Education and Training Boards Act 2013

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Suspension and removal of chief executive by board.

17.— (1) An education and training board may, subject to this section, suspend the chief executive of the board—

(a) for stated misbehaviour, or

(b) where it appears necessary to the board for the effective performance by the board of its functions.

(2) Where an education and training board intends to propose a resolution to suspend the chief executive of that board for any of the reasons set out in subsection (1), a notice of intention to propose the resolution shall be served on the chief executive and each member of the board concerned.

(3) A notice under subsection (2) shall—

(a) be signed by not less than half of the members of the board concerned,

(b) state the reasons for the proposed suspension,

(c) state that the chief executive may submit a statement to the board within 14 days of the service of the notice in relation to the reasons stated under paragraph (b), and

(d) specify a day, not less than 21 days after the day on which the notice is served on the chief executive for the holding of a special meeting of the board to consider the proposed suspension.

(4) Subject to subsection (5), at a special meeting of an education and training board referred to in paragraph (d) of subsection (3), the board may, having considered any statement submitted under paragraph (c) of that subsection, by resolution suspend the chief executive of the board from such date as may be specified by the board.

(5) A resolution under subsection (4) shall require not less than three quarters of the members of the board concerned to vote in favour of the resolution.

(6) A copy of a resolution passed under subsection (4) shall be given to the chief executive as soon as practicable after the resolution is passed.

(7) An education and training board shall, within 7 days of the passing of a resolution under subsection (4), furnish to the Minister a copy of—

(a) the notice of intention to propose a resolution,

(b) any statement of the chief executive submitted in accordance with subsection (3)(c), and

(c) the resolution so passed.

(8) The Minister shall, within 21 days of the receipt of a resolution under subsection (7), appoint a panel of 3 persons having knowledge of, or experience in, education, human resources or management (in this section referred to as an “advisory panel”).

(9) The Minister shall nominate one of the 3 persons appointed to the advisory panel to be the chairperson of that panel.

(10) An advisory panel shall, within 21 days of being appointed, having considered the documents referred to in subsection (7), submit a report to the Minister containing its recommendations as to—

(a) whether the chief executive should remain suspended and, if so, for what period,

(b) whether the chief executive should be removed from office, or

(c) any other matter arising out of its considerations as the panel thinks appropriate in the circumstances.

(11) Upon consideration of a report submitted under subsection (10), the Minister shall, within 14 days of the receipt of the report—

(a) lift the suspension of the chief executive, subject to such terms and conditions (if any) as the Minister considers appropriate,

(b) confirm the suspension of the chief executive setting out the period for which the suspension is to apply and setting out such terms and conditions (if any) as shall apply to the chief executive on the expiration of the period of suspension, or

(c) remove the chief executive from office.

(12) The Minister shall notify the education and training board and chief executive concerned of his or her decision under subsection (11) and the date from which such decision is to take effect.

(13) A panel appointed under this section shall be independent in the performance of its functions.

(14) The Minister may by regulations prescribe any matter of procedure for the purposes of this section.