Education and Training Boards Act 2013

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Education and Training Boards Act 2013.

(2) 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 provisions.

(3) Without prejudice to the generality of subsection (2), an order under that subsection may—

(a) in respect of the repeal by section 4(1)of the Acts specified in Part 1 of Schedule 1, appoint different days for the repeal of different Acts or different provisions of them, or

(b) in respect of the revocation by section 4(2) of the statutory instruments specified in Part 2 of Schedule 1, appoint different days for the revocation of different statutory instruments or different provisions of them.

2. Interpretation.

2.— In this Act—

“Act of 1930” means the Vocational Education Act 1930;

“Act of 1944” means the Vocational Education (Amendment) Act 1944;

“Act of 1998” means the Education Act 1998;

“Act of 2001” means the Local Government Act 2001;

“annual service plan” has the meaning assigned to it by section 47 and includes an amended annual service plan;

“audit committee” has the meaning assigned to it by section 45;

“board of management” shall be construed in accordance with section 14 of the Act of 1998;

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

“chief executive” has the meaning assigned to it by section 14;

“children detention school” has the same meaning as it has in the Children Act 2001;

“dissolved body” shall be construed in accordance with section 55;

“education and training board” shall be construed in accordance with section 9;

“education and training board area” shall be construed in accordance with section 9;

“Education and Training Boards Ireland” means the association established to collectively represent education and training boards and promote their interests, which is recognised by the Minister for the purposes of this Act;

“education or training facility” means a place, other than a centre for education or recognised school, which provides education, training or instruction and which is maintained or resourced by an education and training board;

“education or training provider” means a person, other than an education and training board, who provides, organises or procures a programme of education or training;

“election year” has the same meaning as it has in the Act of 2001;

“establishment day” shall be construed in accordance with section 8;

“executive function” shall be construed in accordance with section 13;

“finance committee” has the meaning assigned to it by section 45;

“functional area” shall be construed in accordance with section 9;

“learner” means a person, other than a student, who is acquiring or who has acquired knowledge, skill, training or competence;

“local authority” has the same meaning as it has in the Act of 2001;

“local election” has the same meaning as it has in the Act of 2001;

“Minister” means the Minister for Education and Skills;

“parent” has the same meaning as it has in the Act of 1998;

“patron” has the same meaning as it has in the Act of 1998;

“post election meeting” has the meaning assigned to it by section 31;

“prison” has the same meaning as it has in the Prisons Act 2007;

“prescribed” means prescribed by regulations made by the Minister;

“public service body” has the same meaning it has in section 3(1) of the Ministers and Secretaries (Amendment) Act 2011;

“recognised school” means a school—

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

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

“strategy statement” has the meaning assigned to it by section 27;

“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 Act of 1930.

3. Regulations and orders.

3.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) A regulation or order under this Act may—

(a) apply in respect of all education and training boards or such education and training boards or classes of education and training boards as are specified in the regulation or order, and

(b) contain different provisions in relation to different education and training boards or to different parts of an education and training board area.

(4) Every order (other than an order under section 1(2), section 8 or section 43(3)) or regulation made by the Minister under this Act 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 or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Repeals and revocations.

4.— (1) Each Act specified in columns (2)and(3) of Part 1 of Schedule 1 is repealed to the extent specified in column (4) of that Part.

(2) Each statutory instrument specified in columns (1) and (2) of Part 2 of Schedule 1is revoked to the extent specified in column (3) of that Part.

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 Public Expenditure and Reform, 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 to the person 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 purpose of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

7. Offences.

7.— A person guilty of an offence under this Act is liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 12 months or both.

PART 2 Education and Training Boards

8. Establishment day.

8.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

9. Establishment of education and training boards.

9.— (1) There shall stand established on the establishment day the education and training boards (each of which shall be known as an education and training board) specified in column (1) of Schedule 2 for the education and training board areas specified in column (2) of that Schedule opposite the reference in column (1).

(2) An education and training board established under subsection (1) shall, subject to subsection (3), be known by the name specified in column (1) of Schedule 2.

(3) The Minister may, at the request of an education and training board, by order specify a name, other than the name of the board specified in column (1) of Schedule 2, by which the board may describe itself for operational purposes.

(4) A reference in this Act to the functional area of an education and training board means, in respect of an education and training board specified in column (1) of Schedule 2, the education and training board area specified in column (2) of that Schedule opposite the reference in column (1).

(5) Notwithstanding any other provision of this Act, every member of a vocational education committee holding office immediately prior to the establishment day shall on the establishment day become and be a member of the relevant education and training board for a term ending on the date of the next post election meeting of that board.

(6) The Minister shall, on the establishment day, fix a date for the holding of the first meeting of each education and training board.

(7) Schedule 3applies to education and training boards.

(8) In this section, “relevant education and training board” shall be construed in accordance with section 54.

10. Functions of education and training boards.

10.— (1) The general functions of an education and training board shall be to—

(a) establish and maintain recognised schools, centres for education and education or training facilities in its functional area,

(b) when directed to do so by the Minister under section 20—

(i) establish and maintain recognised schools in its functional area,

(ii) establish and maintain centres for education in its functional area,

(iii) maintain centres for education or recognised schools in its functional area, and

(iv) establish, maintain or resource education or training facilities in its functional area,

(c) plan, provide, coordinate and review the provision of education and training, including education and training for the purpose of employment, and services ancillary thereto in its functional area in—

(i) recognised schools or centres for education maintained by it,

(ii) education or training facilities maintained or resourced by it,

(iii) children detention schools,

(iv) prisons, and

(v) facilities maintained by other public service bodies,

(d) enter into arrangements with, and provide support services to, education or training providers, in accordance with section 22,

(e) establish scholarships in accordance with section 24,

(f) adopt a strategy statement in accordance with section 27,

(g) adopt an annual service plan in accordance with section 47,

(h) cooperate with any body nominated to carry out the internal audit functions under section 52,

(i) provide education and training at the request of, and on behalf of, any body which funds training out of money provided to that body by the Oireachtas,

(j) support the provision, coordination, administration and assessment of youth work services in its functional area and provide such information as may be requested by the Minister for Children and Youth Affairs in relation to such support, and

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

(2) An education and training board shall, in the performance of its functions where it considers appropriate, consult with—

(a) boards of management of recognised schools maintained by it,

(b) persons performing functions which are the same as, or substantially the same as, functions exercised by boards of management referred to in paragraph (a), in relation to—

(i) centres for education maintained by it,

(ii) education or training facilities maintained or resourced by it, or

(iii) children detention schools, prisons, education or training facilities or facilities maintained by other public service bodies where the board provides education or training,

(c) students of recognised schools or centres for education maintained by it,

(d) learners in children detention schools, prisons, education or training facilities or in facilities maintained by other public service bodies where the board provides education or training,

(e) parents of students referred to in paragraph (c)and parents of learners referred to in paragraph (d) where the students or learners have not attained the age of 18 years,

(f) members of its staff,

(g) bodies representative of business, industry and employers,

(h) persons who have a particular interest in, or knowledge of, education and training provided in recognised schools or centres for education maintained by it, or education or training facilities maintained or resourced by it, and

(i) any other person it considers is likely to be affected by the performance of its functions.

(3) An education and training board shall have all powers necessary or expedient for the performance of its functions.

(4) An education and training board shall have regard to Government policy to the extent that it may affect or relate to the functions of the board and shall comply with any policy direction that may from time to time be notified to the board by the Minister.

(5) The Minister may request Education and Training Boards Ireland to—

(a) make representations on behalf of an education and training board in respect of its functions,

(b) conduct surveys in respect of information sought by the Minister in respect of the performance of functions by education and training boards, and

(c) give such assistance to an education and training board as the Minister considers necessary for the effective discharge of its functions.

(6) In this section “youth work” has the same meaning as it has in the Youth Work Act 2001.

11. Conferral of additional functions on education and training boards.

11.— (1) The Minister may, by order, confer on an education and training board such additional functions connected with the functions for the time being of the board as he or she determines, 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.

12. Reserved functions.

12.— (1) Every education and training board shall, subject to sections 44 and 45, perform by resolution of its members, such of its functions as are declared by or under this Act to be reserved functions.

(2) Each of the following are reserved functions:

(a) a request by an education and training board for a name by which the board may describe itself for operational purposes under section 9(3);

(b) the appointment of a chief executive in accordance with section 14;

(c) the suspension of a chief executive in accordance with section 17;

(d) the establishment of a scholarship under section 24;

(e) the giving of an opinion under section 27(4)(h) and the adoption (with or without modifications) of a strategy statement under section 27;

(f) the adoption of an annual report under section 28;

(g) the acceptance of gifts or being constituted as a trustee under section 29;

(h) a decision to authorise the attendance by a member at a conference, seminar, meeting or event under section 38;

(i) in relation to a committee established under section 44—

(i) the establishment or dissolution of the committee,

(ii) the determination of the terms of reference and the regulation of the procedures of the committee,

(iii) the appointment or removal from office of a member (including the chairperson) of the committee, and

(iv) the confirmation of an act of the committee;

(j) the adoption of an annual service plan under section 47;

(k) the power to borrow money under section 49;

(l) the keeping of accounts in accordance with section 51;

(m) in relation to a finance committee and an audit committee—

(i) the establishment of those committees,

(ii) the appointment and removal of a member (including the chairperson) of those committees, and

(iii) the receipt of a report prepared by each of those committees and the determination of what action (if any) should be taken as a result of the findings of any such report;

and

(n) the acquisition, holding and disposal of land, or any interest in land, under paragraph 3 of Schedule 3.

(3) The Minister may by order declare any function conferred on an education and training board under section 11 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 of an education and training board shall assist the members of the board in the performance of their functions in such manner as those members may require.

(6) An education and training board shall not perform by resolution of its members, or give a direction in relation to the performance of, a function of the board that is not a reserved function.

13. Executive functions.

13.— (1) Every function of an education and training board that is not a reserved function shall be an executive function of the board.

(2) The executive functions of an education and training board shall be performed by the chief executive of that board.

(3) A chief executive shall, in the performance of an executive function, act in accordance with the policies for the time being of the education and training board for which he or she is the chief executive.

14. Chief executive.

14.— (1) There shall be a chief executive officer of each education and training board (in this Act referred to as a “chief executive”).