THE NATIONAL SOCIAL WORK QUALIFICATIONS BOARD (ESTABLISHMENT) ORDER, 1997 No. 97 of 1997
Source: Iris Oifigiúl 1997-02-27

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paragraphs: This Order may be cited as the National Social Work Qualifications Board (Establishment) Order, 1997.
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paragraphs: In this Order:
"the Board" means the National Social Work Qualifications Board established by this Order;
"the Chairperson" means the Chairperson for the time being of the Board;
"the Minister" means the Minister for Health;
"health board" means a health board established under the Health Act, 1970 ;
"fund" means the grant or grants paid to the Board by the Minister;
"establishment day" means the 27th day of February, 1997;
"letter of accreditation" means a letter certifying that the bearer has a non national qualification;
"officer" means an employee of the Board;
"N.Q.S.W." means the National Qualification in Social Work obtained in the State and "national qualification" shall be construed accordingly;
"non-national qualification" means a professional social work qualification obtained outside the State, which is recognised by the National Social Work Qualifications Board as equivalent to the National Qualification in Social Work;
"practice teacher" means a social worker who supervises students on practice placements on courses recognised by the National Social Work Qualifications Board;
"social worker" for the purposes of this Order means the holder of a professional qualification recognised by the National Social Work Qualifications Board;
"recognised course" means a course the content of which has been recognised by the National Social Work Qualifications Board as being a course leading to the award of the NQSW.
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paragraphs: (1) A body to be known as the National Social Work Qualifications Board is hereby established to perform the functions conferred upon it by this Order.
(2) The Board shall be a body corporate with perpetual succession and a seal and with power to sue and be sued with its corporate name and to hold land.
(3) All courts shall take judicial notice of the seal of the Board so established and every document purporting to be an order or other instrument made by the Board and to be sealed with its seal (purporting to be authenticated in the manner provided for in this Order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.
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paragraphs: The National Validation Body on Social Work Qualifications and Training shall be dissolved on the establishment day.
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paragraphs: The functions of the Board shall be to—
( a ) carry out any and all functions carried out by the National Validation Body on Social Work Qualifications and Training prior to the making of this Order,
( b ) grant the NQSW to persons who have successfully completed recognised courses,
( c ) advise on the equivalence of qualifications obtained otherwise than in an Irish third level institution,
( d ) advise the Minister, health boards, other health agencies and voluntary hospitals. Government Departments, public sector employers and other employers as to which courses provided in the State have been recognised by the National Social Work Qualifications Board for the purpose of awarding the NQSW, should any of the above seek such advice,
( e ) advise the Minister of the standards which should inform the education and training of Social Workers in the State,
(f) advise the Minister and other relevant Ministers of the specific content of recognised courses, having consulted with Government Departments who employ social workers,
( g ) determine and agree, in consultation with third level institutions providing, or proposing to provide at any time in the future, academic and professional social work education and training, the development of course content for the education and training of Social Workers in the State,
( h ) assess from time to time, as occasion may require, but in any event not less than once in every five years—
(i) the suitability of the social work education and training provided by any institution recognised by the Board for such purpose,
(ii) the standards of theoretical and practical knowledge required for social work qualifications,
(iii) whether the education and training of social workers meet the requirements as laid down in EU Directives and other legislation passed by the Council of the European Communities.
(i) maintain in accordance with rules made by the Board a record of NQSW. certificates granted to social workers who have successfully completed recognised courses pursuant to paragraph (b) of this article,
( j ) issue letters of accreditation to social workers with non-national qualifications,
( k ) maintain in accordance with rules made by the Board a record of letters of accreditation issued to social workers with non-national qualifications,
( l ) engage in research into the education and training of social workers including the formulation of experimental curricula and the evaluation of existing programmes and examinations and assessment procedures,
( m ) maintain statistical records and make such records available for research and planning, including manpower planning purposes, and
( n ) undertake such other appropriate tasks and functions as may be assigned to the Board from time to time by the Minister.
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paragraphs: (1) Any reference in any legislation to the National Validation Body on Social Work Qualifications and Training shall, immediately subsequent to the making of this Order, be taken to be a reference to the Board.
(2) The establishment of the Board shall not invalidate any courses recognised or certificates granted by the National Validation Body on Social Work Qualifications and Training and such courses and certificates shall continue to have effect as if they were granted by the Board.
(3) The new Body shall be substituted for the old in any legal proceedings pending; transfer of assets and liabilities; preservation of continuing contracts, and the transfer of members of staff.
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paragraphs: (1) The membership of the Board shall consist of not more than seventeen persons who shall be appointed by the Minister as follows—
( a ) two shall be persons appointed on the nomination of a body recognised by the Minister as being representative of social workers,
( b ) two shall be persons appointed on the nomination of a trade union which in the opinion of the Minister is representative of the majority of social workers,
( c ) one shall be a person representative of practice teachers,
( d ) three shall be persons appointed from Colleges providing a recognised course leading to the NQSW that is to say University College Dublin, University College Cork and Trinity College Dublin; such members to be appointed on the nomination of the Head of the College and be employed in the College Department providing the recognised course,
( e ) one shall be a person representative of the management of health boards,
( f ) one shall be a person representative of the management of hospitals, other than hospitals administered by health boards, which employs social workers,
( g ) one shall be a person representative of the Probation and Welfare Service of the Department of Justice, nominated by the Minister for Justice,
( h ) one member shall be a person appointed on the nomination of the Minister for the Environment,
( i ) one shall be a person representative of the interest of the general public, and
( j ) three shall be persons with a special interest or expertise in social services.
(2) The Chairperson of the National Validation Body on Social Work Qualifications and Training shall be the Chairperson of the first Board appointed by the Minister pursuant to this Order. The Chairperson of each subsequent Board shall be appointed by the Minister from among the membership of that Board.
(3) Members of the Board may be paid travelling and subsistence allowances in accordance with such scales as may from time to time be approved by the Minister, with the consent of the Minister for Finance.
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paragraphs: ( a ) The members of the first Board appointed by the Minister pursuant to this Order shall hold office until 16th May, 1999. The membership of each subsequent board shall hold office for a period of four years.
( b ) No person shall hold office as a member of the Board for more than two consecutive terms of four years.
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paragraphs: ( a ) The Minister may at any time terminate the appointment of a member of the Board who was appointed by him.
( b ) A member of the Board may resign his or her membership by giving notice in writing signed by him or her to the Board, but the resignation shall not become effective until the meeting of the Board next held after receipt of the notice of resignation.
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paragraphs: ( a ) Whenever a casual vacancy occurs among the members of the Board other than those appointed by election, the Board shall forthwith notify the Minister who, following consultation with such body or organisation as he considers suitable to advise him shall, as soon as is convenient, appoint a person to fill such vacancy and any person so appointed shall serve as a member of the Board for such period as is unexpired of the term of office of the person whom he or she replaces.
( b ) Whenever a casual vacancy occurs among the members of the Board appointed by election, the Board shall co-opt a person who would, pursuant to the provisions of this Order, be eligible for election to fill such vacancy and any person so co-opted shall serve as a member of the Board for such period as is unexpired of the term of office of the person whom he or she replaces.
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paragraphs: The quorum for a meeting of the Board shall be five.
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paragraphs: The Board shall hold at least four meetings in every year and may hold such other meetings as may be necessary for the performance of its duties.
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paragraphs: (1) The Board shall, from time to time, elect one of its members to be Vice-Chairperson of the Board.
(2) A Vice-Chairperson of the Board shall hold office as such for terms as may be specified by the Board at the time of his or her appointment unless—
( a ) he or she ceases to be, or becomes disqualified from being, a member of the Board,
( b ) he or she resigns the office of Vice-Chairperson and his or her resignation becomes effective under this paragraph,
( c ) the Board by a resolution for which not less than two-thirds of the members of the Board vote, and of the intention to propose which not less than seven days notice is given to every member of the Board, terminates his or her appointment as Vice-Chairperson,
(3) A Vice-Chairperson of the Board may at any time resign his or her office by giving notice in writing signed by him or her to the Board but the resignation shall not become effective until the meeting of the Board next held after the receipt by the Board of the notice of resignation.
(4) If at an election of the Vice-Chairperson of the Board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be Vice-Chairperson.
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paragraphs: The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Board or in the qualifications of any member thereof.
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paragraphs: The Chairperson, or in his or her absence, the Vice-Chairperson of the Board may, on his of her own initiative, or, shall, when he or she is requested so to do by a requisition signed by not less than ten members of the Board, convene a meeting of the Board.
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paragraphs: (1) If the Chairperson, or in his or her absence, the Vice-Chairperson of the Board refuses to convene a meeting of the Board after a requisition for that purpose signed by not less than ten members of the Board has been presented to him or her, any five members of the board may forthwith convene a meeting of the Board.
(2) If the Chairperson, or in his or her absence, the Vice-Chairperson of the Board, without so refusing, does not, within seven days after the presentation of a requisition for that purpose signed by not less than ten members of the Board convene a meeting of the Board, any five members of the Board may, on the expiration of those seven days, convene a meeting of the Board.
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paragraphs: At least three clear days before every meeting of the Board, notice, signed by the Chairperson or Vice-Chairperson of the Board, as the case may be, or, if the meeting is convened by members of the Board, by such members, of the time and place of the meeting shall be sent to every member of the Board: if the meeting is convened by members of the Board, the notice convening the meeting shall specify the business to be transacted thereat.
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paragraphs: At a meeting of the Board—
( a ) the Chairperson of the Board shall, if he or she is present, be the Chairperson,
( b ) if and so long as the Chairperson of the Board is not present, or if the office of Chairperson is vacant, the Vice-Chairperson of the Board shall, if he or she is present, be the Chairperson.
( c ) if and so long as the Chairperson of the Board is not present or the office of Chairperson is vacant and the Vice-Chairperson of the Board is not present or the office of Vice-Chairperson is vacant, the members of the Board who are present shall elect one of their number to be chairperson of that meeting.
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paragraphs: Minutes of the proceedings of all meetings of the Board shall be drawn up and entered in a book kept for that: purpose and such minutes shall be signed by the chairperson of the next ensuing meeting.
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paragraphs: The names of all members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting.
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paragraphs: Subject to articles 11 and 13 (4) of this Order, all acts of the Board and all questions coming or arising before the Board may be done and decided by a majority of such members of the Board as are present and vote in relation to the act or matter at a meeting of the Board duly convened according to law.
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paragraphs: In the case of equality of votes on any question arising at a meeting of the Board (other than election of the Vice-Chairperson) the chairperson of that meeting shall have a second or casting vote.
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paragraphs: Save as is otherwise provided by any order, including this Order, the Board may make standing orders for the regulation of its proceedings, and may amend or revoke such standing orders.
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paragraphs: (1) The Board may establish committees to assist and advise the Board in relation to the performance of its functions,
(2) Membership of a committee established by the Board may include persons who are not members of the Board.
(3) Any committee so appointed shall act subject to such directives as may be given by the Board, and any expenditure of monies by such committee shall be subject to the approval of the Board.
(4) Any committee so appointed may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister with the consent of the Minister for Finance.
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paragraphs: The seal of the Board shall be authenticated by the signature of the Chairperson or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.
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paragraphs: (1) The Board shall, not later than the 30th day of September in each year, submit to the Minister a statement of its estimated budgetary requirement in respect of the following financial year.
(2) The Minister may pay to the Board, in each year out of moneys provided by the Oireachtas, a grant, or grants, of such amount or amounts as the Minister with the consent of the Minister for Finance and after consultation with the Board may fix.
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paragraphs: (1) The Board shall keep all proper and usual accounts of all monies received or expended by the Board including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.
(2) The financial year of the board shall be the period of twelve months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1997, shall be deemed to be a financial year.