting to be an instrument made by An Bord and to be sealed with the seal (purporting to be authenticated in accordance with this section) of An Bord shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

13. Meetings and procedure of An Bord·

13.—(1) An Bord shall hold such and so many meetings as may be necessary for the due fulfilment of its functions F8[and shall hold not less than four meetings in any 12 month period].

(2)The Minister shall fix the date, time and place of the first meeting of An Bord.

(3)The quorum for a meeting of An Bord shall be five.

(4)At a meeting of An Bord—

(a)The chairman of An Bord shall, if present, be chairman of the meeting;

(b)if and so long as the chairman of An Bord is not present or if the office of chairman is vacant, the members of An Bord who are present shall choose one of their number to be chairman of the meeting.

(5)Every question at a meeting of An Bord shall be determined by a majority of the votes of the members present and voting on the question and in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6)An Bord may act notwithstanding one or more vacancies among its members.

(7)Subject to the provisions of this Act, An Bord shall regulate, by standing orders or otherwise, the procedure and business of An Bord.

F8[(8) Subject to the provisions of this Act, An Bord may make, amend or revoke rules (in this Act called "regulations of An Bord") as it thinks fit for the conduct of the procedures and business of An Bord.]

14. Grants to An Bord.

14.—(1) There may, subject to such conditions, if any, as the Minister thinks proper, be paid to An Bord in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with An Bord in relation to its programme of expenditure for that year, may fix.

(2)An Bord shall submit to the Minister an estimate of its financial requirements for every financial year.

F9[(3) Whenever and for so long as the College is a designated institution of higher education within the meaning of the Higher Education Authority Act 2022, this section andsection 16(2)shall cease to have effect.]

15. Accounts and audits.

15.—(1)An Bord shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts and records as the Minister may from time to time determine.

F10[(2) (a) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit and, immediately after such audit, a copy of the income and expenditure account and of the balance sheet and of such other, if any, of the accounts as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’s Report on the accounts shall be presented to the Minister and An tÚdarás.

(b) The Minister shall cause copies of the accounts and the Report referred to inparagraph (a)to be laid before each House of the Oireachtas.]

15A.—F12[…]]

16. Annual report and information to Minister.