INDUSTRIAL TRAINING ACT, 1967

FIRST SCHEDULE An Chomhairle

An Chomhairle

Section 8.

1. An Chomhairle shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

2. An Chomhairle shall consist of a chairman and thirteen ordinary members.

3. The chairman of An Chomhairle may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

4. The Minister may at any time remove the chairman of An Chomhairle from office.

5. Where the chairman of An Chomhairle becomes a member of either House of the Oireachtas, he shall upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be chairman of An Chomhairle.

6. A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being the chairman of An Chomhairle.

7. The chairman of An Chomhairle shall be appointed by the Minister either—

(a) in a whole-time capacity and subject to a condition that the chairman act as the Chief Officer, or

(b) in a part-time capacity,

and subject to the foregoing, to section 10 of this Act and to article 8 of this Schedule shall hold his office on such terms and conditions as the Minister determines.

8. The chairman of An Chomhairle shall be paid, out of moneys at the disposal of An Chomhairle, such remuneration and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

9. Of the ordinary members of An Chomhairle, five shall be workers' members, five shall be employers' members, one shall be an educational member and two shall be representatives of the Minister.

10. The Minister shall invite an organisation representative of trade unions of workers to nominate five persons for appointment as the workers' members of An Chomhairle and the Minister shall appoint the persons so nominated to be the workers' members of An Chomhairle.

11. The Minister shall invite an organisation or organisations representative of employers to nominate persons for appointment as employers' members of An Chomhairle and the Minister shall appoint five of the persons so nominated to be the employers' members of An Chomhairle.

12. The Minister shall, after consultation with the Minister for Education, appoint a person whom he considers to be representative of educational interests to be the educational member of An Chomhairle.

13. Each ordinary member of An Chomhairle shall be a part-time member of An Chomhairle and subject to the provisions of this Schedule shall hold office on such terms and conditions as the Minister may determine.

14. An ordinary member of An Chomhairle whose term of office expires by effluxion of time shall be eligible for re-appointment.

15. The Minister may at any time remove an ordinary member of An Chomhairle from office.

16. An ordinary member of An Chomhairle may resign his office as a member by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

17. A member of An Chomhairle shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

18. Each ordinary member of An Chomhairle shall be paid, out of moneys at the disposal of An Chomhairle, such expenses as the Minister, with the consent of the Minister for Finance, may sanction.

19. Where a casual vacancy occurs among the workers' members of An Chomhairle, the Minister shall forthwith invite an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy and the Minister shall appoint the person so nominated to fill the vacancy.

20. Where a casual vacancy occurs among the employers' members of An Chomhairle, the Minister shall forthwith invite an organisation or organisations representative of employers to nominate persons for appointment to fill the vacancy and the Minister shall appoint a person from among the persons so nominated to fill the vacancy.

21. Where the educational member of An Chomhairle ceases to hold office, the Minister shall as soon as possible after consultation with the Minister for Education, appoint a person whom he considers to be representative of educational interests to fill the vacancy.

22. Where a member of An Chomhairle who is representative of the Minister ceases to hold office, the Minister shall as soon as possible appoint a person whom he considers suitable to fill the vacancy.

23. An Chomhairle shall hold such and so many meetings as may be necessary for the performance of its functions.

24. The Minister may fix the date, time and place of the first meeting of An Chomhairle.

25. The quorum for a meeting of An Chomhairle shall be seven members.

26. At a meeting of An Chomhairle—

(a) the chairman of An Chomhairle shall, if present, be the chairman of the meeting,

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

27. The chairman of An Chomhairle and each ordinary member of An Chomhairle at a meeting thereof shall have a vote.

28. Every question at a meeting of An Chomhairle 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 meeting shall have a second or casting vote.

29. An Chomhairle may act notwithstanding one or more than one vacancy among its members.

30. Subject to the provisions of this Schedule, An Chomhairle shall regulate, by standing orders or otherwise, the procedure and business of An Chomhairle.

31. An Chomhairle shall, as soon as may be after its establishment, provide itself with a seal.

32. The seal of An Chomhairle shall be authenticated by the signature of the chairman of An Chomhairle or some other member thereof authorised by An Chomhairle to act in that behalf and the signature of an officer of An Chomhairle authorised by An Chomhairle to act in that behalf.

33. Judicial notice shall be taken of the seal of An Chomhairle and every document purporting to be an instrument made by An Chomhairle and to be sealed with the seal (purporting to be authenticated in accordance with Article 32 of this Schedule) of An Chomhairle shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

SECOND SCHEDULE Industrial Training Committees

Industrial Training Committees

Section 24.

1. A member of an industrial training committee whose term of office expires by effluxion of time shall be eligible for re-appointment.

2. A member of an industrial training committee may be removed from office by An Chomhairle.

3. Any member of an industrial training committee may resign his office by a letter addressed to An Chomhairle and the resignation shall have effect as on and from the date of the receipt of the letter by An Chomhairle.

4. A member of an industrial training committee shall be disqualified from holding office and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

5. Subject to subsection (5) of section 24 of this Act, the chairman of an industrial training committee shall be paid out of moneys at the disposal of An Chomhairle such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, determines, and in the absence of the chairman from a meeting of the committee, the fee that would be payable to him may, if An Chomhairle thinks fit, be paid to the person who acts as chairman of the meeting.

6. Subject to subsection (5) of section 24 of this Act, each member of an industrial training committee shall be paid, out of moneys at the disposal of An Chomhairle, such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

7. Where a casual vacancy occurs among the workers' members of an industrial training committee, An Chomhairle shall, after consultation with the Minister, invite an organisation representative of trade unions of workers to nominate a person for appointment to fill the vacancy, and An Chomhairle shall, when the person is so nominated, appoint the person to fill the vacancy.

8. Where a casual vacancy occurs among the employers' members of an industrial training committee, An Chomhairle shall, after consultation with the Minister, invite an organisation or organisations representative of employers to nominate persons for appointment to fill the vacancy and An Chomhairle shall, when persons have been so nominated, appoint a person from among the persons so nominated to fill the vacancy.

9. Where a casual vacancy occurs among the educational members of an industrial training committee, An Chomhairle shall, after consultation with the Minister for Education, appoint a person to fill the vacancy.

10. Where a casual vacancy occurs among the ordinary members of an industrial training committee who are not workers' members, employers' members or educational members An Chomhairle shall, after consultation with such organisations as it considers suitable, appoint a person to fill the vacancy.

11. A person appointed to membership of an industrial training committee under Article 7, 8, 9 or 10 of this Schedule shall hold office for the remainder of his predecessor's term.

12. At a meeting of an industrial training committee—

(i) the chairman shall, if present, be chairman of the meeting,

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

13. Subject to the provisions of the relevant order under section 24 of this Act and the provisions of this Schedule, an industrial training committee shall regulate, by standing orders or otherwise, the procedure and business of the committee.