Sea Fisheries Act, 1952

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FIRST SCHEDULE.

An Bord Iascaigh Mhara.

Section 14.

Incorporation.

1. The Board shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in their corporate name and to hold land.

Membership.

2. (1) The Board shall consist of six members of whom one shall be Chairman. Not more than three of the members shall be or have been members of the Civil Service.

(2) The Chairman and the other members shall be appointed by the Minister.

(3) Subject to subparagraph (4), each member shall be appointed for a period of two years.

(4) Where a vacancy occurs amongst the members, the person appointed to fill the vacancy shall hold office for the remainder of the period for which his predecessor was appointed.

(5) A retiring member may be re-appointed.

(6) Each member shall hold office upon such terms as may be fixed by the Minister when appointing him and shall receive such fees and allowances as may from time to time be determined by the Minister with the consent of the Minister for Finance.

(7) The Minister may remove a member from office.

(8) A member may resign his office.

Procedure.

3. (1) The quorum at a meeting of the Board shall be two.

(2) The Board may act notwithstanding vacancies in their membership.

(3) When the Chairman is absent from a meeting of the Board or if the office of Chairman is vacant, the members who are present shall select one of their number to act as Chairman of the meeting.

(4) Every question at a meeting of the Board shall be decided by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

Seal of the Board.

4. (1) The seal of the Board shall, when applied to a document, be attested by the signature of any two members.

(2) All courts of justice shall take judicial notice of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal of the Board and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Exercise of functions.

5. (1) The Board may exercise and perform any of their functions through or by any member or sub-committee of members authorised by the Board in that behalf.

(2) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.

Disclosure by members of the Board of interest in proposed contract.

6. A member of the Board who has—

(a) any interest in any company or concern with which the Board propose to make any contract, or

(b) any interest in any contract which the Board propose to make,

shall disclose to the Board the fact of such interest and the nature thereof, and shall not be present during any discussion by the Board relating to such contract, and such disclosure shall be recorded in the minutes of the Board.

Officers and servants of the Board.

7. (1) The Board shall appoint such and so many officers and servants as the Board from time to time think proper.

(2) The Board may at any time remove any officer or servant of the Board from being such officer or servant.

(3) There shall be paid by the Board to their officers and servants out of funds at their disposal such remuneration and allowances as the Board shall determine.

(4) The officers of the Board may, with the consent of the Minister, include a manager whose appointment and terms of office shall be subject to the approval of the Minister.

(5) The Board may, if they so think fit, for the purpose of the appointment of a person to fill a situation in the service of the Board request the Local Appointments Commissioners to recommend to them a person for appointment to such situation, and the Commissioners on receiving such request shall select and recommend under and in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), to the Board a person for appointment to such a situation and shall, if they so think proper, select and recommend to the Board two or more persons for such appointment, and the Board on receiving from the Commissioners such recommendation shall appoint to such situation the person so recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as the Board think proper.

(6) The Board shall pay to the Local Appointments Commissioners out of the funds at their disposal such expenses in respect of the selection and recommendation by the Commissioners under this paragraph of persons to fill situations in the service of the Board as shall be fixed by agreement between the Board and the Commissioners with the consent of the Minister for Finance or, in default of such agreement, by the Minister for Finance.

(7) Every sum received by the Local Appointments Commissioners under subparagraph (6), shall be deemed for the purposes of paragraph (b), of subsection (2), of section 12 , of the Local Authorities (Officers and Employees) Act, 1926 , to be a fee paid to the Commissioners under that Act.

(8) Every person who, immediately before the commencement of Part III, was employed by the Irish Sea Fisheries Association, Limited, shall, upon such commencement, become a member of the staff of the Board on the same conditions as those subject to which he was so employed.

Reports and information by the Board.

8. (1) The Board shall in each year, at such date and in such form as the Minister may direct, make to the Minister a report of their proceedings under this Act during the preceding year.

(2) The Board shall furnish to the Minister at such times and in such form and manner as the Minister may direct such information, with regard to the performance of their functions, as the Minister may require.

Accounts and audits.

9. (1) The Board shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by them, including a capital account, revenue account, profit and loss account, and a balance sheet, and in particular shall keep in such form as aforesaid all such special accounts as the Minister on his own motion, or at the request of the Minister for Finance shall from time to time direct.

(2) The accounts of the Board for each year shall be audited within ninety days or such longer time as the Minister may in any particular case allow after the end of that year and shall be the subject of a report by duly qualified auditors appointed annually for the purpose by the Minister, with the consent of the Minister for Finance, and the fees of such auditors and the expenses generally of such audits shall be paid by the Board.

(3) The Minister may with the consent of the Minister for Finance appoint the time, place, and method of conducting the audit of the accounts of the Board under this paragraph and may also appoint the accounts of which copies are to be furnished to the Minister under this paragraph and the accounts which are to be published and put on sale under this paragraph and the time and method of such publication and sale.

(4) Immediately after every audit under this paragraph of the accounts of the Board, the Board shall send to the Minister a copy of the capital account, revenue account, profit and loss account and balance sheet as certified by the auditors, a copy of the auditors' report, and copies of such of the accounts submitted to the auditors as are appointed in that behalf under this paragraph or may be specially called for by the Minister, and shall publish and put on sale such of the accounts submitted to the auditors as are appointed in that behalf by the Minister.