National Social Service Board Act, 1984

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Number 2 of 1984

NATIONAL SOCIAL SERVICE BOARD ACT, 1984

ARRANGEMENT OF SECTIONS

Number 2 of 1984

NATIONAL SOCIAL SERVICE BOARD ACT, 1984

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY (TO BE KNOWN AS THE NATIONAL SOCIAL SERVICE BOARD) TO ADVISE THE MINISTER FOR HEALTH ON THE DEVELOPMENT OF SOCIAL SERVICES AND TO PROMOTE GREATER ACCESSIBILITY, CO-ORDINATION AND PUBLIC AWARENESS OF SOCIAL SERVICES AND TO PERFORM CERTAIN OTHER FUNCTIONS IN RELATION TO SOCIAL SERVICES INCLUDING THE ENCOURAGEMENT OF THE SPREAD IN LOCAL COMMUNITIES OF KNOWLEDGE AND ADVICE IN RELATION TO SOCIAL SERVICES AND THE PROMOTION OF THE ESTABLISHMENT AND DEVELOPMENT OF VOLUNTARY SOCIAL SERVICES IN SUCH COMMUNITIES AND TO PROVIDE FOR CONNECTED MATTERS. [1st March, 1984].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Board” means the National Social Service Board established by section 3 of this Act;

“the Director” means the chief officer of the Board appointed pursuant to section 20 of this Act;

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act under section 2 of this Act;

“financial year”, in relation to the Board, means the period from the establishment day to the 31st day of December, 1984, and a period of 12 months ending on any subsequent 31st day of December;

“functions” includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;

“the Minister” means the Minister for Health.

Establishment day.

2.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

National Social Service Board.

3.—(1) There shall, by virtue of this section, be established on the establishment day a board to be known as the National Social Service Board and in this Act referred to as the Board, to perform the functions assigned to it by this Act.

(2) The Board shall be a body corporate with perpetual succession and power to sue and be sued in its own name and, with power to hold and, with the consent of the Minister, to acquire and dispose of land or an interest in or rights over land.

Functions of Board.

4.—(1) The functions of the Board shall be—

(a) to advise the Minister and to keep him informed on the development of social services generally and, whenever the Minister so requests, to advise him and keep him informed on such aspects or branches thereof or particular social services as the Minister may specify,

(b) to promote greater accessibility, co-ordination and public awareness of social services,

(c) to promote, develop, encourage and assist, whether by means of the provision of financial or material aid, personnel or services or otherwise, the development of services and schemes in local communities for the dissemination of information and advice in relation to social services,

(d) to promote, encourage and assist, whether by means of the provision of financial or material aid, personnel or services or otherwise, in local communities the establishment and development of voluntary social services for those communities,

(e) to promote, develop, encourage and assist, whether by means of the provision of financial or material aid, personnel or services or otherwise, co-operation in relation to social services between boards, and other bodies, established by or under statute and voluntary organisations,

(f) to promote, develop, encourage and assist, whether by means of the provision of financial or material aid, personnel or services or otherwise, the work in relation to social services of such bodies as the Minister may specify.

(2) The Minister may, with the consent of the Minister for Finance, by regulations, confer on the Board such functions (in addition to the functions conferred on the Board by subsection (1) of this section) in relation to social services as the Minister thinks proper or withdraw from the Board any functions conferred on it by the said subsection (1).

(3) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(4) The Board shall in the performance of its functions comply with such directions as may from time to time be given to it by the Minister.

(5) The Board shall have all such powers as are necessary for or incidental to the performance of its functions.

Chairman and vice-chairman of Board.

5.—(1) The Minister shall from time to time as occasion requires appoint a member of the Board to be chairman thereof and a member of the Board to be vice-chairman thereof.

(2) The chairman or vice-chairman of the Board may at any time resign his office as chairman or vice-chairman, as the case may be, by letter sent to the Minister, and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Board held next after the Board has been informed by the Minister of the resignation.

(3) Where the chairman or vice-chairman of the Board ceases during his term of office as chairman or vice-chairman, as the case may be, to be a member of the Board, he shall also cease to be chairman or vice-chairman, as the case may be, of the Board.

(4) (a) The chairman of the Board shall, unless he sooner dies, resigns the office of chairman or ceases to be chairman under subsection (3) of this section, hold office until the expiration of his term of office as a member of the Board but, if he is re-appointed as a member of the Board, he shall be eligible for re-appointment as chairman of the Board.

(b) The vice-chairman of the Board shall, unless he sooner dies, resigns or ceases to be vice-chairman under the said subsection (3), hold office until the expiration of his term of office as a member of the Board but if he is re-appointed as a member of the Board, he shall be eligible for re-appointment as vice-chairman of the Board.

Membership of Board.

6.—(1) The Board shall consist of a chairman and vice-chairman and such number of other members not being less than eight nor more than ten as the Minister may determine.

(2) The members of the Board shall be appointed from time to time as occasion requires by the Minister and the Minister when appointing a member shall fix such member's term of office which shall not exceed three years and, subject to the foregoing and to subsections (3) and (7) of this section, the members of the Board shall hold office on such terms as the Minister determines.

(3) The Minister may remove from office any member of the Board who, in his opinion, has become incapable through ill-health of effectively performing his functions, or who has committed stated misbehaviour, or whose removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(4) A member of the Board may resign his office as such member by letter addressed to the Minister and the resignation shall take effect as on and from the date of receipt of the letter by the Minister.

(5) A member of the Board whose office as such member expires by the effluxion of time shall be eligible for re-appointment as a member of the Board.

(6) Where a casual vacancy occurs among the members of the Board, the Minister shall take such steps as are necessary to fill the vacancy as soon as possible.

(7) The Minister may by regulations vary the number of members of the Board and subsection (1) of this section shall have effect in accordance with the provisions of any regulations under this subsection.

Meetings and procedure of Board.

7.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but shall hold not less than six meetings in each year beginning with the year after that in which it is established.

(2) The Minister shall fix the date, time and place of the first meeting of the Board.

(3) At a meeting of the Board, the chairman of the Board shall, if present, be chairman of the meeting, but if the chairman of the Board is not present at the meeting or if the office of such chairman is vacant, the vice-chairman of the Board shall, if present, be chairman of the meeting, but if the vice-chairman of the Board is not present at the meeting or the office of such vice-chairman is vacant, then the members of the Board present at the meeting shall choose one of their number to be chairman of the meeting.

(4) The quorum for a meeting of the Board shall be five or such other number (not being less than five) as may be determined from time to time by the Board.

(5) At a meeting of the Board, each member present shall have a vote and every question shall be determined by a majority of the votes of the members present and voting and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6) The Board may act notwithstanding one or more vacancies among its members.

(7) A member of the Board shall not receive any remuneration for acting as a member of the Board or as a member of a committee appointed under section 8 of this Act, but may be paid such travelling and subsistence allowances as may be approved of by the Minister with the consent of the Minister for the Public Service.

(8) Subject to the provisions of this Act, the Board shall regulate its procedure and business by rules or otherwise.

Committees of Board.

8.—(1) The Board may from time to time establish committees to assist, facilitate or advise the Board in relation to the performance of its functions.

(2) A committee established under this section may, if the Board thinks fit, include in its membership persons who are not members of the Board.

(3) The appointment of a person to act as a member of a committee established under this section shall be subject to such conditions (including conditions in relation to the term and tenure of office of the member) as the Board may think fit to impose when making the appointment.

(4) A member of a committee established under this section may be removed from office at any time by the Board.

(5) The Board may at any time dissolve a committee appointed under this section.

(6) The acts of a committee established under this section shall be subject to confirmation by the Board unless the Board dispenses with the necessity for such confirmation.

(7) The Board may regulate the procedure of a committee established under this section but, subject to any such regulation, a committee established under this section may regulate its own procedure.

(8) A member of a committee established under this section shall not receive any remuneration for acting as a member of the committee, but may be paid such travelling and subsistence allowances as may be approved of by the Minister with the consent of the Minister for the Public Service.

Grants to Board.

9.—(1) The Minister may, subject to such conditions as he thinks proper and specifies to the Board, pay to the Board in each financial year of the Board out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the approval of the Minister for Finance and after consultation with the Board, may fix.

(2) The Board shall, in relation to each financial year, prepare and send to the Minister (on a date not later than a date specified by the Minister) an estimate in such form as the Minister may specify of its expenditure and income for that year.

Temporary borrowings by Board.

10.—The Board may, with the consent of the Minister, given with the approval of the Minister for Finance, borrow temporarily either by arrangement with bankers or otherwise such sums as it may require for the purpose of providing for current expenditure.

Accounts and audits.

11.—(1) The Board shall keep, in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and all such special accounts (if any) as the Minister may direct.

(2) Accounts kept in pursuance of this section shall be submitted annually (on a date not later than a date specified by the Minister) by the Board to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of such of those accounts, or of such extracts from such accounts, as the Minister may specify and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies of the documents presented to him to be laid before each House of the Oireachtas.

Annual report.

12.—(1) The Board shall, not later than six months after the end of each financial year, make a report to the Minister of its activities during that financial year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Board shall furnish to the Minister such information relating to its activities (other than those concerning day-to-day matters) as he may request.

(3) The Minister may request the Board to prepare and submit to him particulars of the activities in which it proposes to engage during such period as the Minister may specify in the request and the Board shall comply with a request under this section.

Consultants and advisers.

13.—Subject to the consent of the Minister, the Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this section shall be paid by the Board out of moneys at its disposal.

Donations.

14.—(1) Subject to the consent of the Minister, the Board may accept gifts of money, land and other property, on such trusts and conditions (if any) as may be specified by the donor.

(2) The Board shall not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

(3) The Board shall not solicit gifts or donations.

(4) Any funds of the Board, being a gift or the proceeds of a gift to it, may, subject to any terms or conditions of the gift, be invested in any manner in which a trustee is empowered by law to invest trust funds.

Seal of Board.

15.—(1) The Board shall, as soon as may be after the establishment day, provide itself with a seal.

(2) The seal of the Board shall be authenticated by the signature of the chairman of the Board, or some other member of the Board authorised by the Board to act in that behalf, and by the signature of an employee of the Board authorised by the Board to act in that behalf.

(3) Judicial notice shall be taken 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 (purporting to be authenticated in accordance with subsection (2) of this section) of the Board shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

Disclosure of information.

16.—A person shall not, without the consent of the Board, disclose any information obtained by him while performing duties as a member or employee of, or a consultant or adviser to, the Board.

Disclosure by member of Board of interest in proposed contract.

17.—(1) A member of the Board who is either directly or indirectly interested in any company or concern with which the Board proposes to make any contract, or in any contract which the Board proposes to make—

(a) shall disclose to the Board the fact and the nature of such interest at the meeting of the Board at which the question of entering into such a contract is first considered or, if he has no such interest at that time, as soon as may be after he has acquired such interest,

(b) shall take no part in any deliberations of the Board relating to such a contract save to such extent as the chairman of the Board may permit,

(c) shall not vote on a decision relating to such a contract, and

(d) shall not be counted in the quorum present at any meeting while such a contract (if made) or such a proposal is being considered.

(2) A disclosure under this section shall be recorded in the minutes of the Board.

(3) Where the Minister is satisfied that a member of the Board has failed to comply with a requirement of subsection (1) of this section, he may, if he thinks fit, remove that member from office, and, in case a person is removed from office pursuant to this subsection, he shall thenceforth be disqualified for membership of the Board.

Contracts by Board.

18.—Any contract or instrument which, if entered into or executed by a person not being a body corporate, 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 in that behalf.

Investment by Board.

19.—The Board may invest any of its funds (not being funds to which section 14 (4) applies) in any manner in which a trustee is empowered by law to invest trust funds.

Director of Board.

20.—(1) There shall be a chief officer of the Board who shall be called the Director of the Board and is in this Act referred to as “the Director”.

(2) The Director shall be appointed by the Board and shall hold office for such period and upon such terms and conditions (other than terms and conditions relating to remuneration and allowances for expenses) as the Board may, with the approval of the Minister given with the consent of the Minister for the Public Service, determine from time to time.

(3) The terms and conditions relating to the remuneration and allowances for expenses of the Director shall be such as may be determined from time to time by the Minister with the consent of the Minister for the Public Service.

(4) The Director shall perform such functions as the Board may determine from time to time.

(5) The Director shall not be a member of the Board.

Employees of Board.

21.—(1) In addition to the Director, the Board may appoint such and so many persons to be employees of the Board (subject to the approval of the Minister, given with the consent of the Minister for Finance, as to the number and kind of such employees) as the Board may from time to time determine, and in appointing any such person the Board shall comply with any direction given by the Minister (with such consent) relating to the procedure to be followed.

(2) Every employee of the Board holding office in a permanent capacity shall cease to hold office on attaining the age of 65 years.

(3) Employees of the Board shall hold their employment on such terms and conditions as the Board may, with the approval of the Minister given with the consent of the Minister for the Public Service, determine from time to time.

(4) The Director may from time to time assign such duties as he considers appropriate to each employee and each employee shall carry out the duties so assigned to him.

(5) The Board shall pay to its employees out of moneys at its disposal such remuneration and allowances for expenses as the Board may, with the approval of the Minister given with the consent of the Minister for the Public Service, determine from time to time.

(6) In making a determination under subsection (3) or (5) of this section the Board shall act in accordance with the directions of the Minister and shall have regard to any arrangements in operation for conciliation and arbitration for persons affected by the determination.

Superannuation.

22.—(1) The Board shall as soon as may be after the establishment day prepare or cause to be prepared a scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of the employees of the Board.

(2) A scheme under this section shall be subject to the approval of the Minister, given with the consent of the Minister for the Public Service, and may be amended by the Board with the like approval and the like consent.

(3) A pension, gratuity or other allowance shall not be granted by the Board on the resignation, retirement or death of an employee of the Board otherwise than in accordance with a scheme approved under this section.

Membership of Houses of Oireachtas or Assembly of European Communities.

23.—(1) Where a member of the Board is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall thereupon cease to be a member of the Board.

(2) Where a person who is employed by the Board is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances—

(a) in case he is nominated as a member of Seanad Éireann or is appointed to such Assembly, in respect of the period commencing on such nomination or appointment (as the case may be) and ending when he ceases to be a member of Seanad Éireann or such Assembly,

(b) in case he is nominated as a candidate for election to either such House or to such Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or that Assembly (as the case may be) or fails to be elected or withdraws his candidature, as may be appropriate.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified for becoming a member of the Board or for employment in any capacity with the Board.

(4) Without prejudice to the generality of subsection (2) of this section, that subsection shall be construed as prohibiting the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with the Board for the purpose of any pensions, gratuities or other allowances payable on retirement or death.

Transfer to Board of assets and liabilities of National Community Development Agency.

24.—(1) Any person who, immediately before the establishment day, was in the employment of the National Community Development Agency (in this section referred to as the Agency) shall on that day become and be an employee of the Board and he shall not, as an employee of the Board, be subject to less beneficial terms and conditions of service than the conditions of service to which he was subject immediately before that day as an employee of the Agency.

(2) (a) Subject to the provisions of this section, all property whether real or personal (including choses-in-action) which immediately before the establishment day was vested in, or belonged to, or was held in trust for, the Agency and all rights, powers and privileges relating to or connected with any such property shall, on the establishment day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, company or authority, become and be the property of and be vested in or held in trust for or enjoyed by (as the case may require) the Board for all the estate, trust or interest for which the same immediately before the transfer day was vested in or belonged to or was held in trust for the Agency.

(b) All property transferred by this section which, immediately before the establishment day, was standing in the books of any bank or was registered in the books of any bank, corporation, company or authority shall, upon the request of the Board made on or after the establishment day be transferred in those books by the bank, corporation, company or authority into the name of the Board.

(c) On and after the establishment day every chose-in-action transferred by this subsection to the Board may be sued upon, recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(d) Paragraph (a) of this subsection shall, in so far as it operates to transfer land, have effect, for the purposes of the Conveyancing Act, 1881 , as a conveyance of land.

(3) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day was owing and unpaid or has been incurred and is undischarged by the Agency shall, on the establishment day, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.

(4) Every bond, guarantee, mortgage or other security of a continuing nature made or given by the Agency to any person, or by any person to the Agency, and in force immediately before the establishment day, and every contract or agreement in writing made between the Agency and another person and not fully executed and completed before the establishment day shall, notwithstanding the dissolution of the Agency, continue in force on and after the establishment day but shall be construed and have effect as if the name of the Board were substituted therein for the name of the Agency, and the security, contract, or agreement shall be enforceable by or against the Board accordingly.

(5) In any action, suit or proceedings pending immediately before the establishment day in any court or tribunal and to which the Agency is a party, the Board shall on the establishment day become and be a party in the place of the Agency and such action, suit or proceedings, as the case may be, shall be continued between the Board and the other parties thereto accordingly and no such action, suit or proceedings shall abate or be discontinued or prejudicially affected by reason of the dissolution of the Agency.

(6) Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Board of the property of the Agency.

Regulations.

25.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Exemption from stamp duty.

26.—Stamp duty shall not be chargeable on any conveyance, transfer or other instrument executed for the purposes of vesting property or any interest in property in the Board.

Repeal.

27.—The National Community Development Agency Act, 1982 , is hereby repealed as on and from the establishment day.

Expenses.

28.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

29.—This Act may be cited as the National Social Service Board Act, 1984.