Vocational Education (Amendment) Act 2001

PART 1 Preliminary and General

1 Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Vocational Education (Amendment) Act, 2001.

(2) (a) The Vocational Education Acts, 1930 to 1999, and this Act may be cited together as the Vocational Education Acts, 1930 to 2001, and shall be construed together as one Act.

(b) The Education Acts, 1878 to 1998 and section 36 may be cited as the Education Acts, 1878 to 2001.

(c) The Regional Technical Colleges Acts, 1992 to 1999, and section 37 may be cited together as the Regional Technical Colleges Acts, 1992 to 2001.

(d) The Dublin Institute of Technology Acts, 1992 and 1994, and section 38 may be cited together as the Dublin Institute of Technology Acts, 1992 to 2001.

(3) This Act shall come into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions and for the repeal of different enactments effected by section 4.

2 Interpretation.

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

“Act of 1998” means the Education Act, 1998;

“board of management” means, in relation to a school, a board of management appointed in accordance with section 14 of the Act of 1998 or such persons as are required by subsection (3) of that section to discharge the functions of a board of management;

“centre for education” has the same meaning as it has in the Act of 1998;

“chief executive officer” shall be construed in accordance with section 15;

“education plan” has the meaning assigned to it by section 30;

“executive function” shall be construed in accordance with section 12;

“functions” includes powers and duties, and references to the performance of functions include references to the exercise of powers and the carrying out of duties;

“the Irish Vocational Education Association” means a body consisting of vocational education committees, and recognised by the Minister for the purposes of this Act;

“the Minister” means the Minister for Education and Science;

“national association of parents” has the same meaning as it has in the Act of 1998;

“the Principal Act” means the Vocational Education Act, 1930;

“recognised school” means—

(a) a school 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) a school deemed to be a school recognised in accordance with the said section 10;

“reserved function” shall be construed in accordance with section 11;

“service plan” has the meaning assigned to it by section 25;

“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 Principal Act.

(2) In this Act—

(a) a reference to a section, Part or Schedule is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the coming into operation of this Act, by or under any subsequent enactment.

3 Orders.

3.—Every order under this Act (other than an order under section 1(3)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next 21 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 thereunder.

4 Repeals.

4.—The enactments specified in column (2) of Schedule 1 are hereby repealed to the extent specified in column (3) of that Schedule.

5 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 Finance, be paid out of monies provided by the Oireachtas.

6 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 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 purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

PART 2 Vocational Education Committees

7 Composition of vocational education committees.

7.—The Principal Act is hereby amended by—

(a) the substitution of the following section for section 8:

“8. (1) Subject to subsection (2), a vocational education committee shall consist of the following members, that is to say—

(a) 9 members elected by—

(i) the council of the county borough being the borough vocational education area for which that committee is the vocational education committee, or

(ii) the council of the county being or including the county vocational educational area for which that committee is the vocational education committee,

as may be appropriate, from among the members of the council concerned,

(b) in the case of a county vocational education area that contains one or more urban districts—

(i) (in respect of council areas containing not more than 4 urban districts) 2 members elected by the council of each urban district within the county vocational education area concerned, whether members of the council concerned or not, or

(ii) (in respect of council areas containing more than 4 urban districts) one member elected by the council of each urban district within the county vocational education area concerned, whether a member of the council concerned or not,

(c) 2 members elected by parents of students who have not reached the age of 18 years and who are registered as students at recognised schools or centres for education established or maintained by the committee,

(d) 2 members elected by members of the staff of the committee, and

(e) 4 members appointed by the council of the county borough, being a borough vocational education area, or by the council of the county, being or including a county vocational education area, as may be appropriate, after consultation with persons elected under paragraphs (a), (b), (c) and (d), from among persons nominated by such bodies as, in the opinion of the council concerned, are representative of—

(i) students,

(ii) any class of trustees of community colleges maintained by the vocational education committee concerned,

(iii) members of the staff of the vocational education committee (other than members of staff belonging to the same class of members of staff as either of the members elected under paragraph (d)),

(iv) voluntary organisations, community organisations or Irish language interests, or

(v) persons carrying on, in places within the vocational education area concerned, trades, professions or commercial or industrial activities.

(2) The County Dublin Vocational Education Committee shall consist of the following members, that is to say—

(a) 12 members elected by Fingal County Council, South Dublin County Council and Dún Laoghaire-Rathdown County Council in accordance with an order under subsection (6)(a),

(b) 2 members elected by parents of students who have not reached the age of 18 years and who are registered as students at recognised schools or centres for education established or maintained by that Committee,

(c) 2 members elected by members of the staff of that Committee, and

(d) 4 members appointed jointly by Fingal County Council and South Dublin County Council, after consultation with persons elected under paragraphs (a), (b) and (c), from among persons nominated by such bodies as, in the joint opinion of those councils, are representative of—

(i) students,

(ii) any class of trustees of community colleges maintained by the vocational education committee concerned,

(iii) members of the staff of the vocational education committee (other than members of staff belonging to the same class of members of staff as either of the members elected under paragraph (c)),

(iv) voluntary organisations, community organisations or Irish language interests, or

(v) persons carrying on, in places within the vocational education area concerned, trades, professions or commercial or industrial activities.

(3) Elections held pursuant to this section, shall be conducted in accordance with regulations made by the Minister, after consultation with—

(a) the Irish Vocational Education Association,

(b) in the case of regulations relating to the election of members of—

(i) a vocational education committee in accordance with subsection (1)(a), or

(ii) the County Dublin Vocational Education Committee under subsection (2)(a),

the Minister for the Environment and Local Government,

(c) in the case of regulations relating to the election of members of—

(i) a vocational education committee in accordance with subsection (1)(c), or

(ii) the County Dublin Vocational Education Committee in accordance with subsection (2)(b),

national associations of parents, and

(d) in the case of regulations relating to the election of members of—

(i) a vocational education committee in accordance with subsection (1)(d), or

(ii) the County Dublin Vocational Education Committee in accordance with subsection (2)(c),

recognised trade unions and staff associations representing members of the staff of vocational education committees.

(4) Regulations under subsection (3) may provide that both sexes shall be represented on a vocational education committee in such proportions as are specified in the regulations and, for that purpose, may include provisions for the establishment, in respect of elections to which this section applies, panels of candidates comprising women only and panels of candidates comprising men only from which persons shall be elected in accordance with those regulations.

(5) The Minister may make regulations providing that members of both sexes shall be appointed to—

(a) a vocational education committee under subsection (1)(e), or

(b) the County Dublin Vocational Education Committee under subsection (2)(d),

in such proportions as are specified in the regulations.

(6) (a) The Minister shall make an order specifying the number of members of the County Dublin Vocational Education Committee that shall be elected by each council specified in subsection (2)(a), the aggregate of which shall be equal to the number specified in that subsection.

(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 such order is passed by either such House within the next 21 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 thereunder.”,

and

(b) the substitution of the following section for section 12:

“12.—If a member of a vocational education committee dies, resigns, ceases to be qualified for office and ceases to hold office, or is removed from office a person shall be elected or appointed, as may be appropriate, to fill the casual vacancy so occasioned, in the same manner as the member of the vocational education committee who occasioned the casual vacancy was elected or appointed, as the case may be.”.

8 First meeting of vocational education committee.

8.—(1) The Minister shall fix the date of the first meeting of each vocational education committee first constituted pursuant to section 8 of the Principal Act (as inserted by this Act) and he or she may fix different dates for different vocational education committees.

(2) Each member of a vocational education committee holding office immediately prior to the coming into operation of this section shall continue in office as such member for a term ending on the date fixed for the holding of the first meeting of the vocational education committee concerned pursuant to subsection (1).

9 Functions of vocational education committee.

9.—(1) Without prejudice to the operation of any other enactment by or under which functions are conferred on a vocational education committee, a vocational education committee shall—

(a) plan, coordinate and review the provision of education and services ancillary thereto in recognised schools and centres for education established or maintained by that committee,

(b) assess whether the manner in which it performs its functions is economical, efficient and effective,

(c) adopt and submit, in accordance with section 30, an education plan,

(d) adopt and submit a service plan to the Minister in accordance with section 25,

(e) where it considers appropriate, make all reasonable efforts to consult, in relation to the performance by it of its functions, with—

(i) boards of management of schools established or maintained by that vocational education committee,

(ii) persons performing, in relation to centres of education established or maintained by that vocational education committee, functions the same as, or substantially the same as, those exercised by boards of management in relation to schools referred to in subparagraph (i),

(iii) students registered at such schools or centres for education,

(iv) parents of students who are so registered and who have not reached the age of 18 years,

(v) members of the staff of that vocational education committee, and

(vi) such other persons as it considers are likely to be affected as a result of the performance by it of its functions, or as it considers have a particular interest or experience in relation to the education or training provided in recognised schools or centres for education established or maintained by it,

and

(f) in the performance of its functions and in so far as is practicable, cooperate with other vocational education committees, schools and such persons providing services similar to or connected with those provided by the vocational education committee concerned in relation to the vocational education area of that committee as the vocational education committee considers appropriate.

(2) (a) A vocational education committee may, with the consent of the Minister, cause such one or more private companies to be formed and registered under the Companies Acts, 1963 to 1999, as it considers appropriate, to perform such of its functions, as it considers appropriate.

(b) A company formed and registered pursuant to paragraph (a) shall be wholly owned by the vocational education committee concerned.

(c) The memorandum and articles of association of a company formed and registered pursuant to paragraph (a) shall be in such form consistent with this Act as may be determined by the vocational education committee concerned with the consent of the Minister and the Minister for Finance.

(d) For the purposes of this subsection a company shall be wholly owned by a vocational education committee if it has no members other than that vocational education committee and its nominees.

10 Conferral of additional functions on vocational education committee.

10.—(1) The Minister may, by order, confer on a vocational education committee such additional functions connected with the functions for the time being of that committee as he or she thinks fit, 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.

(3) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

11 Reserved functions.

11.—(1) Each vocational education committee shall, subject to section 31, perform by resolution of the vocational education committee concerned such of its functions as are declared by or under this Act to be reserved functions and “reserved functions” shall in this Act be construed and have effect accordingly.

(2) A function of a vocational education committee under an enactment specified in column (3) of Schedule 2 is hereby declared to be a reserved function.

(3) The Minister may by order declare any function conferred by him or her on a vocational education committee under section 10 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 officer of a vocational education committee shall assist the vocational education committee for which he or she is the chief executive officer in the performance of its functions, in such manner as that vocational education committee may require.

(6) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

(7) A vocational education committee shall not perform by resolution of its members, or give a direction in relation to the performance of, a function of that vocational education committee that is not a reserved function.

12 Executive functions.