S.I. No. 373/2003 - State Examinations Commission (Establishment) Order 2003

I, [image omitted] Minister for Education and Science in exercise of the functions conferred on me by section 54 of the Education Act 1998 (No. 51 of 1998), with the concurrence of the Government, and having caused a draft to be laid before each House of the Oireachtas and a resolution approving of the draft having been passed by each such House, hereby order as follows:

1.

2.

“Act” means the Education Act 1998 (No. 51 of 1998);

“Chief Executive” means that person appointed in accordance with Article 19;

“Commission” means the State Examinations Commission established under this Order; and

“examinations” means any examination standing specified for the time being in schedule 2 to the Act.

• (2) In this Order a reference to -

• (a) an article is a reference to an Article of this Order unless it is indicated that reference to some other enactment is intended,

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

• (c) A subparagraph is a reference to a subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

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• (a) the chairperson of the Commission or another member of the Commission authorised by it to act in that behalf, or

• (b) the Chief Executive of the Commission authorised by the Commission to act in that behalf.

6.

• (a) organise the holding of examinations,

• (b) ensure the preparation of examination papers and other examination materials,

• (c) determine procedures in places where examinations are conducted including the supervision of examinations,

• (d) make arrangements for the marking of work presented for examination,

• (e) issue the results of examinations,

• (f) determine procedure to enable the review and appeal of results of examinations at the request of candidates,

charge and collect fees for examinations and apply such monies to the carrying out of its functions, and

designate places where examinations may be held.

• (2) The Commission shall have all such powers as are necessary for or are incidental to the performance of its functions under this Order.

7.

• (2) The members of the Commission shall be appointed by the Government on the nomination of the Minister.

• (3) The Government, on the nomination of the Minister, shall designate one member of the Commission as chairperson and one member of the Commission as deputy chairperson of the Commission.

• (4) The Minister shall have regard to the desirability of a gender balance in the membership of the Commission as the Minister considers appropriate and determines, from time to time, when making nominations for the Commission.

8.

is at that time entitled under the Standing Orders of either House of the Oireachtas to sit therein,

is at that time a representative in the European Parliament,

is at that time an undischarged bankrupt,

within the 3 years preceding that time made a composition or arrangement with creditors, or

within the 5 years preceding that time has served a term of imprisonment imposed by a court of competent jurisdiction.

• (2) Where a member of the Commission -

is nominated as a member of Seanad éireann,

is elected as a member of either House of the Oireachtas or to be a representative in the European Parliament,

• (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 (No. 2 of 1997) as having been elected to the European Parliament to fill a vacancy,

• (d) is adjudicated bankrupt or makes a composition or arrangement with creditors, or

• (e) is sentenced to a term of imprisonment by a court of competent jurisdiction,

that member shall thereupon cease to be a member of the Commission.

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11 (1) The Government may, at any time, remove a member of the Commission from office if he or she has committed stated misbehaviour or if his or her removal appears necessary to the Government for the effective performance by the Commission of its functions.

• (2) The Government may, at any time, for reasons stated in writing to the members of the Commission, remove all such members from office.

• (3) A member of the Commission may, at any time, resign from office as such member by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.

• (4) A member of the Commission who is absent from all meetings of the Commission for a period of six consecutive months, unless such absence was due to illness or was approved by the Commission, shall be disqualified at the expiry of such period from continuing to be a member of the Commission for the remainder of that person's term of office.

• (5) A member of the Commission whose term of office expires by effluxion of time shall be eligible for re-appointment.

• (a) the chairperson shall, if present, be the chairperson of the meeting,

• (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson shall be chairperson of the meeting,

• (c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting.

whole-time capacity who shall be known as and is referred to in this Order as the “Chief Executive”.

• (2) The Minister shall appoint a person to be the first Chief Executive.

• (3) The Chief Executive shall be an employee of the Commission.

• (4) The Chief Executive shall carry on, manage and generally control the administration of the Commission and shall manage and control the staff of the Commission.

• (2) The Chief Executive shall, nothwithstanding any delegations made by him or her in accordance with paragraph (1), at all times remain accountable to the Commission for the performance of any functions so delegated.

• (2) Each employee of the Commission appointed under paragraph (1) shall perform such duties as the Commission or the Chief Executive may from time to time, assign.

• (a) persons transferred into the employment of the Commission from the Civil Service of the State on the establishment day and

• (b) such other employees of the Commission as the Minister, with the consent of the Minister for Finance, may, from time to time determine.

• (2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association, an employee of the Commission who was a civil servant in the Civil Service of the State immediately before being an employee of the Commission, shall not while in the service of the Commission be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the becoming an employee of the Commission.

A copy of the accounts kept in pursuance of Article 28 shall be submitted as soon as practicable following the accounting period to which they relate by the Commission to the Comptroller and Auditor General for audit.

• (3) Immediately after the audit, a copy of the accounts, and of such other (if any) accounts kept pursuant to Article 28 as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the members of the Commission and the Minister, and the Minister shall as soon as may be cause copies therof to be laid before each House of the Oireachtas.

The Government concurs with the making of the forgoing Order.