Industrial Development (Forfás Dissolution) Act 2014
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Irish National Accreditation Board | ||
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32. Part 5 of the Act of 2005 is amended by inserting the following Chapter after Chapter 2: | ||
“Chapter 3 | ||
Irish National Accreditation Board | ||
Irish National Accreditation Board | ||
56A. (1) The committee established as a committee of Forfás by resolution of the Board of Forfás pursuant to section 10 (amended by section 46 of the Industrial Development (Enterprise Ireland) Act 1998 ) of the Act of 1993 and known as the Irish National Accreditation Board shall on the coming into operation of this section— | ||
(a) become and be a committee of the Authority under this section, and | ||
(b) be known as the Irish National Accreditation Board (in this Act referred to as the ‘Accreditation Board’). | ||
(2) The Accreditation Board is the single national accreditation body for the purposes of the Accreditation Regulation. | ||
(3) The Accreditation Board shall, on behalf of the Authority, perform the functions delegated to the Board under section 34(2A) (inserted by section 30 (b) of the Industrial Development (Forfás Dissolution) Act 2014). | ||
(4) The Accreditation Board shall have all powers necessary or expedient for the performance of its functions. | ||
(5) The Accreditation Board shall be independent in the performance of its functions. | ||
(6) The Authority shall designate a member of its staff (in this Act referred to as the ‘Manager of the Accreditation Board’) to carry on and manage, and control generally the administration of the Accreditation Board. | ||
(7) Subject to subsection (8), the Accreditation Board may perform any one or more of its functions through or by— | ||
(a) any member of the staff of the Authority designated for that purpose by the Authority, or | ||
(b) the Manager of the Accreditation Board. | ||
(8) The Manager of the Accreditation Board may enter into contracts referred to in section 47(1)(e) (inserted by section 33 (b) of the Industrial Development (Forfás Dissolution) Act 2014) on behalf of the Authority. | ||
(9) The Accreditation Board shall furnish the Authority with such information regarding the performance of the functions of the Board as the Authority may from time to time request. | ||
(10) Subject to subsection (11), the members of the Accreditation Board shall be appointed by the Authority and the Authority shall, in making such appointments, take into account the expertise required by the Board to enable the Board to carry out its functions. | ||
(11) A person who is a member of the Accreditation Board immediately before the coming into operation of this section shall continue in office as such a member unless he or she dies, resigns or is disqualified from office or otherwise ceases to hold office and Schedule 6A (inserted by section 36 of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to such a person on the coming into operation of this section. | ||
(12) Schedule 6A (inserted by section 36 of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to the Accreditation Board. | ||
(13) A reference in any enactment to— | ||
(a) the National Accreditation Board, | ||
(b) the National Accreditation Board as a committee of Forfás, | ||
(c) the Irish National Accreditation Board, or | ||
(d) the Irish National Accreditation Board as a committee of Forfás, | ||
shall be taken to be a reference to the Accreditation Board as a committee of the Authority referred to in subsection (1). | ||
(14) In this section ‘enactment’ has the same meaning as it has in the Interpretation Act 2005 . | ||
Transfer of property to Authority | ||
56B. (1) All property (other than land), including choses-in-action, that immediately before the coming into operation of this section was enjoyed by or on behalf of Forfás in connection with the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) shall, on the coming into operation of this section, stand vested in the Authority without any transfer or assignment. | ||
(2) Every chose-in-action vested in the Authority by virtue of subsection (1) may, on and from the coming into operation of this section, be sued on, recovered or enforced by the Authority in its own name, and it shall not be necessary for the Authority to give notice to any person bound by the chose-in-action of the vesting effected by that subsection. | ||
Transfer of rights and liabilities | ||
56C. (1) All arrangements relating to accreditation and other rights and liabilities arising by virtue of any contract or commitment (express or implied) entered into by or on behalf of Forfás in connection with functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) before the coming into operation of this section shall on that coming into operation stand transferred to the Authority. | ||
(2) Every right and liability transferred by subsection (1) to the Authority may, on and after the coming into operation of this section, be sued on, recovered or enforced by or against the Authority in its own name, and it shall not be necessary for the Authority, or Forfás, to give notice to the person whose right or liability is transferred by that subsection of such transfer. | ||
Liability for loss | ||
56D. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, by or on behalf of Forfás before the coming into operation of this section, of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) shall on and after that coming into operation lie against the Authority and not against Forfás. | ||
(2) Any legal proceedings pending immediately before the coming into operation of this section to which Forfás is a party, that relate to any of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), shall be continued with the substitution in the proceedings of the Authority, in so far as they so relate, for Forfás. | ||
(3) Where, before the coming into operation of this section, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against Forfás, be enforceable against the Authority and not Forfás. | ||
(4) Any claim made or proper to be made by Forfás in respect of any loss or injury arising from the act or default of any person before the coming into operation of this section shall, where the claim relates to any of the functions referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), be regarded as having being made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority. | ||
Provisions consequent upon transfer of assets and liabilities to Authority | ||
56E. (1) Subject to section 56H(14), anything commenced and not completed before the coming into operation of this section by or on behalf of Forfás may, in so far as it relates to a function referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), be carried on or completed on or after that coming into operation by the Authority in accordance with this Act. | ||
(2) Any money, stocks, shares or securities transferred by section 56B (inserted by section 32 of the Industrial Development (Forfás Dissolution) Act 2014) that immediately before the coming into operation of section 56B were standing in the name of Forfás shall, on the request of the Authority, be transferred into its name. | ||
(3) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Authority under section 56B or 56C shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes. | ||
(4) A document which purports to be a certificate signed by the Minister referred to in subsection (3) shall be taken to be such a certificate unless the contrary is shown. | ||
Records | ||
56F. Each record held by or on behalf of Forfás, in relation to a function referred to in section 34(1)(de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), immediately before the coming into operation of section 34(1)(de), is on that coming into operation transferred to the Authority and is, on and from that coming into operation, held by the Authority. | ||
Appeals Board | ||
56G. (1) Subject to subsection (2), the Authority shall, as soon as practicable after the coming into operation of this section, establish an Appeals Board and shall appoint 3 people to the Appeals Board with a special interest or expertise in, or knowledge of, the functions referred to in section 34(1) (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014). | ||
(2) The Authority shall not appoint a member of the Authority, the Chief Executive, a member of the staff of the Authority or a member of the Accreditation Board to be a member of the Appeals Board. | ||
(3) A member of the Appeals Board shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Authority determines. | ||
(4) The Authority shall appoint a chairperson of the Appeals Board from among the members of the Board and that chairperson shall regulate the procedure of the Board. | ||
(5) Subject to paragraph (6), a member of the Appeals Board whose term of membership of the Appeals Board expires shall be eligible for reappointment as a member of the Appeals Board. | ||
(6) A person who is reappointed to the Appeals Board shall not hold office for periods the aggregate of which exceeds 10 years. | ||
(7) A member of the Appeals Board, including the chairperson, is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines. | ||
(8) A member of the Appeals Board may at any time resign from office by giving notice in writing to the Authority of his or her resignation and the resignation shall take effect on the day on which the Authority receives the notice. | ||
(9) The Authority may at any time remove from office a member of the Appeals Board if, in the opinion of the Authority— | ||
(a) the member has become incapable through ill-health of effectively performing his or her functions, | ||
(b) the member has committed stated misbehaviour, or | ||
(c) the removal of the member appears to the Authority to be necessary for the effective performance by the Appeals Board of its functions. | ||
(10) A member of the Appeals Board 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, | ||
(e) is convicted of an offence involving fraud or dishonesty, | ||
(f) is disqualified or restricted from being a director of any company within the meaning of the Companies Acts, or | ||
(g) is removed from office under subsection (9). | ||
(11) If a member of the Appeals Board dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Authority may appoint a person to be a member of the Appeals Board to fill the casual vacancy so occasioned. | ||
(12) A person appointed to be a member of the Appeals Board under subsection (11) — | ||
(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 his or her appointment, | ||
(b) is eligible for reappointment as a member of the Appeals Board on the expiry of that period, and | ||
(c) shall, for the purposes of the period referred to in subsection (6), be taken to have been appointed on the date of that person’s appointment to fill the casual vacancy concerned. | ||
(13) The Appeals Board shall be independent in the performance of its functions. | ||
Appeal to Appeals Board | ||
56H. (1) A conformity assessment body may make an appeal to the Appeals Board in respect of— | ||
(a) a decision of the Accreditation Board in respect of accreditation in relation to the body, or | ||
(b) a failure by the Accreditation Board to make a decision in respect of accreditation in relation to the body. | ||
(2) An appeal under subsection (1) (a) shall be made within 30 days of the notification by the Accreditation Board in writing of the decision to the conformity assessment body. | ||
(3) A conformity assessment body may by notice in writing request the Accreditation Board to make a decision in respect of accreditation in relation to that body and where that Board fails to make the decision within 30 days, the conformity assessment body may appeal against that failure. | ||
(4) An appeal by a conformity assessment body shall be made in such form as may be specified by the Appeals Board and shall— | ||
(a) in the case of an appeal under subsection (1) (a), specify the decision being appealed and the grounds of the appeal, | ||
(b) in the case of an appeal under subsection (1) (b), specify the matter in respect of which the Accreditation Board has failed to make a decision, | ||
(c) be accompanied by any documents on which the body relies, | ||
(d) be accompanied by such fee (if any) as may be determined by the Authority under section 47 (amended by section 33 of the Industrial Development (Forfás Dissolution) Act 2014), and | ||
(e) be accompanied by such other information or documentation as may be specified by the Appeals Board. | ||
(5) The Appeals Board may refuse to hear an appeal where, in the opinion of that Board, the appeal lodged is not made in good faith or is frivolous or vexatious. | ||
(6) The Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal and each of the parties to an appeal is entitled to be heard at the hearing of an appeal and to present evidence to the Board. | ||
(7) The Appeals Board may adjourn any hearing by it of a matter until a date specified by it. | ||
(8) A decision by a majority of the members of the Appeals Board shall suffice for any purpose. | ||
(9) The Appeals Board shall determine an appeal within 90 days from the making of an appeal and which may be a determination— | ||
(a) in relation to an appeal under subsection (1)(a) — | ||
(i) affirming the decision of the Accreditation Board, or | ||
(ii) quashing the decision of the Accreditation Board and directing the Accreditation Board, for stated reasons, to reconsider its decision, and | ||
(b) in relation to an appeal under subsection (1)(b) — | ||
(i) that the Accreditation Board has not failed to make a decision, or | ||
(ii) that the Accreditation Board has failed to make a decision and directing the Accreditation Board to make a decision within such time as may be specified by the Appeals Board. | ||
(10) The Appeals Board shall notify the appellant, the Accreditation Board and the Authority in writing of its determination under subsection (9), including the reasons under paragraph (a) (ii) of that subsection, within 10 days of making the determination. | ||
(11) The Accreditation Board shall comply with every direction given to it under paragraph (a)(ii) or paragraph (b)(ii) of subsection (9). | ||
(12) A conformity assessment body may withdraw an appeal made under this section at any time by notice in writing to the Appeals Board and the Accreditation Board. | ||
(13) In considering and determining an appeal under this section, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Authority. | ||
(14) An appeal by a conformity assessment body against a decision of the Accreditation Board in relation to accreditation pursuant to the Accreditation Regulation commenced but not determined— | ||
(a) prior to the coming into operation of this section, and | ||
(b) in accordance with the arrangements entered into between the conformity assessment body and the Accreditation Board under clause 11 of the Accreditation Board Terms and Conditions, | ||
shall be continued in accordance with those arrangements notwithstanding the coming into operation of this section. | ||
Disclosure of certain interests by members of Accreditation Board | ||
56I. Section 41 shall apply to members of the Accreditation Board as it applies to members of the Authority subject to the following modifications— | ||
(a) substituting ‘Accreditation Board’ for ‘Authority’ in each place where it occurs, | ||
(b) in subsection (4) by substituting ‘the deputy chairperson, if present shall determine the question or, if he or she is not present, then the other members of’ for ‘then the other members of’, and | ||
(c) in subsection (5) by substituting ‘the Authority’ for ‘the Minister’ in each place where it occurs.”. |