Further Education and Training Act 2013
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: — (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.
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paragraphs: — In this Act—
“Act of 1995” means the Ethics in Public Office Act 1995 ;
“An tSeirbhÃ­s” 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.
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paragraphs: — 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.
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paragraphs: — The Labour Services Act 1987 is repealed.
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paragraphs: — The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.
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paragraphs: — (1) There shall stand established on the establishment day, a body which shall be known as An tSeirbhÃ­s Oideachais LeanÃºnaigh Agus Scileanna (in this Act referred to as “An tSeirbhÃ­s”), to perform the functions conferred on it by this Act.
(2) An tSeirbhÃ­s 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 tSeirbhÃ­s shall be authenticated by—
(a) the signatures of 2 members of An tSeirbhÃ­s, or
(b) the signatures of both a member and a member of the staff of An tSeirbhÃ­s,
authorised by An tSeirbhÃ­s to act in that behalf.
(4) Judicial notice shall be taken of the seal of An tSeirbhÃ­s and any document purporting to be an instrument made by, and to be sealed with the seal of, An tSeirbhÃ­s shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.
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paragraphs: — (1) The general functions of An tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s,
(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 tSeirbhÃ­s under section 21 ,
(l) conduct, or arrange for the conduct of, research as respects any matters relating to the functions of An tSeirbhÃ­s, and
(m) advise the Minister in relation to any matter connected with the functions of An tSeirbhÃ­s.
(2) An tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s of providing the service.
(4) An tSeirbhÃ­s 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 tSeirbhÃ­s shall have all such powers as are necessary or expedient for the performance of its functions.
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paragraphs: — (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, confer on An tSeirbhÃ­s, by order, such additional functions connected with the functions for the time being of An tSeirbhÃ­s 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.
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paragraphs: — (1) An tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s may, for the purpose of preparing a strategy under this section, consult with—
(a) An tÃdarÃ¡s 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 tSeirbhÃ­s under subsection (2).
(8) An tSeirbhÃ­s 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 tSeirbhÃ­s considers appropriate.
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paragraphs: — (1) An tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s, or
(b) matters connected with finance, trade, commerce, corporate governance or public administration.
(3) Of the ordinary members of An tSeirbhÃ­s (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 tSeirbhÃ­s, 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 tSeirbhÃ­s 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 tSeirbhÃ­s (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 tSeirbhÃ­s (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 tSeirbhÃ­s whose term of office expires by the effluxion of time shall be eligible for reappointment to An tSeirbhÃ­s.
(8) A member of An tSeirbhÃ­s who has served 2 terms of office shall not be eligible for reappointment to An tSeirbhÃ­s, and any period during which a person serves as a member of An tSeirbhÃ­s pursuant to an appointment under section 12 shall be deemed for the purposes of this subsection to be a term of office.
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paragraphs: — (1) The Minister may at any time remove from office a member of An tSeirbhÃ­s 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 tSeirbhÃ­s of its functions, or
(c) the Minister is satisfied that the member has contravened the Act of 1995.
(2) A member of An tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s 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.
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paragraphs: — (1) If a member of An tSeirbhÃ­s 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 tSeirbhÃ­s to fill the casual vacancy so occasioned in the same manner as the member of An tSeirbhÃ­s who occasioned the casual vacancy was appointed.
(2) A person appointed to be a member of An tSeirbhÃ­s 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 tSeirbhÃ­s on the expiry of the said period.
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paragraphs: — The chairperson and ordinary members of An tSeirbhÃ­s shall be paid by An tSeirbhÃ­s 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.
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paragraphs: — (1) An tSeirbhÃ­s 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 tSeirbhÃ­s—
(a) the chairperson of An tSeirbhÃ­s shall, if present, be the chairperson of the meeting, or
(b) if and so long as the chairperson of An tSeirbhÃ­s is not present, or if that office is vacant, the members of An tSeirbhÃ­s 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 tSeirbhÃ­s 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 tSeirbhÃ­s may act notwithstanding one or more vacancies among its members.
(5) Subject to the provisions of this Act, An tSeirbhÃ­s shall regulate its procedure by rules or otherwise.
(6) The quorum for a meeting of An tSeirbhÃ­s shall, unless the Minister otherwise directs, be 7.
(7) The Minister shall fix the date of the first meeting of An tSeirbhÃ­s first constituted pursuant to section 10 , and shall specify the time and place at which it shall take place.
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paragraphs: — (1) Where a member of An tSeirbhÃ­s is—
(a) nominated as a member of Seanad Ãireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or
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paragraphs: — (1) Where at a meeting of An tSeirbhÃ­s any of the following matters arises, namely—
(a) an arrangement to which An tSeirbhÃ­s is a party or a proposed such arrangement, or
(b) a contract or other agreement with An tSeirbhÃ­s or a proposed such contract or other agreement,
then, any member of An tSeirbhÃ­s present at the meeting who otherwise than in his or her capacity as such a member has a material interest in the matter shall—
(i) at the meeting, disclose to An tSeirbhÃ­s the fact of such interest and the nature thereof,
(ii) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,
(iii) take no part in any deliberation of An tSeirbhÃ­s relating to the matter, and
(iv) not vote on a decision relating to the matter.
(2) A member of An tSeirbhÃ­s who, otherwise than in his or her capacity as such a member has a material interest in—
(a) an arrangement or proposed arrangement to which paragraph (a) of subsection (1) applies, or
(b) a contract or other agreement or a proposed contract or other agreement to which paragraph (b) of that subsection applies,
shall neither influence nor seek to influence any decision to be made by An tSeirbhÃ­s in relation thereto.
(3) Where a material interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.
(4) Where at a meeting of An tSeirbhÃ­s a question arises as to whether or not a course of conduct, if pursued by a member of An tSeirbhÃ­s, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may, subject to subsection (5), be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
(5) Where at a meeting of An tSeirbhÃ­s, the chairperson of the meeting is the member in respect of which a question to which subsection (4) applies falls to be determined, then the other members of An tSeirbhÃ­s attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.
(6) Where the Minister is satisfied that a member of An tSeirbhÃ­s has contravened subsection (1) or (2), the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of An tSeirbhÃ­s.
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paragraphs: — (1) Where a member of the staff of An tSeirbhÃ­s has a material interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which An tSeirbhÃ­s is a party, that person shall—
(a) disclose to An tSeirbhÃ­s his or her interest and the nature thereof,
(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by An tSeirbhÃ­s or members of the staff of An tSeirbhÃ­s in relation thereto, and
(c) neither influence nor seek to influence a decision to be made in the matter nor make any recommendation in relation to the contract, agreement or arrangement.
(2) Subsection (1) shall not apply to contracts or proposed contracts of employment of members of the staff of An tSeirbhÃ­s with An tSeirbhÃ­s.
(3) Where a person contravenes this section, An tSeirbhÃ­s may make such alterations to the person’s terms and conditions of employment as it considers appropriate or terminate the person’s employment.
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paragraphs: — (1) Subject to sections 34 and 35 , a person shall not disclose confidential information obtained by him or her while performing functions as a member or member of the staff of, or an adviser or consultant to, An tSeirbhÃ­s, or a member of the staff of such adviser or consultant, unless he or she is duly authorised by An tSeirbhÃ­s to so do.
(2) In this section “confidential information” includes—
(a) information that is expressed by An tSeirbhÃ­s to be confidential either as regards particular information or as regards information of a particular class or description, and
(b) proposals of a commercial nature or tenders submitted to An tSeirbhÃ­s by contractors, consultants or any other person.
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paragraphs: — (1) The Minister may, in relation to the performance by An tSeirbhÃ­s of its functions, give a direction in writing to An tSeirbhÃ­s requiring it to comply with such policies of the Government as are specified in the direction.
(2) The Minister may, in relation to the performance by An tSeirbhÃ­s of its functions, give a direction in writing to An tSeirbhÃ­s requiring it to comply with such matters specified in the direction relating to—
(a) the provision of services or the carrying on of activities specified in the direction, or
(b) expenditure by An tSeirbhÃ­s.
(3) The Minister may, by direction in writing, amend or revoke a direction under this section (including a direction under this subsection).
(4) An tSeirbhÃ­s shall comply with a direction under this section.
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paragraphs: — (1) In each financial year, the Minister may, after consultation with An tSeirbhÃ­s, advance to An tSeirbhÃ­s out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.
(2) Section 7 of the National Training Fund Act 2000 is amended by the insertion of the following subsection:
“(2A) The Minister may, for any purpose specified insubsection (1) and with the consent of the Minister for Public Expenditure and Reform, make payments to An tSeirbhÃ­s, and any payments so made shall be expended by An tSeirbhÃ­s for that purpose only.”.
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paragraphs: — (1) An tSeirbhÃ­s may, for the purposes of any furthereducation or training programme, advance such sum or sums as it considers appropriate to an education and training board that provides that programme.
(2) An tSeirbhÃ­s may, for the purposes of any further education or training programme, advance such sum or sums as it considers appropriate to a body (other than an education and training board) that provides that programme.
(3) An tSeirbhÃ­s may—
(a) for the purposes of ensuring the implementation of the further education and training strategy attach such conditions as it considers appropriate to any advance made in accordance with this section, and
(b) attach such other conditions (if any) as it considers appropriate to any such advance.
(4) A body to whom moneys are advanced under this section shall provide such information to An tSeirbhÃ­s in relation to the performance of its functions or the expenditure of those moneys as An tSeirbhÃ­s may reasonably require.
(5) If an education and training board contravenes a condition attaching to an advance under this section or fails to comply with a requirement under subsection (4), An tSeirbhÃ­s shall so inform the Minister.
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paragraphs: — (1) An tSeirbhÃ­s may, with the consent of the Minister and the Minister for Public Expenditure and Reform and subject to such conditions (if any) as they may specify, from time to time, borrow money (whether on the security of the assets of An tSeirbhÃ­s or not).
(2) The aggregate standing borrowed under this section at any one time shall not exceed such amount as the Minister may, with the consent of the Minister for Public Expenditure and Reform determine.
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paragraphs: — (1) There shall be a chief executive officer of An tSeirbhÃ­s (in this Act referred to as the “chief executive”).
(2) Subject to subsections (4) and (5), the chief executive shall be appointed by An tSeirbhÃ­s with the consent of the Minister.
(3) The chief executive may be removed from office by An tSeirbhÃ­s for stated reasons.
(4) The Minister may, before the establishment day, designate a person to be appointed to be the first chief executive of An tSeirbhÃ­s.
(5) If, immediately before the establishment day, a person stands designated by the Minister under subsection (4), An tSeirbhÃ­s shall appoint that person to be the first chief executive.
(6) The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by An tSeirbhÃ­s with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.
(7) The chief executive shall not hold any other office or employment or carry on any business without the consent of An tSeirbhÃ­s.
(8) The chief executive shall, ex officio, be an ordinary member of An tSeirbhÃ­s.
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paragraphs: — (1) The chief executive shall carry on and manage, and control generally, the administration of An tSeirbhÃ­s and perform such other functions (if any) as may be determined by An tSeirbhÃ­s.
(2) The chief executive shall perform his or her functions subject to such policies as may be determined from time to time by An tSeirbhÃ­s, and shall be accountable to An tSeirbhÃ­s for the efficient and effective management of An tSeirbhÃ­s and for the due performance of his or her functions.
(3) The chief executive may make proposals to An tSeirbhÃ­s on any matter relating to its functions.
(4) An tSeirbhÃ­s may designate a member of the staff of An tSeirbhÃ­s to perform the functions of chief executive in the absence of the chief executive or where the position of chief executive is vacant, and a member so designated shall in such absence or upon such position being vacant perform those functions.
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paragraphs: — (1) The chief executive shall, whenever required in writing to do so by the Committee of DÃ¡il Ãireann established under the Standing Orders of DÃ¡il Ãireann to examine and report to DÃ¡il Ãireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to that Committee in relation to—
(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that An tSeirbhÃ­s is required by this Act to prepare,
(b) the economy and efficiency of An tSeirbhÃ­s in the use of its resources,
(c) the systems, procedures and practices employed by An tSeirbhÃ­s for the purpose of evaluating the effectiveness of its operations, and
(d) any matter affecting An tSeirbhÃ­s referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before DÃ¡il Ãireann.
(2) In the performance of his or her duties under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
num: 26
paragraphs: — (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 25 or the Committee on Members’ Interests of DÃ¡il Ãireann or the Committee on Members’ Interests of Seanad Ãireann) or a subcommittee of such a Committee.
(2) Subject to subsection (3), the chief executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of An tSeirbhÃ­s.
(3) The chief executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.
(4) Where the chief executive is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing.
(5) Where the chief executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—
(a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or
(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,
and the High Court shall determine the matter.
(6) Pending the determination of an application under subsection (5), the chief executive shall not attend before the Committee to give account for the matter the subject of the application.
(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive shall attend before the Committee to give account for the matter.
(8) In the performance of his or her duties under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
num: 27
paragraphs: — (1) An tSeirbhÃ­s shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of An tSeirbhÃ­s as it may from time to time determine.
(2) The terms and conditions of service of a member of the staff of An tSeirbhÃ­s shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by An tSeirbhÃ­s.
(3) There shall be paid by An tSeirbhÃ­s to the members of its staff such remuneration and allowances as, from time to time, An tSeirbhÃ­s, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, determines.
num: 28
paragraphs: — (1) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association, An tSeirbhÃ­s shall accept into its employment on the establishment day each person who immediately before that day was a member of the staff of the dissolved body on such terms and conditions of service relating to remuneration as are not less favourable than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.
(2) The terms and conditions to which a person is subject upon his or her becoming a member of the staff of An tSeirbhÃ­s in accordance with subsection (1) shall be deemed to have been determined by An tSeirbhÃ­s in accordance with subsection (2) of section 27 .
(3) In relation to persons transferred to the staff of An tSeirbhÃ­s under subsection (1), previous service with the dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, the Protection of Employees (Part-Time Work) Act 2001 , the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007.
num: 29
paragraphs: — (1) As soon as may be after the establishment day, An tSeirbhÃ­s shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—
(a) persons who were accepted into its employment in accordance with section 28 ,
(b) such other members of its staff (including the chief executive but not including persons to whom the Single Public Service Pension Scheme applies by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ) as it considers appropriate, and
(c) former members of the staff (other than those who were accepted into the employment of An tSeirbhÃ­s in accordance with section 28 ) of the dissolved body, including those who are deceased.
(2) Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(3) An tSeirbhÃ­s may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.
(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by An tSeirbhÃ­s in accordance with its terms.
(5) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.
(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.
(6) A superannuation benefit shall not be granted by An tSeirbhÃ­s to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.
(7) (a) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a scheme under subsection (1) shall, as respects—
(i) a person accepted into the employment of An tSeirbhÃ­s in accordance with section 28 , or
(ii) a former member of the staff of the dissolved body referred to in paragraph (c) of subsection (1),
provide for the granting to or in respect of him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits that applied to him or her immediately before the establishment day.
(b) Any period of service by a person as a member of the staff of the dissolved body which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of the staff of the dissolved body shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).
(8) (a) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was accepted into the employment of An tSeirbhÃ­s in accordance with section 28 , the benefit shall be calculated and paid by An tSeirbhÃ­s in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with An tSeirbhÃ­s shall be aggregated with his or her previous pensionable service.
(b) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person (including a person who is deceased) who was a member of the staff of the dissolved body but was not accepted into the employment of An tSeirbhÃ­s in accordance with section 28 , the benefit shall be calculated and paid by An tSeirbhÃ­s in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day.
(9) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.
num: 30
paragraphs: — (1) An tSeirbhÃ­s shall—
(a) not later than 6 months after the commencement of this section, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted, and
(b) not later than 3 months before each third anniversary of the submission to the Minister in accordance with this subsection of the strategy statement for the time being in effect, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted.
(2) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.
(3) An tSeirbhÃ­s shall ensure that, as soon as practicable after copies of a strategy statement are laid before both Houses of the Oireachtas in accordance with subsection (2), the strategy statement is published on the internet.
(4) In this section “strategy statement” means a statement that—
(a) specifies the key objectives, outputs and related strategies, including use of resources, of An tSeirbhÃ­s, and
(b) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister.
num: 31
paragraphs: — (1) An tSeirbhÃ­s shall keep in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform all proper and usual accounts of all money received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time direct.
(2) Accounts kept in accordance with this section shall be submitted, not later than 1 March in the year immediately following the financial year to which they relate or on such earlier date as the Minister may, from time to time, specify, 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 as the Minister, after consultation with 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 after they are so presented, cause copies thereof to be laid before each House of the Oireachtas.
num: 32
paragraphs: — (1) An tSeirbhÃ­s shall not later than 31 May, or such other date as the Minister may specify in writing, in each year prepare and submit to the Minister a report on its activities in the immediately preceding year, and the Minister shall, as soon as may be after receiving the report, cause copies of the report to be laid before each House of the Oireachtas.
(2) An tSeirbhÃ­s shall arrange for a report laid before both Houses of the Oireachtas in accordance with subsection (1) to be published on the internet as soon as practicable after copies of the report are so laid.
num: 33
paragraphs: — (1) An tSeirbhÃ­s may, with the consent of the Minister and the Minister for Public Expenditure and Reform, accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.
(2) An tSeirbhÃ­s shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with its functions.
num: 34
paragraphs: — (1) Where a person communicates his opinion, whether in writing or otherwise, to a member of the Garda SÃ­ochÃ¡na, the Minister or a member of An tSeirbhÃ­s that—
(a) an offence under this Act has been or is being committed or any provision of this Act has been or is being contravened,
(b) an offence under any other enactment has been or is being committed, or any other enactment or rule of law has been or is being contravened, in relation to An tSeirbhÃ­s,
(c) there has been other serious wrongdoing in relation to An tSeirbhÃ­s,
then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.
(2) Where a person communicates his opinion, whether in writing or otherwise, to the Minister that a direction given by the Minister under this Act has been or is being contravened then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.
(3) This section applies to a communication—
(a) that would, but for this section, constitute a breach of duty by the person who made it, or
(b) in respect of which, another person would, but for this section, have a cause of action against the person who made it.
num: 35
paragraphs: — (1) An employer shall not penalise or threaten penalisation against an employee for—
(a) making a complaint to a member of the Garda SÃ­ochÃ¡na or a member of An tSeirbhÃ­s that a provision of this Act, or any enactment or other rule of law, has been or is being contravened,
(b) making a complaint to the Minister that a direction given by him under this Act has been or is being contravened,
(c) making a complaint to a member of An tSeirbhÃ­s that there has been serious wrongdoing in relation to An tSeirbhÃ­s,
(d) giving evidence in any proceedings under this Act or any other enactment, or
(e) giving notice of his intention to do any of the things referred to in the preceding paragraphs.
num: 36
paragraphs: — (1) A person who states to a member of the Garda SÃ­ochÃ¡na or a member of An tSeirbhÃ­s that—
(a) an offence under this Act or any other enactment has been or is being committed,
(b) a provision of this Act, a provision of any other enactment or any rule of law has been or is being contravened, or
(c) there has been serious wrongdoing by any person in relation to An tSeirbhÃ­s,
knowing the statement to be false shall be guilty of an offence.
(2) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 3 years or both.
num: 37
paragraphs: — (1) An Foras Ã?iseanna Saothair (in this Act referred to as the “dissolved body”) is dissolved.
(2) Section 25 shall apply to the person who immediately before the establishment day performed the functions of accounting officer of the dissolved body subject to the modifications that—
(a) references in that section to the chief executive shall be construed as references to that person, and
(b) references to An tSeirbhÃ­s shall be construed as references to the dissolved body.
(3) This section shall come into operation on the establishment day.
num: 38
paragraphs: — (1) (a) All functions (other than functions under the Act of 1987) that, immediately before the establishment day, were vested in the dissolved body are transferred to An tSeirbhÃ­s.
(b) The functions conferred on the dissolved body by virtue of subsection (2) of section 4 of the Act of 1987 are transferred to An tSeirbhÃ­s.
(c) References in any enactment or instrument under an enactment to An Foras Ã?iseanna Saothair (howsoever described) shall be construed as references to An tSeirbhÃ­s save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.
(2) This section shall come into operation on the establishment day.
num: 39
paragraphs: — (1) On the establishment day, all lands that, immediately before that day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in An tSeirbhÃ­s for all the estate or 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 being 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 the dissolved body shall stand vested in An tSeirbhÃ­s without any assignment.
(3) Every chose-in-action vested in An tSeirbhÃ­s by virtue of subsection (2) may, on and from the establishment day, be sued on, recovered or enforced by An tSeirbhÃ­s in its own name, and it shall not be necessary for An tSeirbhÃ­s, or the dissolved body, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
num: 40
paragraphs: — (1) All rights and liabilities of the dissolved body subsisting immediately before the establishment day and arising by virtue of any contract or commitment (expressed or implied) shall on that day stand transferred to An tSeirbhÃ­s.
(2) Every right and liability transferred by subsection (1) to An tSeirbhÃ­s may, on and after the establishment day, be sued on, recovered or enforced by or against An tSeirbhÃ­s in its own name, and it shall not be necessary for An tSeirbhÃ­s, or the dissolved body, to give notice to the person whose right or liability is transferred by that subsection of such transfer.
(3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in An tSeirbhÃ­s by or under this Act, and in force immediately before the establishment day, shall continue in force as if granted by An tSeirbhÃ­s.
num: 41
paragraphs: — (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 any of the functions of the dissolved body shall on and after that day, lie against An tSeirbhÃ­s and not against the dissolved body.
(2) Any legal proceedings pending immediately before the establishment day to which the dissolved body is a party, shall be continued, with the substitution in the proceedings of An tSeirbhÃ­s, in so far as they so relate, for the dissolved body.
(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the dissolved body, be enforceable against An tSeirbhÃ­s and not the dissolved body.
(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by An tSeirbhÃ­s and may be pursued and sued for by An tSeirbhÃ­s as if the loss or injury had been suffered by An tSeirbhÃ­s.
num: 42
paragraphs: — (1) Anything commenced and not completed before the establishment day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to An tSeirbhÃ­s under section 38 , be carried on or completed on or after the establishment day by An tSeirbhÃ­s.
(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 38 , shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by An tSeirbhÃ­s.
(3) References to An Foras Ã?iseanna Saothair in the memorandum or articles of association of any company (except where they relate to a function transferred to the Minister for Social Protection under the Social Welfare and Pensions Act 2010 ) shall, on and after the establishment day, be construed as references to An tSeirbhÃ­s.
(4) Any money, stocks, shares or securities transferred by section 39 that immediately before the establishment day were standing in the name of the dissolved body shall, on the request of An tSeirbhÃ­s be transferred into its name.
(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in An tSeirbhÃ­s under section 39 or 40 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.
num: 43
paragraphs: — (1) An tSeirbhÃ­s shall, in respect of the period specified under subsection (3), prepare final accounts of the dissolved body.
(2) An tSeirbhÃ­s shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the establishment day.
(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.
(4) An tSeirbhÃ­s shall prepare the final annual report for the dissolved body and submit the report to the Minister not later than 5 months after the establishment day.
(5) Section 32 shall apply with the necessary modifications in relation to an annual report prepared under this section.
num: 44
paragraphs: — (1) A scheme prepared under any enactment by the dissolved body that was in force immediately before the establishment day shall continue in force on and after that day.
(2) A scheme under any enactment that was altered by the dissolved body and that was in force immediately before the establishment day, shall continue in force on and after that day as so altered.
(3) For the avoidance of doubt, An tSeirbhÃ­s may amend or revoke a scheme to which this section applies under and in accordance with the enactment under which the scheme was prepared.
num: 45
paragraphs: — In this Part “property vesting day” has the meaning assigned to it by section 47 .
num: 46
paragraphs: — (1) The Minister may designate for employment by an education and training board specified by him or her a person who is a member of the staff of An tSeirbhÃ­s.
(2) The Minister may designate for employment by an education and training board specified by him or her a person who is a fixed-term employee (within the meaning of the Protection of Employees (Fixed-Term Work) Act 2003 ) of An tSeirbhÃ­s.
(3) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, an education and training board shall accept into its employment on the employment transfer day in accordance with this section any person who immediately before that day is a member of the staff of An tSeirbhÃ­s and is designated by the Minister for employment by that education and training board, on such terms and conditions of service relating to remuneration as are not less favourable than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.
(4) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of a person who was—
(a) accepted into the employment of An tSeirbhÃ­s in accordance with section 28 , and
(b) subsequently designated under this section and accepted into the employment of an education and training board,
shall be determined, and the benefit shall be calculated and paid, by the education and training board in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the employment transfer day and, for that purpose, his or her pensionable service with the education and training board shall be aggregated with his or her previous pensionable service (including his or her pensionable service with An tSeirbhÃ­s).
(5) In relation to persons who were accepted into the employment of an education and training board in accordance with this section, previous service with the dissolved body and previous service with An tSeirbhÃ­s shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, the Protection of Employees (Part-Time Work) Act 2001 , the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007.
(6) In this section “employment transfer day” means, in relation to—
(a) an education and training board specified by the Minister, and
(b) a member of the staff of An tSeirbhÃ­s to whom a designation under this section applies as respects that education and training board,
such date as may be specified in writing by the Minister.
num: 47
paragraphs: — (1) The Minister may, from time to time, by order, appoint a day (in this section referred to as a “property vesting day”) for the purposes of this section and different property vesting days may be so appointed in relation to different education and training boards.
(2) An order under this section shall designate such land or other property of An tSeirbhÃ­s and such education and training board as the Minister may determine for the purposes of this section.
(3) On a property vesting day any land designated by the order and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in the education and training board designated by the order for all the estate or interest therein that, immediately before that day, was vested in An tSeirbhÃ­s, but subject to all trusts and equities affecting the land continuing to subsist and being capable of being performed.
(4) On a property vesting day all property (other than land), including choses-in-action, designated by the order that immediately before that day, was vested in An tSeirbhÃ­s shall, without any assignment, stand vested in the education and training board designated by the order.
(5) Every chose-in-action vested in an education and training board by virtue of subsection (4) may, on and after the property vesting day concerned, be sued on, recovered or enforced by the education and training board in its own name, and it shall not be necessary for the education and training board or An tSeirbhÃ­s to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
(6) All functions of An tSeirbhÃ­s connected with any land or other property standing vested in an education and training board by virtue of this section shall, from the property vesting day concerned, be performable by that education and training board in relation to such land or property.
num: 48
paragraphs: — (1) All rights and liabilities of An tSeirbhÃ­s—
(a) subsisting immediately before a property vesting day, and
(b) arising by virtue of any contract or commitment (expressed or implied)—
(i) relating to any land or property designated by the order under section 47 that appointed that day, or
(ii) for the provision of a service that immediately before that day was provided on land so designated,
shall on that day stand transferred to the education and training board designated by that order.
(2) Every right and liability transferred by subsection (1) to an education and training board may, on and after the property vesting day on which the right or liability stood transferred, be sued on, recovered or enforced by or against the education and training board concerned in its own name, and it shall not be necessary for the education and training board or An tSeirbhÃ­s to give notice to the person whose right or liability is transferred by that subsection of its transfer.
(3) Every lease, licence, wayleave or permission granted by An tSeirbhÃ­s in relation to land or other property vested in an education and training board by or under this Act, and in force immediately before the property vesting day concerned, shall continue in force as if granted by that education and training board.
num: 49
paragraphs: — Anything commenced and not completed before a property vesting day by or under the authority of An tSeirbhÃ­s may, in so far as it relates to a function transferred to an education and training board on that day under subsection (6) of section 47 be carried on or completed on or after that day by that education and training board.
num: 50
paragraphs: — The Freedom of Information Act 1997 is amended by—
num: 51
paragraphs: — Section 52 of the Qualifications and Quality Assurance (Education and Training) Act 2012 is amended, in subsection (2), by the insertion of the following paragraph:
“(aa) an education and training board established by section 9 of the Education and Training Boards Act 2013 ;”.