Further Education and Training Act 2013

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Further Education and Training 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 different provisions.

2. Interpretation.

2.— In this Act—

“Act of 1995” means the Ethics in Public Office Act 1995;

“An tSeirbhís” has the meaning assigned to it by section 6;

“chief executive” has the meaning assigned to it by section 23;

“dissolved body” has the meaning assigned to it by section 37;

“education and training board” means an education and training board established by section 9 of the Education and Training Boards Act 2013;

“further education and training strategy” means a strategy approved by the Minister under section 9;

“material interest” shall be construed in accordance with section 2(3) of the Act of 1995;

“Minister” means the Minister for Education and Skills;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

3. Expenses.

3.— 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 moneys provided by the Oireachtas.

4. Repeals.

4.— The Labour Services Act 1987 is repealed.

PART 2 An tSeirbhís Oideachais Leanúnaigh agus Scileanna

5. Establishment day.

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

6. Establishment of An tSeirbhís Oideachais Leanúnaigh agus Scileanna.

6.— (1) There shall stand established on the establishment day, a body which shall be known as An tSeirbhís Oideachais Leanúnaigh Agus Scileanna (in this Act referred to as “An tSeirbhís”), to perform the functions conferred on it by this Act.

(2) An tSeirbhís shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

(3) The seal of An tSeirbhís shall be authenticated by—

(a) the signatures of 2 members of An tSeirbhís, or

(b) the signatures of both a member and a member of the staff of An tSeirbhís,

authorised by An tSeirbhís to act in that behalf.

(4) Judicial notice shall be taken of the seal of An tSeirbhís and any document purporting to be an instrument made by, and to be sealed with the seal of, An tSeirbhís shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

7. Functions of An tSeirbhís.

7.— (1) The general functions of An tSeirbhís shall be to—

(a) prepare and submit to the Minister a strategy in respect of the provision of further education and training in accordance with section 9,

(b) promote an appreciation of the value of further education and training,

(c) consult with the Minister for Social Protection, the Minister for Jobs, Enterprise and Innovation and employers from time to time for the purpose of determining which, or which classes of, further education and training programmes should be the subject of advances by An tSeirbhís in accordance with section 21,

(d) advance moneys to education and training boards and other bodies engaged in the provision of further education and training programmes as determined in accordance with paragraph (c),

(e) provide, or arrange for, the provision of training and retraining for employment and to assist in and coordinate the provision of such training by persons other than An tSeirbhís,

(f) assess whether or not education and training boards, and other bodies engaged in the provision of further education and training programmes, to whom moneys have been advanced under section 21 perform their functions in an economic, efficient and effective manner,

(g) promote, encourage and facilitate the placement of persons belonging to such class or classes of person as may be specified by the Minister for Social Protection after consultation with the Minister in further education and training programmes that are funded, in whole or in part, out of public moneys,

(h) promote cooperation between education and training boards and other bodies involved in the provision of further education programmes,

(i) promote equality of opportunity in relation to the provision of further education and training,

(j) develop, and facilitate the development of, new and existing further education and training programmes including the establishment of systems designed to monitor the quality of the education and training concerned for the purpose of ensuring that those programmes serve their purpose,

(k) provide or assist in the provision of training to persons charged with the delivery of further education and training programmes in respect of which moneys have been advanced by An tSeirbhís under section 21,

(l) conduct, or arrange for the conduct of, research as respects any matters relating to the functions of An tSeirbhís, and

(m) advise the Minister in relation to any matter connected with the functions of An tSeirbhís.

(2) An tSeirbhís shall, upon a request from the Minister, provide the Minister with information, in such form and manner as the Minister may specify, as respects persons placed in further education and training programmes to which paragraph (g) of subsection (1) applies.

(3) An tSeirbhís may, for the purpose of defraying any expense incurred by it in the provision of any service, charge a fee to the recipient of the service provided that any such fee shall not exceed the cost to An tSeirbhís of providing the service.

(4) An tSeirbhís may, for the purposes of any further education and training that it is, for the time being, providing in the State to persons who are ordinarily resident in the State provide, or arrange for the provision of, a service to those persons outside the State.

(5) An tSeirbhís shall have all such powers as are necessary or expedient for the performance of its functions.

8. Conferral of additional functions on An tSeirbhís.

8.— (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, confer on An tSeirbhís, by order, such additional functions connected with the functions for the time being of An tSeirbhís as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.

(2) An order under this section may contain such incidental, supplemental and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

9. Further education and training strategy.

9.— (1) An tSeirbhís shall—

(a) as soon as practicable after the commencement of this section,

(b) not later than the expiration of such period as is specified in a direction under subsection (2), and

(c) not later than 5 years after the most recent approval by the Minister of a strategy under this section,

prepare, and submit to the Minister, a strategy in relation to the provision in the State of further education and training in respect of the period of 5 years immediately following its approval by the Minister under this section.

(2) The Minister may give a direction in writing to An tSeirbhís requiring it to prepare, and submit to him or her—

(a) not later than the expiration of such period as is specified in the direction, and

(b) in respect of such period as is so specified,

a strategy under this section.

(3) An tSeirbhís shall, in the preparation of a strategy under this section have regard to—

(a) any policy directions given by the Minister under section 19, and

(b) the likely cost of implementing any such strategy if approved by the Minister under this section.

(4) An tSeirbhís shall, for the purpose of preparing a strategy under this section, consult with the Minister for Education and Skills, the Minister for Social Protection and the Minister for Jobs, Enterprise and Innovation.

(5) An tSeirbhís may, for the purpose of preparing a strategy under this section, consult with—

(a) An tÚdarás um Ard-Oideachas, Enterprise Ireland, Teagasc or Quality and Qualifications Ireland,

(b) such education and training boards as it considers appropriate, or

(c) such—

(i) other providers of further education and training programmes (including community education providers),

(ii) persons in receipt of further education and training,

(iii) employers, or

(iv) other persons,

as it considers appropriate.

(6) A strategy under this section shall include a strategy for the provision of further education and training programmes in the State aimed at promoting, developing and encouraging literacy and numeracy.

(7) The Minister shall, as soon as practicable after the submission to him or her of a strategy under this section—

(a) approve the strategy with or without modifications, or

(b) refuse to approve the strategy and give a direction to An tSeirbhís under subsection (2).

(8) An tSeirbhís shall, as soon as practicable after the approval by the Minister of a strategy prepared and submitted under this section, cause the strategy to be published in such manner as An tSeirbhís considers appropriate.

10. Membership of An tSeirbhís.

10.— (1) An tSeirbhís shall consist of the following members that is to say—

(a) a chairperson, and

(b) 12 ordinary members (including the person to whom subsection (8) of section 23 applies).

(2) The chairperson of An tSeirbhís shall be appointed by the Minister from among persons who in the Minister’s opinion have experience of, and expertise in relation to—

(a) matters connected with the functions of An tSeirbhís, or

(b) matters connected with finance, trade, commerce, corporate governance or public administration.

(3) Of the ordinary members of An tSeirbhís (other than the person to whom subsection (8) of section 23 applies)—

(a) 8 shall be appointed by the Minister, following consultation by him or her with the Minister for Jobs, Enterprise and Innovation and the Minister for Social Protection, from among persons who in the opinion of the Minister have experience of, and expertise in relation to—

(i) matters connected with the functions of An tSeirbhís, or

(ii) matters connected with finance, trade, commerce, corporate governance or public administration,

(b) 2 shall be appointed by the Minister, following their nomination by the Minister for Social Protection from among persons who in the opinion of the Minister have experience of, and expertise in relation to, the matters referred to in subparagraph (i) or (ii) of paragraph (a),

(c) one shall be appointed by the Minister from among persons who in his or her opinion are representative of the interests of persons who are, for the time being, in receipt of further education and training.

(4) The chairperson of An tSeirbhís shall hold office for such period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

(5) Subject to subsection (6), each ordinary member of An tSeirbhís (other than the person to whom subsection (8) of section 23 applies) shall hold office for such period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

(6) Of the ordinary members of An tSeirbhís (other than the person to whom subsection (8) of section 23 applies) first appointed after the commencement of this section—

(a) such 3 members as the Minister shall determine shall hold office for the period of 3 years from the date of their appointment,

(b) such 4 members as the Minister shall determine shall hold office for the period of 4 years from the date of their appointment, and

(c) such 4 members as the Minister shall determine shall hold office for the period of 5 years from the date of their appointment.

(7) Subject to subsection (8), a member of An tSeirbhís whose term of office expires by the effluxion of time shall be eligible for reappointment to An tSeirbhís.

(8) A member of An tSeirbhís who has served 2 terms of office shall not be eligible for reappointment to An tSeirbhís, and any period during which a person serves as a member of An tSeirbhís pursuant to an appointment under section 12shall be deemed for the purposes of this subsection to be a term of office.

11. Conditions of office of members of An tSeirbhís.

11.— (1) The Minister may at any time remove from office a member of An tSeirbhís if—

(a) in the opinion of the Minister, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour,

(b) the member’s removal appears to the Minister to be necessary in order to ensure the effective performance by An tSeirbhís of its functions, or

(c) the Minister is satisfied that the member has contravened the Act of 1995.

(2) A member of An tSeirbhís may resign from office by notice in writing given to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

(3) A member of An tSeirbhís shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is convicted of any indictable offence in relation to a company,

(d) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(e) is the subject of an order under section 160 of the Companies Act 1990, or

(f) is sentenced to a term of imprisonment by a court of competent jurisdiction.

(4) A member of An tSeirbhís shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.

12. Casual vacancies among members of An tSeirbhís.

12.— (1) If a member of An tSeirbhís dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Minister may appoint a person to be a member of An tSeirbhís to fill the casual vacancy so occasioned in the same manner as the member of An tSeirbhís who occasioned the casual vacancy was appointed.

(2) A person appointed to be a member of An tSeirbhís pursuant to this section 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 of his or her appointment and shall, subject to subsection (5) of section 10, be eligible for reappointment as a member of An tSeirbhís on the expiry of the said period.

13. Remuneration of members of An tSeirbhís.

13.— The chairperson and ordinary members of An tSeirbhís shall be paid by An tSeirbhís such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine.

14. Meetings and procedure.

14.— (1) An tSeirbhís shall hold such and so many meetings as may be necessary for the due fulfilment of its functions but in each year shall hold not less than one meeting in each period of 3 months.

(2) At a meeting of An tSeirbhís—

(a) the chairperson of An tSeirbhís shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of An tSeirbhís is not present, or if that office is vacant, the members of An tSeirbhís who are present shall choose one of their number to be chairperson of the meeting.

(3) Every question at a meeting shall be determined by a majority of the votes of the members of An tSeirbhís present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) Subject to subsection (6), An tSeirbhís may act notwithstanding one or more vacancies among its members.

(5) Subject to the provisions of this Act, An tSeirbhís shall regulate its procedure by rules or otherwise.

(6) The quorum for a meeting of An tSeirbhís shall, unless the Minister otherwise directs, be 7.

(7) The Minister shall fix the date of the first meeting of An tSeirbhís first constituted pursuant to section 10, and shall specify the time and place at which it shall take place.

15. Membership of either House of Oireachtas or European Parliament.

15.— (1) Where a member of An tSeirbhís is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of An tSeirbhís.

(2) Where a member of the staff of An tSeirbhís is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament,

he or she shall thereupon stand seconded from employment by An tSeirbhís and shall not be paid by, or be entitled to receive from, An tSeirbhís any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a member of such Parliament.