Institute For Advanced Studies (School of Theoretical Physics) Establishment Order, 1940.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short title.
num: 2
paragraphs: Definitions.
num: 3
paragraphs: Establishment of the School.
num: 4
paragraphs: Functions and duties of the School.
num: 5
paragraphs: The Governing Board.
num: 6
paragraphs: The membership of the Governing Board.
num: 7
paragraphs: Tenure of office of certain members of the Governing Board.
num: 8
paragraphs: Casual vacancies in the Governing Board.
num: 9
paragraphs: Resignation of members of the Governing Board.
num: 10
paragraphs: Removal of members of the Governing Board.
num: 11
paragraphs: Appointment and removal of Senior Professors.
num: 12
paragraphs: Tenure of office, etc., of Senior Professors.
num: 13
paragraphs: Meetings and procedure of the Governing Board.
num: 14
paragraphs: The Director of the School.
num: 15
paragraphs: Appointment and removal of members of the academic staff.
num: 16
paragraphs: Admission and dismissal of students.
num: 17
paragraphs: Delivery of lectures.
num: 18
paragraphs: Scholarships.
num: 19
paragraphs: Studentships.
num: 20
paragraphs: Annual report by the Governing Board.
STATUTORY RULES AND ORDERS.
num: 1940
paragraphs: No. 309.
INSTITUTE FOR ADVANCED STUDIES (SCHOOL OF THEORETICAL PHYSICS) ESTABLISHMENT ORDER, 1940.
WHEREAS it is enacted by sub-section (1) of section 4 of the Institute for Advanced Studies Act, 1940 (No. 13 of 1940), that, as soon as conveniently may be after the passing of that Act, the Government shall establish a Constituent School of the Dublin Institute for Advanced Studies to be known as Scoil na Fisice TeoiriciÃºla or (in English) the School of Theoretical Physics:
AND WHEREAS it is enacted by sub-section (1) of section 6 of the said Act that every Constituent School of the said Institute shall be established by means of an Order (in the said Act referred to as an establishment order) made by the Government and complying with the provisions of the said Act applicable thereto:
NOW, the Government, in exercise of the powers conferred on them by the Institute for Advanced Studies Act, 1940 (No. 13 of 1940), and of every and any other power them in this behalf enabling, do hereby order as follows:—
1 Short title.
num: 1
paragraphs: This Order may be cited as the Institute for Advanced Studies (School of Theoretical Physics) Establishment Order, 1940.
2 Definitions.
num: 2
paragraphs: In this Order—
the expression " the Minister " means the Minister for Education,
the expression " the Act " means the Institute for Advanced Studies Act, 1940 (No. 13 of 1940),
the expression " the School " means the School of Theoretical Physics established by this Order,
the expression " the Governing Board " means the Governing Board of the School,
the expression " Senior Professor " means a Senior Professor of the School.
3 Establishment of the School.
num: 3
paragraphs: There is hereby established a Constituent School of the Dublin Institute for Advanced Studies which shall be known as Scoil na Fisice TeoiriciÃºla or (in English) the School of Theoretical Physics.
4 Functions and duties of the School.
num: 4
paragraphs: The functions and duties of the School shall be—
(a) the investigation of the mathematical principles of natural philosophy and the application of those principles to the physical and chemical group of sciences and to geophysics and cosmology ;
(b) the training of advanced students in methods of original research in the said group of sciences and in geophysics and cosmology;
(c) the provision of facilities for advanced study and research in theoretical physics for university professors and lecturers on leave of absence from their academic duties ;
(d) the organisation of seminars, conferences, and lectures on topics related to theoretical physics which lie on the frontiers of knowledge ;
(e) the preparation and the recommendation to the Council of the Institute for publication of descriptions of recent accessions to knowledge in the sphere of theoretical physics and in particular descriptions of such accessions resulting from the scientific activities of the School ;
(f) the commissioning of competent scholars, whether associated or not associated with the Institute, to undertake, either with or without remuneration, the writing or the editing of works dealing with theoretical physics ;
(g) such other functions and duties in relation to theoretical physics as may from time to time be decided on by the Governing Board.
5 The Governing Board.
num: 5
paragraphs: —(1) The School shall be under the control and management of the Governing Board of the School.
(2) The Governing Board shall have power to direct and control the work of the School and to frame and carry out or provide for the carrying out of schemes of study and research, and to do such other things as may be necessary for the efficient conduct and working of the School in accordance with the Act and this Order.
6 The membership of the Governing Board.
num: 6
paragraphs: —(1) The Governing Board shall consist of the following members, that is to say:—
(a) a chairman,
(b) the Senior Professors,
(c) such number of persons (in this Order referred to as appointed members) as the President, on the advice of the Government, shall from time to time, subject to the provisions of this Article, think proper.
(2) The chairman and the appointed members of the Governing Board shall be appointed by the President on the advice of the Government.
(3) The first appointment of the chairman and of the appointed members of the Governing Board shall be made as soon as conveniently may be after the date of this Order and subsequent appointments of the chairman and of the appointed members shall normally be made at quinquennial intervals, but without prejudice to the power of the President, on the advice of the Government, to make an appointment of an appointed member at any other time.
(4) Every quinquennial appointment of the chairman and of the appointed members of the Governing Board shall, in the case of the first such appointment, be made not later than the 31st day of March, 1945, and, in the case of every subsequent such appointment, not later than the relevant quinquennial anniversary of that date.
(5) The number of members of the Governing Board shall never be less than five nor more than twelve, and the number of appointed members shall never be less than the number of Senior Professors.
7 Tenure of office of certain members of the Governing Board.
num: 7
paragraphs: —(1) The chairman and every appointed member of the Governing Board appointed at the first appointment after the making of this Order shall, unless he sooner dies, resigns, or is removed, hold office from the date of his appointment until the 31st day of March, 1945, and shall be eligible for reappointment.
(2) Every chairman and every appointed member of the Governing Board appointed at a quinquennial appointment shall, unless he sooner dies, resigns, or is removed, hold office from the 1st day of April next after the date of his appointment until the next following quinquennial anniversary of the said 31st day of March, 1945, and shall be eligible for reappointment.
(3) Every appointed member appointed otherwise than at the first or a quinquennial appointment shall, unless he sooner dies, resigns, or is removed, hold office until (as the case may require) the 31st day of March, 1945, or the expiration of the quinquennial period during which he was appointed, and shall be eligible for reappointment.
8 Casual vacancies in the office of chairman of the Governing Board.
num: 8
paragraphs: —(1) Whenever the chairman of the Governing Board dies, resigns, or is removed, a person shall be appointed by the President, on the advice of the Government, to fill the casual vacancy so occasioned in the office of chairman, and the person so appointed shall, unless he sooner dies, resigns, or is removed, hold office for the remainder of the period for which the chairman so dying, resigning, or being removed (as the case may be) would have held office if he had not died, resigned, or been removed and shall then retire, but shall be eligible for re-appointment.
(2) Whenever an appointed member is appointed under the next preceding paragraph of this Article to be the chairman, he shall be deemed to have resigned his office as such appointed member.
9 Resignation of members of the Governing Board.
num: 9
paragraphs: —(1) A member of the Governing Board who is not a Senior Professor may at any time resign his office as such member by letter sent to the Taoiseach for submission to the President.
(2) A member of the Governing Board who resigns under this Article shall send to the Governing Board a copy of his letter of resignation, and his resignation shall take effect as from the date of the receipt by the Registrar from the Taoiseach of a notification that such resignation had been accepted.
(3) A member of the Governing Board who has resigned under this article may, at any time before such resignation takes effect under the next preceding paragraph of this Article, withdraw such resignation in the like manner as such resignation was made, including the sending of a copy of such withdrawal to the Governing Board.
10 Removal of members of the Governing Board.
num: 10
paragraphs: —(1) The President, on the advice of the Government, may at any time remove any member of the Governing Board who is not a Senior Professor.
(2) Where the chairman of the Governing Board is a Senior Professor, he may be removed under this Article from the office of chairman without prejudice to his retention of office as a Senior Professor.
(3) Every Senior Professor shall cease to be a member of the Governing Board on his ceasing to be a Senior Professor, but shall be eligible at any time thereafter for appointment as an appointed member of the Governing Board.
11 Appointment and removal of Senior Professors.
num: 11
paragraphs: —(1) The Senior Professors shall be appointed and removed by the President on the advice of the Government.
(2) The Governing Board may at any time submit to the Minister a proposal for the appointment of a named person to be a Senior Professor or for the removal from office of a particular Senior Professor.
(3) Every proposal submitted under the next preceding paragraph of this Article by the Governing Board to the Minister shall be brought before the Government by the Minister and shall be considered by the Government.
(4) No Senior Professor shall be removed from his office in contravention of the terms on which he was appointed thereto.
12 Tenure of office, etc., of Senior Professors.
num: 12
paragraphs: —(1) The numbers, salaries, tenure of office, and other conditions of service of the Senior Professors shall be such as the Government, on the recommendation of the Minister with the concurrence of the Minister for Finance, shall from time to time determine either generally or in respect of any particular Senior Professor.
(2) The salary, tenure of office, and conditions of service at and on which a Senior Professor is appointed shall not be altered without his consent during his term of office.
(3) A Senior Professor may resign his office by letter sent to the Taoiseach for submission to the President, and his resignation shall take effect as from the date of the receipt by the Registrar of a notification from the Taoiseach that his resignation has been accepted.
13 Meetings and procedure of the Governing Board.
num: 13
paragraphs: —(1) The Governing Board shall hold such and so many meetings and at such times as may be necessary for the proper performance of its functions and duties.
(2) Every question at a meeting of the Governing Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes, the chairman of the Governing Board or, if he is not present, the chairman of such meeting shall have a second or casting vote.
(3) The quorum for a meeting of the Governing Board shall be the least whole number which is not less than half the membership of the Governing Board.
(4) The Governing Board may act notwithstanding one or more vacancies in its membership.
(5) Subject to the provisions of this Order, the Governing Board may regulate by standing orders or otherwise the times of and mode of summoning its meetings and the procedure to be observed and the business to be transacted at its meetings.
14 The Director of the School.
num: 14
paragraphs: —(1) The Governing Board shall from time to time as occasion requires appoint one of the Senior Professors to be Director of the School.
(2) The Director of the School shall have all such powers and duties as shall be from time to time conferred or imposed on him by the Governing Board or by the regulations of the Institute, and, in particular, he shall have power to draw up and submit for the approval of the Governing Board schemes of work to be done in the School by the Senior Professors and academic staff thereof, and, if the Governing Board approves of any such scheme, to supervise the execution thereof.
(3) The Governing Board may at any time remove the Director of the School from his office as such Director without prejudice to his retaining his office as a Senior Professor.
(4) The Director of the School may at any time resign his office as such Director without resigning his office as a Senior Professor.
(5) If the Director of the School ceases to be a Senior Professor he shall cease to be Director of the School.
(6) Every Senior Professor appointed to be the Director of the School shall, unless he sooner dies, resigns or is removed from that office, or ceases to be a Senior Professor, hold office as such Director for three years from the date of his appointment, but shall in every case be eligible for reappointment.
15 Appointment and removal of members of the academic staff.
num: 15
paragraphs: —(1) The following provisions shall have effect in relation to the professors, visiting professors, assistants, research workers, and other members of the academic staff of the School, that is to say:—
(a) the numbers, remuneration, tenure, and conditions of employment of the members of the academic staff of the School shall be such as shall from time to time be determined by the Governing Board with the approval of the Minister and the concurrence of the Minister for Finance;
(b) whenever the Governing Board propose that a particular person should be appointed to a position on the academic staff of the School, they shall inform the Minister of such proposal and of the name and other relevant particulars of the said person;
(c) if the Minister approves of such proposal, the Governing Board may request the Council of the Institute to appoint the said person in accordance with such proposal;
(d) whenever the Governing Board propose that a pensionable, whole-time member of the academic staff of the School should be removed from his office, they shall inform the Minister of such proposal and of the reasons therefor;
(e) if the Minister approves of such proposal, the Governing Board may request the Council of the Institute to remove the said member in accordance with such proposal;
(f) the Governing Board may request the Council of the Institute to remove from office any temporary or part-time member of the academic staff of the School and the Council shall, if so requested, remove such member from his office;
(g) the Governing Board shall not themselves appoint any member of the academic staff of the School or remove from office any such member.
(2) In this Article, the expression " the academic staff of the School " does not include a Senior Professor.
16 Admission and dismissal of students.
num: 16
paragraphs: The Governing Board may, subject to such conditions as they think fit to impose, admit any student to study or carry on research in the School and may, at any time, if they so think proper, dismiss any such student from the School.
17 Delivery of lectures.
num: 17
paragraphs: —(1) It shall be the duty of the Governing Board to organise the delivery from time to time of public lectures on one or more of the matters which are for the time being the subject of study or research in or under the authority of the School.
(2) It shall be the duty of the Governing Board to cause communications to be sent by the Registrar of the School to the Registrar of University College, Dublin, and to the Registrar of Trinity College, Dublin, inviting the concurrence of the authorities of those Colleges in the delivery in alternate years in University College, Dublin, and Trinity College, Dublin, of one or more public lectures on subjects or branches of knowledge in respect of which study or research is being carried on in or under the authority of the School, and, in the event of such concurrence being obtained, it shall be the duty of the Director of the School to take such steps as may be requisite on his part for the delivery of such public lectures accordingly.
18 Scholarships.
num: 18
paragraphs: —(1) Where a scholarship is provided by the Council of the Institute under section 22 of the Act to be held in the School, it shall be the duty of the Governing Board (with the approval of the Council) to make and publish regulations prescribing the terms for the award of such scholarship, and the conditions for the tenure thereof in the School, and to provide, in accordance with such regulations, for the selection of a person to whom such scholarship shall be awarded.
(2) Every scholarship awarded to a person under this Article shall be held by such person in the School in accordance with the regulations prescribing the conditions for the tenure thereof in the School, and if, during his tenure thereof, such person in any way contravenes such regulations, the Governing Board may notify such contravention to the Council of the Institute and the Council may in their discretion, discontinue the award of such scholarship to such person.
19 Studentships.
num: 19
paragraphs: —(1) The Governing Board may, with the approval of the Council, provide for the grant of a studentship to be held either in or outside the State to any student of the School whose work reaches, in the opinion of the Governing Board, a sufficiently high standard and who otherwise complies with the terms fixed by the Governing Board for the grant of the studentship.
(2) Whenever the Governing Board make provision under this Article for the grant of a studentship, they shall specify the terms for the grant of the studentship and the conditions governing the tenure thereof, and in particular shall state the country or countries in which the studentship shall be held, and the purpose which it is desired to effect by the grant thereof.
(3) If any student to whom a studentship is granted under this Article contravenes in any way the conditions specified by the Governing Board for the tenure thereof, the Governing Board may, in their discretion, discontinue the award of the studentship to that student.
20 Annual report by the Governing Board.
num: 20
paragraphs: The Governing Board shall, on or before every 31st day of December, submit to the Council of the Institute a report of the work of the School for the financial year ending on the next preceding 31st day of March.
Given under the Official Seal of the Government, this 18th day of October, 1940.
EAMON DE VALERA,
Taoiseach.