S.I. No. 241/1968 - The Medical Bureau of Road Safety (Establishment) Order, 1968.

S.I. No. 241 of 1968.

THE MEDICAL BUREAU OF ROAD SAFETY (ESTABLISHMENT) ORDER, 1968.

The Minister for Local Government, in exercise of the powers conferred on him by sections 37 , 39 and 40 of the Road Traffic Act, 1968 (No. 25 of 1968), and as respects article 28 with the consent of the Minister for Finance hereby orders as follows:

1 Citation.

1. This Order may be cited as the Medical Bureau of Road Safety (Establishment) Order, 1968.

2 Interpretation.

2. In this Order—

"the Act" means the Road Traffic Act, 1968 ;

"Director" means Director of the Bureau;

"the Minister" means the Minister for Local Government.

3 Establishment of Bureau.

3. (1) There shall be established as on and from the date of this Order a body (in Part V of the Act and in this Order referred to as the Bureau) to perform the functions assigned to it by or under the Act.

(2) The Bureau shall be called and known in the Irish language by the title of An Lia-Bhiúró um Shábháilteacht ar Bhóithre and in the English language by the title of the Medical Bureau of Road Safety.

4 Tenure of office.

4. The term of office of a member of the Bureau shall be such period as may be specified by the Minister when appointing him, and he shall hold office for the period for which he is appointed unless he sooner dies, resigns or ceases to be a member in accordance with article 5 of this Order.

5 Cesser of membership of Bureau.

5. A member shall cease to be a member of the Bureau on his being notified in writing by the Minister that his membership of the Bureau has been terminated by the Minister.

6 Chairman.

6. The Minister shall appoint from amongst the members of the Bureau a Chairman, who shall hold office until he ceases to be a member of the Bureau or until the Minister appoints another person to be Chairman.

7 Quorum.

7. The quorum for a meeting of the Bureau shall be two.

8 Meetings.

8. The Bureau shall hold such and so many meetings as may be necessary for the performance of its functions.

9 Invalidation of proceedings of Bureau.

9. The proceedings of the Bureau shall not be invalidated by any vacancy or vacancies among its members.

10 Calling of meetings.

10. (1) The Chairman may, at any time, call a meeting of the Bureau.

(2) If the Chairman refuses or fails to call a meeting of the Bureau within seven days after a requisition for that purpose, signed by two members of the Bureau, has been presented to him, any two members of the Bureau other than the Chairman may thereupon call a meeting of the Bureau.

11 Chairman of meetings.

11. At a meeting of the Bureau—

(a) the Chairman shall, if he is present, be chairman of the meeting;

(b) if and so long as the Chairman is not present, the members of the Bureau who are present shall choose one of their number to be chairman of the meeting.

12 Minutes of meetings.

12. Minutes of the proceedings of each meeting of the Bureau shall be entered in a book kept for that purpose and shall be signed by the chairman of the meeting or of the next meeting.

13 Matters to be recorded in minutes.

13. (1) The names of the members present at a meeting of the Bureau shall be recorded in the minutes of the proceedings of the Bureau.

(2) The names of the members voting on any question arising at a meeting of the Bureau shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members vote for and which against the question.

14 Remuneration and expenses of members of Bureau.

14. A member of the Bureau may be paid, out of funds at the disposal of the Bureau—

(a) such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for Finance, and

(b) such amounts in respect of expenses as the Minister, with the consent of the Minister for Finance, from time to time approves.

15 Decisions of Bureau.

15. (1) Any act of the Bureau and any question coming or arising before the Bureau may be done and decided by the majority of such members of the Bureau as are present and vote on such act or question at a meeting of the Bureau.

(2) In case of equality of votes on any question arising at a meeting of the Bureau, the chairman of the meeting shall have a second or casting vote.

16 Seal of the Bureau.

16. (1) The Bureau shall provide itself with a seal.

(2) The seal of the Bureau shall be authenticated by the signature of the Chairman (or some other member of the Bureau duly authorised by the Bureau to act in that behalf) and by the signature of the Director, a person appointed to act as his deputy under subsection (5) of section 39 of the Act, or of an officer of the Bureau duly authorised by the Bureau to act in that behalf.

17 Accounts, etc.

17. (1) The Bureau shall cause to be kept proper accounts of all income and expenditure in each financial year of the Bureau, and of the sources of such income and the subject-matter of such expenditure and of the property, credits and liabilities of the Bureau.

(2) The financial year of the Bureau shall be the period of twelve months ending on the 31st day of March in each year, and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st March, 1969, shall be deemed to be a financial year.

(3) An abstract of accounts of the Bureau, in a form approved by the Minister, for each financial year, shall, as soon as may be after the end of such financial year, be prepared and shall be audited by and be subject to a report by an auditor appointed for the purpose by the Minister after consultation with the Bureau.

(4) The expenses generally of such audit shall be paid by the Bureau as soon as may be after each audit.

(5) A copy of the accounts and the auditor's certificate and report thereon shall be presented to the members of the Bureau and to the Minister.

(6) The Bureau and the officers thereof, shall, whenever so requested by the Minister, permit any person appointed in writing by him to examine the books and accounts of the Bureau in respect of any financial year or other period and shall facilitate any such examination and the Bureau shall pay such fee for such examination as may be fixed by the Minister.

18 Annual report and submission of information.

18. (1) The Bureau shall, in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year.

(2) The Bureau shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time require.

19 Acceptance of gifts.

19. The Bureau may accept gifts of money, land and other property upon such trusts and conditions, if any, consistent with the functions of the Bureau, as may be specified by the donor.

20 Research on behalf of another body.

20. The Bureau may, with the consent of the Minister and in consideration of the payment to the Bureau of fees at such rates as may, from time to time, be determined by the Bureau with the consent of the Minister, carry out analysis and research on behalf of another person or body.

21 Appointment of Director.

21. The Minister shall, from time to time, appoint a Director who shall perform the functions and carry out the duties specified in section 39 of the Act.

22 Remuneration and expenses of Director

22. The Director shall be paid, out of funds at the disposal of the Bureau—

(a) such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for Finance, and

(b) such amounts in respect of expenses as the Minister, with the consent of the Minister for Finance, from time to time approves.

23 Tenure of office of Director.

23. (1) The Director shall hold office for such period as may be specified by the Minister when appointing him, unless he sooner dies, resigns by letter addressed to the Minister or ceases to hold office in accordance with article 24 of this Order.

(2) The provisions of article 28 of this Order shall not apply to the office of the Director.

24 Cesser of office by Director.

24. The Minister may at any time for reasons which to him appear good and sufficient terminate the appointment of the Director by notifying him in writing of such termination.

25 Deputy to Director

25. (1) The appointment by the Director under subsection (5) of section 39 of the Act of a person to act as his deputy shall be made in writing.

(2) The Director may at any time by writing revoke the appointment under subsection (5) of section 39 of the Act of a person to act as his deputy.

(3) A person appointed to act as deputy to the Director may resign his appointment as such deputy by letter addressed to the Director.

26 Notice of appointment.

26. (1) Notice of an appointment of a Director or of the appointment of a person to act as a deputy to the Director shall be published in "Iris Oifigiúil" as soon as may be after such appointment is made.

(2) In the case of an appointment of a Director the notice shall be published by the Minister, and in the case of an appointment of a person to act as a deputy to the Director, by the Director.

27 Agreement with another person or body.

27. The Bureau may, with the consent of the Minister, make an arrangement with a person or body for the use by the Bureau of premises and equipment belonging to that person or body and for the use of the services of officers and servants of that person or body.

28 Appointment of officers and employment of servants.

28. (1) With the approval of the Minister and subject to the consent of the Minister for Finance the Bureau may appoint such and so many officers and employ such and so many servants as the Bureau, from time to time, considers proper and the Bureau shall comply with any directions given by the Minister relating to the procedure to be followed in making any such appointment.

(2) Every officer of the Bureau holding office in a permanent capacity shall cease to hold his office on attaining the age of sixty-five years.

(3) With the approval of the Minister and subject to the consent of the Minister for Finance the Bureau shall determine the remuneration and other conditions of service of officers of the Bureau.

(4) The Director shall, from time to time, assign such duties as he considers appropriate to each officer and servant of the Bureau and each such officer and servant shall perform the duties so assigned to him.

GIVEN under the Official Seal of the Minister for Local Government this

27th day of November. One Thousand Nine Hundred and Sixty-Eight.

CAOIMHGHÍN Ó BEOLÁIN,

Aire Rialtais Áitiúil,

The Minister for Finance hereby consents to article 28 of the foregoing Order.

Dated this 27th day of November, One Thousand Nine Hundred and

Sixty-Eight.

SEÁN Ó LOINSIGH,

Aire Airgeadais (Gníomhach).

EXPLANATORY NOTE.

This Order provides for the establishment of a Bureau under Part V of the Road Traffic Act, 1968 (No. 25 of 1968), to be known in the Irish language by the title of An Lia-Bhiúrá um Shábháilteacht ar Bhóithre and in the English language by the title of the Medical Bureau of Road Safety.

The Order provides for the constitution of the Bureau and for the terms of office of the Chairman, Director and other members of the Bureau and for all matters relating to the discharge of its functions by the Bureau.

The principal function of the Bureau will be to determine the concentration of alcohol in the blood or urine of persons suspected of certain driving offences under the Road Traffic Acts, 1961 and 1968.