Industrial Development Act, 1993
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SECOND SCHEDULE Members and Staff | ||
Chief Executive Officers. | ||
1. (1) Forfás and each Agency shall have a Chief Executive officer. | ||
(2) The Chief Executive Officer of Forfás shall— | ||
(a) be appointed by Forfás with the approval of the Minister, and | ||
(b) hold office on such terms and conditions (including remuneration) as the Minister, with the concurrence of the Minister for Finance, may approve. | ||
(3) The Chief Executive Officer of each Agency shall be appointed by the Board of the Agency and shall hold office on such terms and conditions (including remuneration) as that Board, with the concurrence of the Minister and the Minister for Finance, may approve. | ||
(4) The Chief Executive Officer of Forfás and of each Agency shall, for the duration of that person’s appointment to that body, become an ex-officio member of the Board of that body. | ||
Staff of Forfás. | ||
2. (1) Forfás may, from time to time, appoint such and so many persons to be members of its staff as it thinks proper. | ||
(2) A person accepted into the employment of Forfás under section 21 or appointed to Forfás under this section, may be seconded from time to time by Forfás to serve with either Agency or any other body established under this Act. | ||
(3) Every member of staff so seconded shall continue to be a member of the staff of Forfás but shall, while so seconded, be subject to the directions of the body to which that member is seconded in its day to day operations, subject to such arrangements as may be made between Forfás and that body. | ||
(4) The remuneration and allowances of the members of the staff of Forfás shall be determined from time to time by Forfás, with the consent of the Minister and with the concurrence of the Minister for Finance. | ||
(5) Where a member of staff of Forfás 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 stand seconded from the employment of Forfás and shall not be paid by, or be entitled to receive from, Forfás, any remuneration or allowances in respect of the period commencing on such nomination or election or when that person is so regarded as having been elected, as the case may be, and ending when that person ceases to be a member of either House or such Assembly. | ||
Superannuation. | ||
3. (1) Forfás shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on resignation, retirement or death, to, or in respect of, such members of staff of Forfás (including the Chief Executive Officers appointed under paragraph 1 of this Schedule) as it thinks fit. | ||
(2) Without prejudice to the generality of section 9 (3), it is hereby expressly confirmed that a scheme or schemes of superannuation carried out by the Industrial Development Authority or by Eolas immediately before the establishment day shall, notwithstanding the dissolution of those bodies by this Act, continue in force as if made by Forfás which shall have the like powers and functions under this Act in relation to such schemes as the Industrial Development Authority or Eolas had immediately before such establishment. | ||
(3) Forfás may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme to which this paragraph relates. | ||
Disclosure of documents. | ||
4. (1) Forfás and either Agency shall not, without the consent of the Minister, disclose any document in its custody or under its control, production of which is sought in relation to any legal proceedings. | ||
(2) Where the Minister refuses to consent to the disclosure, Forfás or either Agency shall be entitled to, and shall claim in the proceedings, the like privilege in respect of the document as the Minister would be entitled to claim if it were in the Minister’s own custody. | ||
Disclosure of information. | ||
5. (1) Subject to subparagraph (3), a person shall not disclose any information obtained by that person— | ||
(a) while performing duties as a member of any Board, committee or other body established under this Act or as a member of staff of, or adviser or consultant to, Forfás or either Agency, or | ||
(b) as a member of or as a member of staff of any body consulted in pursuance of the provisions of this Act, while performing duties relating to any such consultation. | ||
(2) A person who contravenes subparagraph (1) shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000. | ||
(3) Nothing in subparagraph (1) shall prevent— | ||
(a) disclosure of information in a report made to Forfás or either Agency (or on behalf of Forfás or either Agency) to the Minister, | ||
(b) disclosure of information by Forfás or either Agency or by a member of Forfás or either Agency or of any committee or other body established under this Act for the purpose of a scheme of research and development or a scheme of acquisition of product and process technology. |