Industrial Development Act, 1993

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FIRST SCHEDULE

Forfás and the Agencies

Section 5 .

Incorporation.

1. (1) Forfás and each Agency shall be a body corporate with the power to sue and be sued in its own name.

(2) Forfás shall have the power to acquire, hold and dispose of land and other property.

Membership.

2. (1) The members of Forfás and of each Agency shall constitute the Board of that body.

(2) The Board of Forfás and each Agency shall each consist of not more than 12 members.

(3) The Board of Forfás shall include its Chief Executive Officer and the Chief Executive Officer of each Agency.

(4) The Board of each Agency shall include its Chief Executive Officer.

(5) Subject to paragraph 1 (4) of the Second Schedule , the members of the Boards shall be appointed by the Minister with the consent of the Minister for Finance.

(6) One member of each Board shall be designated as Chairperson by the Minister and two other members may be designated as Deputy Chairperson.

(7) The Chairperson and other members of Forfás and of each Agency shall hold office on such terms and conditions (including remuneration) as the Minister, with the consent of the Minister for Finance, shall determine.

(8) Each Board may act by any three of its members.

(9) Each Board may regulate its own procedure.

(10) Board members shall not be members of a local authority within the meaning of the Local Government Act, 1941 .

Period of office of members.

3. (1) On every anniversary of the date of commencement of this Act, one-fifth of the members of each Board or, if their number is not two, then the number nearest to one-fifth shall retire from office.

(2) The members to retire each year shall be those who have been longest in office since their previous appointment but, as between persons who first became members on the same day, those to retire shall (unless they otherwise agree amongst themselves) be determined by lot.

(3) A retiring member shall be eligible for reappointment.

Conditions of office.

4. (1) The Minister may, with the consent of the Minister for Finance, remove a Board member from office.

(2) A member may resign office by notice in writing to the Minister and the resignation shall take effect on the date on which the Minister receives the notice.

(3) Where a member has any financial interest, directly or indirectly, in any industrial, commercial or service undertaking, that person shall, before exercising any functions as a member, declare the nature of such interest to the Board and shall comply with such directions as may be given by the Board in regard to it.

(4) A member shall be disqualified from holding and shall cease to hold office if that member is adjudged bankrupt, or makes a composition or arrangement with creditors, or is convicted of any indictable offence in relation to a company, or is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or is the subject of an order under section 160 of the Companies Act, 1990 .

(5) Where a member is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

that person shall thereupon cease to be a member of that Board.

(6) The conditions of office applicable to Board members and set out in subparagraphs (3) and (4) shall also apply to members of committees or other bodies constituted under this Act.

The seals.

5. (1) Forfás and each Agency shall provide itself with a seal.

(2) The seal of Forfás or either Agency shall, when applied to a document, be attested to by the signature of two members or by the signature of a member and a member of staff of the relevant body authorised by it to act in that behalf or by the signature of two members of staff of the relevant body so authorised.

Contracts and instruments.

6. (1) All courts of justice shall take judicial note of the seals of Forfás and the Agencies and every document purporting to be an instrument made by Forfás or either Agency and to be sealed with its seal and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and deemed to be that instrument without further proof.

(2) 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 Forfás or either Agency by any person generally or specially authorised by Forfás or either Agency for that purpose.

Annual report and accounts.

7. (1) Forfás and each Agency shall submit, in such form as the Minister may direct, an annual report of its activities after the end of the financial year to which it refers and the Minister shall cause copies of the reports to be laid before each House of the Oireachtas not later than six months after the end of that financial year. Every such annual report shall specifically comment on both job creation and job losses.

(2) Forfás and each Agency 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 money received and expended by it and, in particular, shall keep in such form as aforesaid all special accounts as the Minister may from time to time direct.

(3) The accounts of Forfás and of each Agency shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, shall direct and 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.

Information.

8. (1) Forfás and each Agency shall supply the Minister with such information regarding its activities as the Minister may from time to time require.

(2) Each Agency and any committee or other body established under this Act shall provide Forfás with such information as it may require for the purposes of its functions.