Education and Training Boards Act 2013

• (d) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,

• (e) is a member of the Commission of the European Union,

• (f) is a member of the Court of Auditors of the European Union,

• (g) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General,

• (h) does not possess a tax clearance certificate issued under section 1095 (inserted by section 127(b) of the Finance Act 2002) of the Taxes Consolidation Act 1997,

• (i) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State,

• (j) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any education and training board,

• (k) is convicted of, or has had a conviction confirmed on appeal for an offence under section 35(1), section 38(7), paragraph 13(2) of Schedule 3 or an offence relating to—

• (i) fraudulent or dishonest dealings affecting an education and training board, or

• (ii) corrupt practice,

or

• (l) is adjudicated bankrupt.

• (2) A disqualification arising under subsection (1)(j) comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day.

• (3) A disqualification arising under subsection (1)(k) commences—

• (a) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or

• (b) where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

• (4) Nothing in this section operates to prejudice any disqualification referred to in—

• (a) section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999,

• (b) section 13 or 182 of the Act of 2001, or

• (c) any other enactment.

35. Offence to act when disqualified.

35.— (1) A person is guilty of an offence if he or she knowingly acts as a member of an education and training board when disqualified.

• (2) Subsection (1) is without prejudice to any other disqualification or penalty arising out of the actions of the person concerned.

36. Resignation from membership.

36.— (1) A member of an education and training board may resign from the board by notice in writing to the chief executive.

• (2) A resignation under subsection (1) shall take effect on—

• (a) the date specified in the notice, or

• (b) where no date is specified in the notice, the date on which the chief executive receives the notice.

• (3) Subject to subsections (4) and (5), a person shall be taken to have resigned as a member of an education and training board where the person is absent from meetings of the board held during any 6 consecutive month period (in this section referred to as the “relevant period”) from the date (in this section referred to as the “relevant date”) of his or her last attendance at a meeting of the board.

• (4) Where an education and training board accepts, by resolution passed before the end of the relevant period, that the absence of the member was due to illness or in good faith for another reason, the relevant period shall stand extended to 12 months from the relevant date.

• (5) Where the absence of the member continues uninterrupted for the relevant period extended to 12 months from the relevant date under subsection (4), and the education and training board accept that the absence of the member was due to illness or in good faith for another reason, the relevant period shall stand extended to 18 months from the relevant date.

• (6) A member is taken to have resigned on the next day after—

• (a) in the case of subsection (3), the end of the relevant period,

• (b) in the case of subsection (4), the end of the relevant period as extended to 12 months under that subsection, or

• (c) in the case of subsection (5), the end of the relevant period as extended to 18 months under that subsection.

• (7) Attendance as a member at a meeting of any committee or joint committee of the education and training board shall be taken for the purposes of this section to be attendance at a meeting of the board.

• (8) A person who resigns as a member of an education and training board under this section also ceases on such resignation to be a member of any body—

• (a) to which he or she was elected, nominated or appointed by the board, or

• (b) of which he or she is a member by virtue of being a member of the board.

37. Casual vacancies.

37.— (1) If a member of an education and training board dies, resigns, ceases to be qualified for office and ceases to hold office, or is removed from office, the casual vacancy arising shall be filled, in the case of a vacancy occasioned by a member—

• (a) referred to in section 30(1)(a), by a person elected by the local authority whose member occasioned the vacancy,

• (b) referred to in section 30(1)(b), by a person in accordance with regulations made under subsection (7) of that section,

• (c) referred to in section 30(1)(c), by a person nominated by the national association of parents which nominated the member who occasioned the vacancy, or

• (d) referred to in section 30(1)(d), by a person—

• (i) nominated under section 30(11)(a) but not appointed on foot of that nomination, or

• (ii) nominated by the same body which nominated the member who occasioned the vacancy,

selected by the education and training board concerned.

• (2) A person who becomes a member of an education and training board under subsection (1) shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date he or she fills that vacancy and nothing in this section shall be construed as making that person ineligible for appointment or election as a member of the education and training board on the expiry of the said period where that person would otherwise be eligible.

38. Expenses of members.

38.— (1) An education and training board may, subject to and in accordance with regulations under subsection (2), pay to members of the board, and members of any committee established under this Act, such allowances for expenses reasonably incurred by them relating to—

• (a) attendance at a meeting of the education and training board or committee concerned of which they are members,

• (b) attendance, authorised by the education and training board, at a conference, seminar or other meeting or event,

• (c) any other matter prescribed by regulations made by the Minister.

• (2) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations for the purpose of this section and, without prejudice to the generality of the foregoing regulations under this subsection may specify—

• (a) the circumstances in which expenses will be payable for travel within and outside the State;

• (b) the frequency, rate of calculation and method of payment of expenses;

• (c) the maximum number of members of the board or committee, as the case may be, who may be authorised by an education and training board to attend any conference, seminar, meeting or event;

• (d) the maximum number of times any one member of the board or committee, as the case may be, may be authorised by an education and training board to attend a conference, seminar, meeting or event;

• (e) conditions and restrictions in relation to the making of payments to meet expenses;

• (f) the manner and means of accounting for, controlling, recording and reporting expenses; and

• (g) any other matters which appear to the Minister to be necessary or expedient for the purpose of this section.

• (3) Subject to subsection (5), an education and training board shall not authorise a member of the board or committee, as the case may be, to attend a conference, seminar, meeting or event unless the board is satisfied that the authorisation is justified having regard to—

• (a) the benefits likely to accrue to the board from its being represented at the conference, seminar, meeting or event concerned,

• (b) the general interests of the local community within its functional area, and

• (c) the cost to the board of its being so represented.

• (4) The chief executive of an education and training board shall confirm in writing to the board whether in his or her opinion—

• (a) the board has sufficient resources available to it to fund the attendance referred to in subsection (3), and

• (b) the funding of, and attendance at, the conference, seminar, meeting or event is consistent with any regulations made under subsection (2).

• (5) An education and training board may satisfy itself that an authorisation under subsection (3) is justified having regard to paragraph (c) of that subsection, where the board receives confirmation from the chief executive of the board in the terms of paragraphs (a) and (b) of subsection (4).

• (6) Where an education and training board authorises attendance at a conference, seminar, meeting or event under subsection (3) the board shall record in writing the reasons the board is satisfied the attendance is justified in relation to the matters specified in each of paragraphs (a), (b) and (c) of that subsection.

• (7) A person who knowingly makes a false statement for the purpose of obtaining expenses under this section shall be guilty of an offence.

• (8) There shall be recorded in the annual report of an education and training board separate particulars in relation to payments made in respect of the matter specified in each paragraph of subsection (1) in the year to which the report relates.

PART 4 Regulation of Education and Training Boards

39. Policy directions of Minister.

39.— (1) Subject to subsections (2) and (4), the Minister may, in relation to the performance by an education and training board of its functions, give a direction in writing to that board requiring it to comply with such policy decisions made by the Minister as are specified in the direction.

• (2) The Minister shall, by notice in writing, inform an education and training board where he or she proposes to give a direction under subsection (1) and state the terms of the proposed direction.

• (3) An education and training board may make representations in writing to the Minister in relation to the proposed direction not later than 14 days from the date of service of a notice under subsection (2).

• (4) The Minister shall consider any representations made to him or her under subsection (3) prior to giving a direction under subsection (1).

• (5) An education and training board or a chief executive of an education and training board, as may be appropriate, shall comply with a direction given to that board under this section.

40. Report on operation of education and training board.

40.— (1) Where the Minister is of the opinion that any of the functions of an education and training board are not being effectively discharged, the Minister may, having considered any representations made to him or her under subsection (3), appoint a person (in this section referred to as an “investigator”) to carry out an investigation into the performance by the board of its functions either generally or with reference to any particular function during such period as the Minister may determine.

• (2) The Minister shall, by notice in writing, inform the education and training board concerned where he or she proposes to appoint an investigator under subsection (1).

• (3) A notice under subsection (2) shall state that the education and training board may make representations to the Minister in relation to the proposed appointment not later than 14 days after the service of the notice on the board.

• (4) An investigator shall be entitled at all reasonable times to enter any premises occupied by the education and training board concerned and shall be afforded every facility and cooperation by the board, chief executive and members of staff of the board, including access to all records, to perform his or her functions.

• (5) An investigator shall on completion of his or her investigation prepare a draft report on the investigation.

• (6) An investigator shall provide a copy of the draft report prepared under subsection (5) to the education and training board concerned and that board may, within one month from the provision of the report to it, make representations in writing to that investigator about that report.

• (7) After consideration of any representations made to the investigator under subsection (6), that investigator may make any amendments to the draft report that he or she thinks appropriate.

• (8) The investigator shall submit his or her final report to the Minister as soon as practicable after the report is completed.

• (9) A chief executive and an education and training board shall supply such information regarding the performance of the board’s functions as—

• (a) the Minister may from time to time require, and

• (b) an investigator requires for the performance of his or her functions under this section.

41. Directions following report on operation of an education and training board.

41.— (1) Where, on consideration of a report submitted to him or her under section 40(8), the Minister is of the opinion that it is appropriate to give a direction to the education and training board concerned in relation to the performance of any of its functions, the Minister shall by notice in writing—

• (a) inform the board of his or her opinion and state the reasons for that opinion,

• (b) state the terms of the proposed direction, and

• (c) give a copy of the report to the board.

• (2) The education and training board concerned may make representations to the Minister in respect of the Minister’s opinion, the proposed direction and the report not later than 14 days from the service of a notice under subsection (1).

• (3) The Minister may, after consideration of any representations made under subsection (2), give a direction in writing to the education and training board concerned specifying—

• (a) the measures to be taken by the board in relation to the performance of any of its functions, and

• (b) any other requirement the Minister determines.

• (4) An education and training board and chief executive of the board shall comply with a direction given under subsection (3).

• (5) A direction to an education and training board under subsection (3) may require that board to enter into an arrangement with another education and training board whereby the last-mentioned board provides education and training in the functional area of the first-mentioned board, subject to such terms as may be specified in the direction.

• (6) Where a direction under subsection (3) requires an arrangement referred to in subsection (5) both education and training boards referred to in that subsection shall enter into and give effect to the arrangement.

42. Transfer of functions of education and training boards.

42.— (1) Where, in relation to an education and training board, the Minister considers that—

• (a) any direction given by the Minister to the board under section 41 has not been complied with, or

• (b) there are serious deficiencies in the carrying out of one or more of the functions of that board,

he or she may, by order, transfer any function of that board to the chief executive of that board or to any other person for such period, not exceeding 2 years, as may be specified in the order.

• (2) Where the Minister proposes to make an order under subsection (1) he or she shall, by notice in writing—

• (a) inform the education and training board concerned that he or she proposes to make such an order and of the reasons therefor, and

• (b) invite that board to make representations to him or her concerning the proposal, not later than 14 days from the service of the notice,

and the Minister shall, in deciding whether to make such order or not, take into consideration any such representations.

• (3) An order under subsection (1) shall not be amended in a manner that would result in any function to which that order relates standing transferred for a period exceeding 2 years.

• (4) Where a function of an education and training board stands transferred under this section that board shall not, during the period the function stands transferred, perform that function and the performance of that function shall not, during that period, be subject to the direction, control or supervision of the board.

• (5) The chief executive or other person to whom a function stands transferred under this section shall provide the education and training board concerned with such information relating to the performance by him or her of that function as the Minister directs.

• (6) A chief executive shall not pursuant to section 16 delegate a function standing transferred to him or her under this section to a member of the staff of the education and training board concerned without the prior consent of the Minister.

• (7) Any function of an education and training board transferred under subsection (1) shall revest in that board at the end of the period specified in an order made under that subsection.

43. Removal of members from office.

43.— (1) Where—

• (a) the Minister is satisfied that an education and training board has failed to comply with a direction under section 41,

• (b) an education and training board fails to comply with any judgement, order, or decree of any court of competent jurisdiction, or

• (c) an education and training board refuses to submit its accounts to the Comptroller and Auditor General for audit in accordance with section 51(2),

the Minister may issue a notice in writing to the education and training board concerned that he or she proposes to remove all the members of that board from office.

• (2) The members of an education and training board referred to in subsection (1) may make representations in writing to the Minister in respect of his or her proposal within 21 days after the service of the notice under subsection (1).

• (3) Subject to subsection (4) the Minister may by order, having considered any representations made under subsection (2), remove all the members of that education and training board from office.

• (4) Where the Minister proposes to make an order under subsection (3), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

• (5) The Minister shall, in making an order under subsection (3), appoint a person to perform the functions of the education and training board concerned and that person shall perform those functions until the commencement of the first meeting of the board after the election and appointment of new members in accordance with subsection (7).

• (6) An order under subsection (3) shall specify a date, being not more than 12 months from the date of the order, for the purposes of section 31 as modified by subsection (7).

• (7) Where an order is made under subsection (3), section 31 shall apply to the election and appointment of new members to the education and training board concerned subject to the following modifications—

• (a) in subsection (1)—

• (i) by deleting “in every election year,”, and

• (ii) by substituting “the date specified by the Minister by order under section 43(6)” for “the local elections concerned”,

• (b) in subsection (2)—

• (i) by substituting “The Minister” for “Every education and training board”,

• (ii) by deleting “in every election year,”, and

• (iii) by substituting “the date specified by the Minister by order under section 43(6)” for “the local elections concerned”,

and

• (c) in subsection (3) by substituting “the date specified by the Minister by order under section 43(6)” for “the date of the local elections concerned”.

PART 5 Committees of Education and Training Boards

44. Committees.

44.— (1) Subject to section 45, an education and training board may establish committees to—

• (a) perform such one or more of its functions as, in its opinion, could be better or more conveniently performed by a committee, or

• (b) advise it in relation to the performance by it of any of its functions,

and may determine the terms of reference and regulate the procedure of any such committee.

• (2) A committee established under subsection (1) shall consist of not more than 12 members and may, subject to subsection (9) and subsection (12)(c), consist partly of members who are not members of the education and training board concerned.

• (3) The chief executive, or a member of staff of an education and training board, other than a member of staff appointed as a member of the board under section 30(1)(b), shall not be a member of a committee of that board.

• (4) An education and training board may appoint a person to be chairperson of a committee established under subsection (1).

• (5) Subject to subsection (6), a chief executive or a member of staff of an education and training board shall, when requested to do so by a committee of that board, attend at a meeting of that committee.

• (6) A chief executive or member of staff referred to in subsection (5) shall not attend the meeting referred to in that subsection where the chief executive or member of staff concerned believes that attendance by him or her is inconsistent with the due performance of his or her functions as chief executive or member of staff, as the case may be.

• (7) Subject to subsection (9), an education and training board shall, upon being so directed by the Minister, establish a committee to perform, in relation to all or part of the functional area of the board, such functions of the board as are specified in the direction concerned.

• (8) A committee established under subsection (7) shall consist of such and so many members as the Minister shall direct.

• (9) The Minister may direct that a committee established under subsection (1) or pursuant to a direction under subsection (7) shall consist—

• (a) partly of members who are members of the education and training board concerned and partly of members who are not members of that board, or

• (b) exclusively of members who are members of the education and training board concerned.

• (10) An education and training board may, with the consent of the Minister, appoint a person to be chairperson of a committee established under subsection (7), and shall appoint a person to be chairperson of such committee where the Minister so directs.

• (11) The Minister may give directions to education and training boards in relation to the committees of those boards established under subsection (1) or subsection (7) where the functions of a committee shall include the performance by the committee of—

• (a) the functions of a board of management of a recognised school maintained by the board, or

• (b) functions which are the same as or substantially the same as, functions exercised by the 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 or facilities maintained by other public service bodies where the board provides education or training.

• (12) Without prejudice to the generality of subsection (11), directions given to education and training boards under that subsection may specify—

• (a) subject to subsection (9), the composition of those committees which, in the case of a recognised school, may include representatives of the patron, parents, staff and students of the school and such other persons who have a special interest in or knowledge of matters relating to education, as the Minister thinks appropriate,

• (b) a requirement that members of those committees shall reside within a specified distance of the recognised school, centre for education, education or training facility, children detention school, prison or facility maintained by any other public service body where the board provides education or training, as the case may be, and

• (c) notwithstanding subsection (9), that those committees may consist exclusively of members who are not members of the education and training boards by which they were established in order to meet the residence requirement referred to in paragraph (b).

• (13) A member of a committee established under subsection (1) may be removed from office at any time by the education and training board concerned.

• (14) A member of a committee established under subsection (7) may be removed from office at any time by the education and training board concerned with the consent of the Minister, and shall be removed where the Minister so directs.

• (15) Subject to subsection (17), an education and training board may at any time dissolve a committee established under subsection (1).

• (16) Subject to subsection (17), an education and training board may, with the consent of the Minister, at any time dissolve a committee established under subsection (7) and the board shall dissolve the committee where the Minister so directs.

• (17) Where—

• (a) an education and training board proposes to dissolve a committee under subsection (15) or (16), and

• (b) that committee is a committee to which subsection (11) applies,

that education and training board shall comply with sections 16 and 17 of the Act of 1998 before effecting the dissolution.

• (18) The acts of every committee established under this section (other than subsection (1)(b)) shall be subject to confirmation by the education and training board that established it, save where the Minister otherwise directs.

• (19) Notwithstanding the repeal of the Vocational Education (Amendment) Act 2001 by section 4(1), a subcommittee established under subsection (1) or pursuant to a direction under subsection (3) of section 31 of that Act, which immediately before the establishment day performs any of the functions referred to in paragraph (a) or (b) of subsection (11) shall continue in being on and after the establishment day as if—

• (a) in the case of a subcommittee established under subsection (1) of section 31 of that Act, it were a committee established by the relevant education and training board under subsection (1), or

• (b) in the case of a subcommittee established pursuant to a direction under subsection (3) of section 31 of that Act, it were a committee established by the relevant education and training board under subsection (7),

and the provisions of this Act shall apply to the subcommittee accordingly.

• (20) In this section “relevant education and training board” has the same meaning as it has in section 54.

45. Finance committee and audit committee.

45.— (1) An education and training board shall establish—

• (a) a committee to examine and report to that board on financial matters relating to the board (in this Act referred to as a “finance committee”), and

• (b) a committee to assist the board in discharging its internal audit functions (in this Act referred to as an “audit committee”).

• (2) The Minister may by direction make provision in respect of all or any of the following matters concerning a committee established under this section—

• (a) procedures governing the number, appointment and removal of members (including the chairperson) of the committee,

• (b) the holding of meetings, including the frequency and conduct of those meetings, and

• (c) the preparation of reports by the committee and the furnishing of those reports to other specified persons.

• (3) A committee established under this section shall report to the education and training board which established it not less than 4 times in each year.

• (4) A member of staff of an education and training board, or a chief executive of that board, shall not be a member of a committee established under this section.

• (5) Subject to subsection (6), a chief executive or a member of staff of an education and training board shall, when requested to do so by a committee of that board established under this section, attend at a meeting of that committee.

• (6) A chief executive or member of staff referred to in subsection (5) shall not attend the meeting referred to in that subsection where the chief executive or member of staff concerned believes that attendance by him or her is inconsistent with the due performance of his or her functions as chief executive or member of staff, as the case may be.

• (7) An education and training board shall determine what action, if any, it should take as a result of the findings of a report of a committee established under this section.

PART 6 Finance

46. Expenditure limit.

46.— (1) The Minister shall, as soon as practicable in each financial year, by notice in writing, inform each education and training board of—

• (a) its provisional expenditure limit for that financial year, and

• (b) its expenditure limit for that financial year as finally determined.

• (2) An education and training board shall not, in the performance of its functions, incur expenditure, during any financial year, in excess of the amount determined by the Minister under subsection (1)(b) without the consent of the Minister.

• (3) The Minister may at any time vary the amount of expenditure that an education and training board may incur under subsection (1)(b) and where the Minister varies such amount the board concerned shall not, without the consent of the Minister, incur expenditure in excess of that amount.

• (4) If at any time a chief executive of an education and training board is of opinion that the board is, as a result of the action, or proposed action, of that board, likely to contravene this section he or she shall so inform the board and the Minister.

• (5) Where the Minister considers that an education and training board is likely to contravene this section, he or she may—

• (a) direct the members of the board to make, within a specified period, such modifications to the annual service plan as he or she considers appropriate in order to ensure that a contravention of this section does not occur, or

• (b) permit the board to incur expenditure in excess of the limit that has been determined under this section.

• (6) Where an education and training board, in accordance with subsection (3) or subsection (5)(b), incurs, during a financial year, expenditure in excess of the limit determined under this section, the Minister shall determine how that excess will be reckoned for the purposes of the expenditure limit of the board in the following financial year and that determination may provide that the amount of the excess expenditure shall be deducted from the expenditure limit of that board in the following financial year.

• (7) Where an education and training board incurs in a financial year expenditure that is less than the limit determined under this section, the Minister shall determine how that surplus will be reckoned for the purposes of the expenditure limit of the board in the following financial year and that determination may provide that the amount of the surplus shall be added to the expenditure limit of that board in the following financial year.

• (8) Where the Minister gives a direction under this section, the education and training board to which the direction is given shall comply with that direction.

• (9) The Minister shall, by notice in writing, inform an education and training board of any determination under this section that relates to expenditure by that board.

47. Annual service plan.

47.— (1) A chief executive of an education and training board shall, on the basis of the provisional expenditure limit notified to the board under section 46(1)(a), within one month of receipt of such notification, prepare and submit to the board a plan setting out—

• (a) the services that the board proposes to provide, and

• (b) an estimate of income and expenditure of the board,

during the financial year commencing on 1 January of that year (in this Act referred to as an “annual service plan”).

• (2) An annual service plan shall be in such form and contain such information as the Minister may determine.

• (3) An education and training board shall, in relation to an annual service plan submitted under subsection (1), not later than 1 March in each year—

• (a) adopt the plan, or

• (b) after consultation with the chief executive, adopt the plan with such modifications as it considers appropriate.

• (4) An education and training board shall, not later than 42 days after service of a notice of its expenditure limit as finally determined under section 46(1)(b) and after consultation with the chief executive, make any amendments to the annual service plan which it considers appropriate and adopt the amended plan.

• (5) As soon as may be after an annual service plan has been adopted under subsection (3) and on each occasion that an amended annual service plan is adopted under this section by an education and training board, the chief executive of that board shall give a copy of the annual service plan or amended annual service plan, as the case may be, to—

• (a) the Minister,

• (b) the board of management of each recognised school maintained by the education and training board concerned, and

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

• (i) centres for education maintained by it,

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

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

• (6) Each education and training board shall publish its annual service plan adopted under subsection (3) and each amended annual service plan adopted by it under this section, as the case may be, on the internet as soon as practicable after such adoption.

• (7) A chief executive in preparing an annual service plan or an amended annual service plan and an education and training board in adopting an annual service plan or an amended annual service plan, as the case may be, shall ensure that the plan is in such form and contains such information as the Minister determines.

• (8) Where, in the opinion of the Minister, an annual service plan or an amended annual service plan submitted to him or her is not in accordance with the policies and objectives of the Government or the Minister in so far as they relate to the education and training board concerned, the Minister may direct the board to make, within a specified period, such modifications to the annual service plan or amended annual service plan as he or she considers appropriate.

• (9) An education and training board to whom a direction under subsection (8) is given shall comply with such direction.

• (10) An education and training board may, where it considers it necessary, request the chief executive of the board to prepare and submit to the board an amended annual service plan to take account of any variation in the expenditure limit as finally determined under section 46(1)(b).

• (11) An education and training board shall request the chief executive of the board to prepare and submit to the board an amended annual service plan in accordance with a direction under section 46(5)(a).

• (12) An education and training board shall, in relation to the amended annual service plan submitted to it under subsection (10) or (11)—

• (a) adopt the amended annual service plan, or

• (b) after consultation with the chief executive, adopt the amended annual service plan with such modifications as it considers appropriate.

• (13) Where an education and training board fails, in any financial year, to adopt an annual service plan or amended annual service plan, as the case may be—

• (a) under subsection (3), by 1 March of that year,

• (b) within the period referred to in subsection (4),

• (c) within the period specified under subsection (8),

• (d) within the period specified under section 46(5)(a),

the Minister may direct that education and training board to submit an annual service plan or amended annual service plan, as the case may be, to him or her within such period (not exceeding 10 days from the giving of the direction) as may be specified in the direction.

• (14) Where an education and training board fails to submit an annual service plan or amended annual service plan, as the case may be, to the Minister in accordance with a direction given under subsection (13), the Minister may direct the chief executive of that education and training board to prepare and submit an annual service plan or amended annual service plan, as the case may be, to him or her not later than 10 days after the service of the direction on the chief executive.

48. Deposit of monies standing to credit of education and training board.

48.— (1) An education and training board may, in relation to monies standing to the credit of the board—

• (a) make a deposit within the meaning of Part 3 of the National Treasury Management Agency (Amendment) Act 2000, on such terms and conditions (including terms and conditions relating to the payment of interest) as it may agree with—

• (i) the Minister for Finance, or

• (ii) in circumstances where the function conferred on the Minister for Finance by section 20(1) of that Act stands delegated to the National Treasury Management Agency by virtue of an order under section 23 of that Act, the National Treasury Management Agency,

or

• (b) deposit any such monies with a credit institution on such terms and conditions (including terms and conditions relating to the payment of interest) as it may agree with the credit institution concerned subject to any directions given by the Minister for Finance.

• (2) In this section “credit institution” means a credit institution within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 (S.I. No. 395 of 1992), authorised and approved by—

• (a) the Central Bank of Ireland, or

• (b) the competent authority (within the meaning of those Regulations) of a Member State of the European Union other than the State.

49. Powers of borrowing.

49.— (1) A chief executive of an education and training board may prepare and submit a proposal in writing to the board that the board should borrow by means of bank overdraft or otherwise money, including money in a currency other than the currency of the State, for the purposes of carrying out the board’s functions.

• (2) A proposal submitted to an education and training board under subsection (1) shall give reasons for the proposal.

• (3) An education and training board may, having considered a proposal under subsection (1), with the consent of the Minister, and having regard to any directions of the Minister for Public Expenditure and Reform or the Minister for Finance, accept the proposal and borrow by the means specified in the proposal for the purposes of carrying out the functions of the board.

• (4) The aggregate, at any one time, of monies borrowed by an education and training board shall not exceed such amount as may be determined by—

• (a) the Minister for Public Expenditure and Reform and the Minister for Finance, or

• (b) the Minister acting in accordance with any requirements or directions of the Minister for Public Expenditure and Reform or the Minister for Finance.

50. Fees.

50.— (1) An education and training board may charge, receive and recover, for any services provided by the board, such fees as the board may, with the consent of the Minister, from time to time determine.

• (2) The fees determined under subsection (1) shall be paid in the time and manner specified by an education and training board, subject to any directions of the Minister.

• (3) An education and training board may provide for different fees, or exemptions from the payment of fees, or for the waiver, remission or refund of fees (in whole or in part) in different circumstances or classes of circumstances or for different cases or classes of cases and for the manner in which fees are to be disposed of.

• (4) An education and training board may provide for the payment of reduced fees under this section having regard to the method of payment of the fees.

• (5) An education and training board shall arrange for the publication on the internet of fees payable as soon as practicable after the fees have been determined under subsection (1).

• (6) An education and training board may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

• (7) An education and training board may amend the fees determined under subsection (1) to take account of any change in the consumer price index since the determination of the fees for the time being in force, without the necessity for the consent of the Minister under subsection (1).

• (8) For the purposes of this section, “change in the consumer price index” means the difference between—

• (a) the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the last determination under this section, and

• (b) the Number last published before the date of the amendment under subsection (7),

expressed as a percentage of the first-mentioned number.

51. Accounts.

51.— (1) An education and training board shall keep in such form and in respect of such accounting periods as may be approved by the Minister, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, all proper and usual accounts of monies received or expended by it and shall keep in such form as aforesaid all such special accounts as the Minister with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform may, from time to time, direct.

• (2) Accounts kept in accordance with this section shall be submitted, not later than 1 April in the year immediately following the accounting period to which they relate or on such other date as the Minister may, from time to time, specify, by an education and training board to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts, and of such other (if any) accounts kept in accordance with this section as the Minister, after consultation with the Minister for Finance and 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 who shall, as soon as may be, cause copies thereof to be laid before each House of the Oireachtas.

52. Audit functions.

52.— (1) An education and training board shall, in respect of internal audit functions, act in accordance with—

• (a) guidelines issued and directions given by the Minister, and

• (b) any requirements of, or directions given by, the Minister for Public Expenditure and Reform.

• (2) An education and training board shall cooperate in full with any other body nominated by the Minister to carry out the internal audit function.

53. Acquisition, holding or disposal of land.

53.— (1) An education and training board shall provide such information to the Minister in respect of any acquisition, holding or disposal of land, or an interest in land, by the board as the Minister may specify from time to time.

• (2) The Minister may give a direction to an education and training board to acquire, hold or dispose of land, or an interest in land, where he or she considers it necessary having regard to the interests of the local community within the functional area of the board and the public interest in ensuring value for money.

• (3) The Minister shall, by notice in writing, inform an education and training board where he or she proposes to give a direction under subsection (2) and state the terms of the proposed direction.

• (4) An education and training board may make representations in writing to the Minister in relation to the proposed direction not later than 14 days from the date of service of a notice under subsection (3).

• (5) The Minister shall consider any representations made under subsection (4) prior to giving a direction under subsection (2).

• (6) An education and training board shall comply with a direction given to that board under this section.

• (7) All moneys received by an education and training board on the sale or other disposal of land or any interest in land may be recovered by the Minister and where not recovered by the Minister shall be applied towards such purposes as the Minister determines.

• (8) The Minister may make regulations in relation to the acquisition, holding or disposal of land or an interest in land by education and training boards.

• (9) Without prejudice to the generality of subsection (8), regulations made under that subsection may—

• (a) require an education and training board to manage, maintain or develop land or an interest in land, including the project management of such development,

• (b) require an education and training board to obtain an independent valuation of any land or interest in land in respect of a proposed acquisition or disposal of such land,

• (c) require an education and training board to set a reserve price in respect of a proposed disposal of land having regard to any independent valuation obtained,

• (d) specify the method by which land or an interest in land held by an education and training board shall be advertised, offered for sale or otherwise disposed of,

• (e) require an education and training board to ensure that costs, including professional fees, incurred in relation to the acquisition, holding or disposal of land or an interest in land are minimised,

• (f) specify the maximum term of a lease or licence which may be entered into by an education and training board which shall not require the consent of the Minister,

• (g) specify a maximum value for any transaction in relation to the acquisition or disposal of land, or an interest in land, which may be entered into by an education and training board above which the consent of the Minister shall be required, and

• (h) require an education and training board to keep such records as may be specified in respect of any acquisition, holding or disposal of land or an interest in land.

PART 7 Dissolution of Bodies

54. Interpretation.

54.— In this Part, references to a “relevant education and training board”, in relation to a dissolved body, means the education and training board specified in column (2) of Schedule 5 opposite the mention of the vocational education committee in column (1) of that Schedule.

55. Dissolution of vocational education committees.

55.— (1) The vocational education committees specified in column (1) of Schedule 5 (each of which is referred to in this Act as a “dissolved body”) are dissolved.

• (2) This section shall come into operation on the establishment day.

56. Liability for loss occurring before establishment day.

56.— (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of the functions of a dissolved body shall on and after that day lie against the relevant education and training board and not against the dissolved body.

• (2) Where immediately before the establishment day, any legal proceedings are pending in any court or tribunal to which a dissolved body is a party, the name of the relevant education and training board shall be substituted for that of the dissolved body and the proceedings shall not abate by reason of such substitution.

• (3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates and the terms of the agreement have not been implemented, or judgement in such a claim has been given in favour of a person but has not been enforced, then the terms of the agreement or judgement, as the case may be, shall, in so far as they would have been enforceable against a dissolved body, be enforceable against the relevant education and training board and not the dissolved body.

• (4) Any claim made or proper to be made by a dissolved body in respect of any loss or injury arising from the act or default of any person before the establishment day shall on and after that day be regarded as having been made by or proper to be made by the relevant education and training board and may be pursued and sued for by the relevant education and training board as if the loss or injury had been suffered by that relevant education and training board.

57. Transfer of land and other property.

57.— (1) On the establishment day, all lands that, immediately before that day, were vested in a dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the relevant education and training board for all the estate and interest therein that, immediately before the establishment day was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and capable of being performed.

• (2) On the establishment day all property (other than land), including choses-in-action, that, immediately before that day, was vested in a dissolved body shall stand vested in the relevant education and training board without any assignment.

• (3) Every chose-in-action vested in an education and training board by virtue of subsection (2) may, on and from the establishment day, be sued on, recovered or enforced by the education and training board in its own name, and it shall not be necessary for that education and training board to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

58. Transfer of staff.

58.— (1) (a) Subject to paragraph (b) every person who, immediately before the establishment day, was a member of the staff of a dissolved body shall, on the establishment day become and be a member of the staff of the relevant education and training board.

• (b) Every person who, immediately before the establishment day, was a fixed-term employee of a dissolved body shall, on the establishment day, become and be a fixed-term employee of the relevant education and training board for the duration of his or her contract of employment.

• (2) A person referred to in subsection (1), other than a person to whom section 24(5) of the Act of 1998 applies, may be transferred, in accordance with procedures determined from time to time by the Minister with the consent of the Minister for Public Expenditure and Reform following consultation with recognised trade unions and staff associations representing the persons concerned, to—

• (a) any other education and training board, or

• (b) a public service body other than an education and training board.

(3)(a) Subject to paragraph (b) a person transferred in accordance with subsection (2) shall, in accordance with procedures determined under that subsection, become and be a member of staff of the education and training board or the public service body to which he or she is transferred.

• (b) Every person who, immediately before the date on which he or she was transferred in accordance with subsection (2), was a fixed-term employee of an education and training board shall, on that date, become and be a fixed-term employee of the education and training board or public service body to which he or she is transferred, for the duration of his or her contract of employment.

• (4) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned—

• (a) a person referred to in subsection (1) shall not, on the establishment day, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the establishment day, and

• (b) a person referred to in subsection (2) shall not, on the date on which he or she is transferred in accordance with that subsection, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the date on which he or she was so transferred.

• (5) In subsection (4), a reference to conditions of remuneration does not include conditions in relation to superannuation.

• (6) In relation to a person referred to in subsection (1) or (2), previous service with the body from which the person was transferred shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

• (a) the Redundancy Payments Acts 1996 to 2011;

• (b) the Protection of Employees (Part-Time Work) Act 2001;

• (c) the Act of 2003;

• (d) the Organisation of Working Time Act 1997;

• (e) the Terms of Employment (Information) Acts 1994 to 2012;

• (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

• (g) the Unfair Dismissals Acts 1977 to 2007;

• (h) the Maternity Protection Acts 1994 and 2004;

• (i) the Parental Leave Acts 1998 and 2006;

• (j) the Adoptive Leave Acts 1995 and 2005;

• (k) the Carer’s Leave Act 2001.

• (7) In this section—

“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003;

“contract of employment” has the same meaning as it has in the Act of 2003;

“fixed-term employee” has the same meaning as it has in the Act of 2003;

“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purpose of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.

59. Superannuation.

59.— (1) A person referred to in section 58(1) who, immediately before the establishment day, was a member of a relevant superannuation scheme shall, on the establishment day, continue to be a member of such scheme in accordance with its terms and conditions.

• (2) A pensionable public servant who—

• (a) is not a member of the Single Public Service Pension Scheme, and

• (b) is appointed under section 19 to be a member of staff of an education and training board,

shall, on his or her appointment to the education and training board concerned, become and be a member of a relevant superannuation scheme in accordance with its terms and conditions.

• (3) Nothing in this section prevents a relevant superannuation scheme being varied in accordance with its terms and conditions.

• (4) In this section—

“pensionable public servant” shall be construed in accordance with Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“relevant superannuation scheme” means—

• (a) in the case of a person employed as a teacher, the Vocational Teachers’ Superannuation Schemes within the meaning of Article 3(5) of the Vocational Education Superannuation Schemes (Transfer of Departmental Administration and Ministerial Functions) Order 1998 (S.I. No. 362 of 1998), and

• (b) in the case of all other members of staff, the Education Sector Superannuation Scheme, within the meaning of Article 3(4) of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001).

60. Transfer of rights and liabilities, and continuation of leases, licences and permissions.

60.— (1) All rights and liabilities of a dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the establishment day shall on that day stand transferred to the relevant education and training board.

• (2) Every right and liability transferred by subsection (1) to an education and training board may, on and after the establishment day, be sued on, recovered or enforced by or against the education and training board in its own name, and it shall not be necessary for that education and training board to give notice of the transfer to the person whose right or liability is transferred by that subsection.

• (3) Every lease, licence, wayleave or permission granted by a dissolved body in relation to land or other property vested in a relevant education and training board by or under this Act, and in force immediately before the establishment day, shall continue in force on and after that day as if granted by the relevant education and training board.

61. Provisions consequent upon transfer of assets and liabilities.

61.— (1) Anything commenced and not completed before the establishment day by or under the authority of a dissolved body may be carried on or completed on or after the establishment day by the relevant education and training board.

• (2) Every instrument made under an enactment and every document (including any certificate) granted or made by a dissolved body, shall, if and in so far as it was operative immediately before the establishment day, have effect on or after that day as if it had been granted or made by the relevant education and training board.

• (3) Any money, stocks, shares or securities transferred by section 57 that immediately before the establishment day were standing in the name of a dissolved body shall, on the request of the relevant education and training board, be transferred into its name.

• (4) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the relevant education and training board under section 57 or 60 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

62. Records of dissolved bodies.

62.— Each record held by a dissolved body immediately before the establishment day is on that day transferred to the relevant education and training board and is, on and from that day, held by the relevant education and training board.

63. Accounts and final annual report of dissolved bodies.

63.— (1) Final accounts of a dissolved body shall be prepared by the relevant education and training board in respect of the period specified under subsection (3).

• (2) Each relevant education and training board shall submit the final accounts referred to in subsection (1) to the Comptroller and Auditor General for audit not later than the date it submits its first set of accounts to the Comptroller and Auditor General under section 51, and immediately after the audit, a copy of the accounts and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall, as soon as may be, cause copies thereof to be laid before each House of the Oireachtas.

• (3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the dissolved body concerned.

• (4) Any accounts of a dissolved body, other than the final accounts, which on the establishment day have not been submitted to the Comptroller and Auditor General for audit, shall be prepared and submitted by the relevant education and training board not later than 3 months after the establishment day.

• (5) Immediately after the relevant education and training board receives a copy of the accounts submitted under subsection (4) duly audited and a copy of the Comptroller and Auditor General’s report, the board shall present a copy of the accounts and a copy of the report to the Minister who shall, as soon as may be, cause copies thereof to be laid before each House of the Oireachtas.

• (6) The final annual report for a dissolved body shall be prepared by the relevant education and training board and that board shall submit the report to the Minister not later than the date it submits its first annual report to the Minister under section 28.

• (7) The Minister shall, as soon as may be after receiving a final annual report under subsection (6), cause copies of the report to be laid before each House of the Oireachtas.

• (8) The final annual report of a dissolved body shall be published on the internet by the relevant education and training board as soon as practicable after copies of the report are laid under subsection (7).

PART 8 Miscellaneous

64. Repeal of section 2(1)(j) of Unfair Dismissals Act 1977.

64.— Section 2(1)(j) (amended by section 75 of, and Part 6 of Schedule 6 to, the Health Act 2004) of the Unfair Dismissals Act 1977 is repealed.

65. Repeal of section 24(13) of Act of 1998.

65.— Subsection (13) (amended by section 6 of the Education (Amendment) Act 2012) of section 24 of the Act of 1998 is repealed.

66. Amendment of section 13 of Act of 1998.

66.— Section 13 of the Act of 1998 is amended by inserting the following subsection after subsection (12):

• “(12A) A person who obstructs or interferes with an inspector in the course of exercising a power conferred on the inspector by this section or impedes the exercise by the inspector of such a power commits an offence and is liable—

  • (a) on summary conviction to a Class A fine, or

  • (b) on conviction on indictment, to a fine not exceeding €100,000.”.

67. Transition for membership.

67.— (1) Notwithstanding the repeal by section 4(1) of section 2 of the Act of 1944, that section shall apply as if it had not been repealed in respect of a person who is a member of an education and training board pursuant to section 9(5) for the period beginning on the establishment day and ending on the date of the next post election meeting of that board.

• (2) Sections 34 and 37 shall not apply to a person referred to in subsection (1) for the period specified in that subsection.

• (3) Where a person becomes a member of an education and training board pursuant to section 9(5) and the person dies, resigns, ceases to be qualified for office or ceases to hold office during a period beginning on the establishment day and ending on the date of the next post election meeting, the casual vacancy arising shall be filled—

• (a) in the case of a vacancy occasioned by a member who was elected by a local authority, by a person elected by the local authority concerned,

• (b) in the case of a vacancy occasioned by a member who was appointed by a local authority, by a person appointed by the local authority concerned, or

• (c) in the case of any other vacancy, in accordance with directions given by the Minister.

• (4) A person who becomes a member of an education and training board under subsection (3) shall, subject to this Act, hold office for the period ending on the date of the next post election meeting of that board.

68. Transition for inquiries.

68.— (1) An inquiry commenced but not determined under section 105 of the Act of 1930 immediately before the commencement of section 4(1) in so far as that commencement relates to the repeal of—

• (a) sections 105, 106 and 107 of the Act of 1930, and

• (b) sections 7 and 8 of the Act of 1944,

shall, upon the repeal of those provisions, be continued as if those provisions had not been repealed.

• (2) Where the holder of an office under a vocational education committee stands suspended under section 7 of the Act of 1944 immediately before the commencement of section 4(1) in so far as the commencement relates to the repeal of—

• (a) sections 104, 105 and 106 of the Act of 1930, and

• (b) sections 7 and 8 of the Act of 1944,

then notwithstanding the repeal of those provisions, those provisions shall continue to apply to that holder of that office in so far as they relate to that suspension.

69. Saver (Regional Technical Colleges Act 1992 and Dublin Institute of Technology Act 1992).

69.— Notwithstanding the repeal of sections 105, 106 and 107 of the Act of 1930, and sections 7 and 8 of the Act of 1944, by section 4(1), those provisions shall continue to apply as if they had not been repealed for the purposes of—

• (a) F1[…]

• (b) F2[…]

70. Transition for scholarships.

70.— A scholarship established by, or assisted in its establishment by, a vocational education committee under section 39 of the Act of 1930 and in existence immediately prior to the commencement of section 4(1) in so far as it relates to the repeal of section 39 of the Act of 1930, shall notwithstanding the repeal of that section continue in force.

71. Saver (Student Support Act 2011).

71.— Nothing in this Act shall affect the operation of subsections (2) and (3) of section 6 of the Student Support Act 2011.

72. Consequential amendments to other Acts.

72.— (1) The Acts specified in columns (2) and (3) of Schedule 6 are amended to the extent specified in column (4) of that Schedule.

• (2) Subject to this Act, references (however expressed) to a vocational education committee in any Act passed before the establishment day, or in any instrument made before that day under an Act, shall be read as references to an education and training board, unless the context otherwise requires.

PART 9 Amendment of National Development Finance Agency Act 2002

73. Amendment of National Development Finance Agency Act 2002.

73. — F3[…]

SCHEDULE 1

Section 4.

PART 1 Acts Repealed