Qualifications and Quality Assurance (Education and Training) Act 2012
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SCHEDULE 1 Qualifications and Quality Assurance Authority of Ireland | ||
Section 8 . | ||
1. (1) The Authority shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property. | ||
(2) The seal of the Authority shall be authenticated by— | ||
(a) the signatures of 2 members of the Authority, or | ||
(b) the signatures of a member of the Authority and a member of the staff of the Authority, | ||
authorised by the Authority to act in that behalf. | ||
(3) Judicial notice shall be taken of the seal of the Authority and any document purporting to be an instrument made by, and sealed with the seal of, the Authority shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof. | ||
2. (1) The Authority shall consist of 10 members including the chief executive. | ||
(2) The members of the Authority, other than the chief executive, shall be appointed by the Minister. | ||
(3) The Minister shall, in appointing the members of the Authority, ensure that the members are persons who have experience of, and expertise in relation to, the functions of the Authority, and shall include among those members— | ||
(a) at least one person who has international experience related to those functions, and | ||
(b) at least 2 people who are representatives of learners, one of whom shall be a person nominated by the body known as the Union of Students in Ireland. | ||
(4) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Authority there is an equitable balance between men and women. | ||
(5) The Minister shall appoint a chairperson of the Authority from among the members of the Authority, other than the chief executive. | ||
(6) A member of the Authority, other than the chief executive, shall hold office for such period as the Minister determines, but the period shall not exceed 5 years from the date of the member’s appointment. | ||
(7) Subject to subparagraph (8), a member of the Authority whose term of office expires under subparagraph (6) is eligible for reappointment to the Authority. | ||
(8) A person who is reappointed to the Authority in accordance with subparagraph (7) shall not hold office for periods the aggregate of which exceeds 10 years. | ||
(9) Each member of the Authority, other than the chief executive, shall act on a part time basis. | ||
3. (1) A member of the Authority, other than the chief executive, holds office upon such terms and conditions (including terms and conditions relating to remuneration, allowances or expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform. | ||
(2) A member of the Authority, other than the chief executive, shall be paid by the Authority such allowances or expenses as the Minister determines, with the approval of the Minister for Public Expenditure and Reform. | ||
4. (1) A member of the Authority, other than the chief executive, may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice. | ||
(2) Where the chairperson of the Authority resigns as chairperson he or she shall at the same time cease to be a member of the Authority. | ||
(3) The Minister may at any time remove from office a member of the Authority if, in the opinion of the Minister— | ||
(a) the member has become incapable through ill-health of performing his or her functions, | ||
(b) the member has committed stated misbehaviour, or | ||
(c) the removal of the member appears to the Minister to be necessary for the effective performance by the Authority of its functions. | ||
(4) A member of the Authority shall cease to be qualified for office and shall cease to hold office if he or she— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) is convicted of any indictable offence in relation to a company, | ||
(e) is convicted of an offence involving fraud or dishonesty, | ||
(f) is the subject of an order under section 160 of the Companies Act 1990 , or | ||
(g) is removed from office pursuant to paragraph 10(6). | ||
5. (1) If a member of the Authority, other than the chief executive, dies, resigns, ceases to be qualified for or ceases to hold office or is removed from office for any reason, the Minister may appoint a person to be a member of the Authority to fill the casual vacancy so occasioned. | ||
(2) A person appointed to be a member of the Authority pursuant to subparagraph (1)— | ||
(a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and | ||
(b) is eligible for reappointment as a member of the Authority on the expiry of that term of office. | ||
6. (1) The Authority shall hold at least 4 meetings in any 12 month period and such and so many additional meetings as may be necessary, as determined by the chairperson, for the due fulfilment of its functions. | ||
(2) The Minister shall fix the date, time and place of the first meeting of the Authority. | ||
(3) The chairperson shall convene a meeting of the Authority when requested to do so by not less than the number of members which constitute a quorum. | ||
(4) The quorum for a meeting of the Authority shall, unless the Minister otherwise directs, be 5. | ||
(5) At a meeting of the Authority— | ||
(a) the chairperson of the Authority shall, if present, be the chairperson of the meeting, or | ||
(b) if and so long as the chairperson of the Authority is not present or if that office is vacant, the other members of the Authority who are present shall choose one of their number to be chairperson of the meeting. | ||
(6) Every question at a meeting of the Authority shall be determined by a majority of the votes of the members of the Authority present and voting on the question, and, in the case of an equal division of votes, the chairperson shall have a second or casting vote. | ||
(7) Subject to subparagraph (4), the Authority may act notwithstanding one or more vacancies among its members. | ||
(8) Subject to the provisions of this Act, the Authority shall regulate its procedure (including procedure for electronic meetings). | ||
(9) The Authority may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an “electronic meeting”). | ||
(10) A member of the Authority who participates in an electronic meeting is taken for all purposes to have been present at the meeting. | ||
7. (1) The Authority may establish committees, consisting wholly or partly of persons who are either members of, or members of the staff of, the Authority, to— | ||
(a) assist and advise it in relation to the performance of any or all of its functions, and | ||
(b) perform such functions of the Authority as may stand delegated to those committees under paragraph 8. | ||
(2) In appointing members of a committee established under this paragraph, the Authority shall have regard to— | ||
(a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and | ||
(b) the desirability of there being an appropriate balance between men and women on the committee. | ||
(3) The Authority may pay to members of a committee established under this paragraph such allowances or expenses (if any) incurred by them as the Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine. | ||
(4) The Authority may remove a member of a committee established under this paragraph from the committee at any time. | ||
(5) The acts of a committee shall be subject to confirmation by the Authority, unless the Authority otherwise determines. | ||
(6) A committee established under this paragraph may regulate, by standing orders or otherwise, its procedure and business. | ||
(7) The Authority may appoint a person to be chairperson of a committee established under this paragraph. | ||
(8) A committee shall provide the Authority with such information as the Authority may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Authority of its functions. | ||
(9) The Authority may at any time dissolve a committee established under this paragraph. | ||
8. The Authority may, with the consent of the Minister, delegate one or more of its functions as it considers appropriate to a committee established under paragraph 7. | ||
9. (1) Where a member of the Authority is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, | ||
he or she shall thereupon cease to be a member of the Authority. | ||
(2) Where a member of the staff of the Authority is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, | ||
he or she shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on that nomination or election or when he or she is so regarded as having been so elected (as the case may be) and ending when he or she ceases to be a member of either such House or a representative in that Parliament. | ||
(3) A period of secondment under subparagraph (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Authority. | ||
(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a representative in the European Parliament shall be disqualified, while he or she is so entitled or is such a representative, from being a member of the Authority, a member of a committee established under paragraph 7 or a member of the staff of the Authority. | ||
10. (1) Subparagraph (2) applies where at a meeting of the Authority any of the following matters arise, namely— | ||
(a) an arrangement to which the Authority is a party, | ||
(b) an arrangement to which the Authority proposes to become a party, | ||
(c) a contract or other agreement with the Authority, or | ||
(d) a proposed contract or other agreement with the Authority. | ||
(2) Any member of the Authority present at the meeting referred to in subparagraph (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall— | ||
(a) disclose to the Authority at the meeting the fact of that interest and its nature, | ||
(b) not influence (or seek to influence) a decision to be made in relation to the matter, | ||
(c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed, | ||
(d) take no part in any deliberation of the Authority relating to the matter, and | ||
(e) not vote on a decision relating to the matter. | ||
(3) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Authority by whom the disclosure is made shall not be counted in the quorum for the meeting. | ||
(4) Where at a meeting of the Authority a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would constitute a failure by him or her to comply with the requirements of subparagraph (2), the question may, subject to subparagraph (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. | ||
(5) Where, at a meeting of the Authority, the chairperson of the meeting is the member in respect of whom a question to which subparagraph (4) applies falls to be determined, then the other members of the Authority attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned. | ||
(6) Where the Minister is satisfied that a member of the Authority has contravened subparagraph (2), the Minister may, if he or she thinks appropriate, remove that member from office. | ||
11. Subparagraphs (1) to (5) of paragraph 10 shall apply to a member of a committee established under paragraph 7 where the member is not also a member of the Authority and for the purposes of that application— | ||
(a) a reference to a member of the Authority shall be construed as reference to a member of the committee, | ||
(b) a reference to the Authority shall be construed as reference to the committee. | ||
12. (1) Where a member of the staff of the Authority, otherwise than in his or her capacity as such a member, has a pecuniary interest or other beneficial interest in, or material to, any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Authority is a party, that person shall— | ||
(a) disclose to the Authority his or her interest and the nature thereof, | ||
(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Authority or members of the staff of the Authority or committee, as the case may be, in relation to it, or | ||
(c) not influence (or seek to influence) a decision to be made, or make any recommendation, in relation to the contract, agreement or arrangement. | ||
(2) A reference in subparagraph (1) to a contract does not include a contract or proposed contract of employment of a member of the staff of the Authority. | ||
(3) Where a member of the staff of the Authority contravenes this paragraph the Authority may— | ||
(a) make any alterations to the member’s terms and conditions of employment it considers appropriate, or | ||
(b) terminate the member’s contract of employment. | ||
13. (1) A person shall not disclose confidential information obtained by him or her while performing functions as— | ||
(a) a member, or member of the staff of, or an adviser or consultant to, the Authority, or a member of the staff of such an adviser or consultant, or | ||
(b) a member of a committee established under paragraph 7, | ||
unless he or she is authorised by the Authority to so do. | ||
(2) A person who contravenes subparagraph (1) commits an offence. | ||
(3) Nothing in this paragraph shall prevent the disclosure of information— | ||
(a) in a report made to the Authority, | ||
(b) by or on behalf of the Authority to the Minister, | ||
(c) by a member of the Authority to the Minister, or | ||
(d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995 . | ||
(4) In this paragraph “confidential information” includes— | ||
(a) information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description, and | ||
(b) proposals of a commercial nature or tenders submitted to the Authority by contractors, consultants or any other person. |