Education and Training Boards Act 2013
Reserved functions. |
12.— (1) Every education and training board shall, subject to sections 44 and 45 , perform by resolution of its members, such of its functions as are declared by or under this Act to be reserved functions. | |
(2) Each of the following are reserved functions: | ||
(a) a request by an education and training board for a name by which the board may describe itself for operational purposes under section 9 (3); | ||
(b) the appointment of a chief executive in accordance with section 14 ; | ||
(c) the suspension of a chief executive in accordance with section 17 ; | ||
(d) the establishment of a scholarship under section 24 ; | ||
(e) the giving of an opinion under section 27 (4)(h) and the adoption (with or without modifications) of a strategy statement under section 27 ; | ||
(f) the adoption of an annual report under section 28 ; | ||
(g) the acceptance of gifts or being constituted as a trustee under section 29 ; | ||
(h) a decision to authorise the attendance by a member at a conference, seminar, meeting or event under section 38 ; | ||
(i) in relation to a committee established under section 44 — | ||
(i) the establishment or dissolution of the committee, | ||
(ii) the determination of the terms of reference and the regulation of the procedures of the committee, | ||
(iii) the appointment or removal from office of a member (including the chairperson) of the committee, and | ||
(iv) the confirmation of an act of the committee; | ||
(j) the adoption of an annual service plan under section 47 ; | ||
(k) the power to borrow money under section 49 ; | ||
(l) the keeping of accounts in accordance with section 51 ; | ||
(m) in relation to a finance committee and an audit committee— | ||
(i) the establishment of those committees, | ||
(ii) the appointment and removal of a member (including the chairperson) of those committees, and | ||
(iii) the receipt of a report prepared by each of those committees and the determination of what action (if any) should be taken as a result of the findings of any such report; | ||
and | ||
(n) the acquisition, holding and disposal of land, or any interest in land, under paragraph 3 of Schedule 3 . | ||
(3) The Minister may by order declare any function conferred on an education and training board under section 11 to be a reserved function. | ||
(4) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister. | ||
(5) The chief executive of an education and training board shall assist the members of the board in the performance of their functions in such manner as those members may require. | ||
(6) An education and training board shall not perform by resolution of its members, or give a direction in relation to the performance of, a function of the board that is not a reserved function. |