Education (Miscellaneous Provisions) Act 2007

1.. Definitions.

1.— In this Act—

“ Act of 1998 ” means the Education Act 1998;

“ Act of 2000 ” means the Education (Welfare) Act 2000;

“ Minister ” means the Minister for Education and Science.

2.. Amendment of section 2 of Act of 1998.

2.— Section 2 of the Act of 1998 is amended, in subsection (1), by inserting the following definition before the definition of “articles of management”:

“ ‘ Act of 2000 ’ means the Education (Welfare) Act 2000;”.

3.. Amendment of section 13 of Act of 1998.

3.— Section 13 of the Act of 1998 is amended—

(a) in subsection (3), by deleting paragraphs (a)(ii) and (h),

(b) by deleting subsection (4), and

(c) by adding the following subsections:

“(13) The Chief Inspector, with the consent of the Minister, may delegate the performance of one or more of his or her functions to an Inspector nominated by the Chief Inspector and functions so delegated to such an Inspector shall be performable by him or her accordingly.

(14) The Minister may appoint an Inspector to perform the functions of the Chief Inspector during any period in which the Chief Inspector is temporarily unable to perform his or her functions, whether because of absence, ill-health or for any other reason, and, for the duration of that period, the functions of the Chief Inspector shall be performable by the Inspector so appointed accordingly.”.

4.. Amendment of section 29 of Act of 1998.

4.— F1[…]

5.. Amendment of section 53 of Act of 1998.

5.— Section 53 of the Act of 1998 is amended by inserting “or the State Examinations Commission” after “Minister”.

6.. Amendment of Act of 2000.

6.— F2[…]

7.. Transfer of lands from City of Cork Vocational Education Committee.

7.— (1) In this section—

“Commissioners” means the Commissioners of Public Works in Ireland;

F4["Board" means Cork Education and Training Board;]

“relevant day specified in the order” means—

(a) if a single day is specified in an order under this section on which all the land, property, rights, powers and privileges to which the order relates shall vest in the Commissioners, that day,

(b) if different days are specified in an order under this section on which different parts or elements of the land, property, rights, powers or privileges to which the order relates shall vest in the Commissioners, the particular day so specified in relation to the part or element concerned.

(2) Subject to subsection (4), the Minister may by order, with the consent of the F5[Board] and the Minister for Finance, provide—

(a) that the lands described in the Table to this section together with all property relating thereto whether real or personal (including choses-in-action), and

(b) that all rights, powers and privileges relating to or connected with such lands or property,

which, in each case, stands vested in the F5[Board] immediately before the relevant day specified in the order shall, on that day, vest in the Commissioners.

(3) An order under this section may specify different days in relation to which different parts or elements of the lands, property, rights, powers or privileges to which the order relates shall vest in the Commissioners.

(4) The Minister shall not make an order under this section unless the Minister is satisfied that the use by the F5[Board] of the land and property to which the order will, if made, relate is not necessary for the performance by the F5[Board] of its functions.

(5) An order under this section shall operate to vest in the Commissioners on the relevant day specified in the order—

(a) in so far as the order relates to lands or other real property referred to in subsection (2), those lands or other such property for all the estate or interest for which immediately before that day those lands or other property were vested in the F5[Board], but subject to all trusts and equities affecting those lands or other property subsisting and capable of being performed,

(b) in so far as the order relates to personal property (including choses-in-action) referred to in subsection (2), that property without any assignment, but subject, where necessary, to transfer in the books of any bank, corporation or company, and

(c) in so far as the order relates to rights, powers and privileges referred to in subsection (2), those rights, powers and privileges.

(6) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of the lands, property, rights, powers and privileges effected by the order.

(7) A provision of any enactment, apart from this Act, shall neither be construed as preventing, nor shall it operate to prevent, a transfer of land, property or any other thing by an order under this section.

TABLE

Crawford Art Gallery, Emmet Place in the City of Cork

8.. Expenses.

8.— 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.

9.. Short title, collective citation and commencement.

9.— (1) This Act may be cited as the Education (Miscellaneous Provisions) Act 2007.

(2) The Education Acts 1878 to 2001 and sections 2 to 5 may be cited together as the Education Acts 1878 to 2007.

(3) 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 different provisions.