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FIRST SCHEDULE.
An Foras Tionscal.
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Section 4
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Incorporation.
1. The Board shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in their corporate name and to acquire and hold land.
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Appointment and conditions of service.
2. (1) The Board shall consist of three members of whom one shall be Chairman.
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(2) The Chairman and the other members shall be appointed by the Minister with the consent of the Minister for Finance.
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(3) The term of office (which shall not exceed five years) and conditions of service of a member shall be such as the Minister, with the consent of the Minister for Finance, determines at the time of his appointment.
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(4) Each member shall be paid out of funds at the disposal of the Board such remuneration as the Minister, with the consent of the Minister for Finance, determines.
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(5) An outgoing member may be re-appointed.
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(6) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the office of member.
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Procedure.
3. (1) The Board may act by any two of their number and notwithstanding a vacancy in their membership.
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(2) The Board may regulate their own procedure.
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Removal, resignation and disqualification.
4. (1) The Minister, with the consent of the Minister for Finance, may remove a member from office.
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(2) A member may resign his office.
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(3) Where a member of the Board 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 member of the Board.
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(4) 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 a member.
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(5) A member shall be disqualified for holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude.
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(6) A member of the Board shall not be a member of a local authority.
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Non-disclosure of information.
5. A member shall not disclose any information obtained by him in the performance of his functions as to the private affairs of any person or business except in the course of a report to the Minister.
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Disclosure of financial interest.
6. Where a member has any financial interest directly or indirectly in any industrial undertaking, he shall before performing any functions as a member of the Board declare the nature of his interest to the Minister and shall comply with such directions as the Minister may give him in regard to it.
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Common seal.
7. (1) The common seal of the Board shall, when applied to a document, be attested by the signature of two members.
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(2) All courts of justice shall take judicial notice of the common seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the common seal and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.
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Contracts and instruments not under seal.
8. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.
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Officers and servants.
9. (1) The Minister, with the consent of the Minister for Finance, may appoint such officers and servants as he thinks necessary to assist the Board in the performance of their functions.
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(2) The officers and servants so appointed shall hold office on such terms and receive such remuneration as the Minister for Finance determines.
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(3) The Minister, at the request of the Board and with the consent of the Minister for Finance, may appoint technical advisers to the Board and such advisers may be paid out of moneys provided by the Oireachtas such fees or other remuneration as the Minister, with the consent of the Minister for Finance, determines.
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(4) A technical adviser shall not disclose any information obtained by him in performing his duties as such adviser except in the course of a report made by him to the Board. A person who contravenes this provision shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding fifty pounds.
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Accounts and audit.
10. (1) The Board shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received and expended by them, and in particular shall keep all such special accounts as the Minister may from time to time direct.
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(2) The accounts shall be submitted annually by the Board to the Comptroller and Auditor General for audit at such time as the Minister, with the consent of the Minister for Finance, shall direct and the said accounts, when so audited, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
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Annual Report.
11. The Board shall submit in such form as the Minister may direct an annual report of their activities and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
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Returns.
12. The Board shall submit to the Minister such information regarding their activities as he may from time to time require.
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Expenses of members.
13. The Board shall pay to each of their members such travelling, maintenance and incidental expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.
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