Universities Act, 1997
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Suspension of governing authority. |
21.—(1) Where the Minister, after considering the report of an inquiry by a Visitor made in pursuance of a request under section 20 (1), is of the opinion that the functions of a university or its governing authority are being performed in a manner which constitutes a breach of the laws, statutes or ordinances of or applicable to the university, the Minister shall so inform the chief officer and give to the chief officer a copy of the report of the Visitor. | |
(2) The Minister may, after a period of 14 days commencing on the day on which he or she gave to the chief officer the report of the Visitor and after considering the observations, if any, of the governing authority or the chief officer on the report— | ||
(a) if the Minister is still of the opinion that the functions are being performed in a manner which constitutes a breach of the laws, statutes or ordinances of or applicable to the university; and | ||
(b) is of the opinion that, because of the report, the governing authority should be suspended and the Visitor concurs, | ||
recommend to the Government the suspension of the governing authority and the termination of the membership of its members. | ||
(3) On receiving the recommendation of the Minister the Government may, by order but subject to subsection (8), suspend the governing authority. | ||
(4) Where the Government makes an order under subsection (3), the Visitor to the university shall, following consultation with the Minister and such persons within the university as the Visitor considers appropriate, appoint such person or body of persons as the Visitor thinks fit to perform the functions of the governing authority and that person or body shall perform those functions until the commencement of the first meeting of the governing authority after the appointment of its members in pursuance of subsection (6). | ||
(5) The remuneration, if any, of a person or member of a body appointed under subsection (4) shall be paid out of moneys provided by the Oireachtas. | ||
(6) The Visitor shall, as soon as practicable, but in any case not later than 12 months, after the suspension of a governing authority, following consultation with such persons within the university as the Visitor considers appropriate, determine the composition of the new governing authority and, by notice in writing, inform the Minister of the composition as so determined. | ||
(7) On the Minister being informed as provided in subsection (6), the governing authority shall be so constituted as so determined, in accordance with Chapter II. | ||
(8) Where the Government proposes to make an order under subsection (3), it shall cause a draft of the proposed order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by both Houses. |