Regional Technical Colleges Act 1992

Governing bodies.

6

6. (1) There shall be a governing body of a college and the governing body, save as otherwise provided by this Act, shall perform the functions conferred on the college by this Act.

(2) The governing body of a college shall consist of—

( a) a chairman and 17 ordinary members, and

( b) the Director of the college.

(3) The first members (other than the chairman and the Director) of the governing body of a college shall be persons appointed by the Minister on the recommendation of the vocational education committee and the ordinary members shall be recommended in accordance with the provisions of subsection (4) (a), (b), (f) and (g) together with five other persons nominated by the Minister as ordinary members and shall hold office for a period of one year from the date of their appointment.

F20 [ (4) Upon the expiration of the term of office of a governing body, the ordinary members shall be appointed by the Minister, on the recommendation of the vocational education committee, in accordance with the following provisions:

( a ) six persons of whom at least three shall be members of a local authority shall be nominated by the vocational education committee;

( b ) if the region served by the college includes all or part of the functional area of one or more than one vocational education committee other than the vocational education committee in whose functional area the college is situated, the Minister may direct that one or more, but not more than four in all, of the persons to whom paragraph (a) relates, shall be nominated by such of those other committees as the Minister may specify;

( c ) two persons, one of whom shall be a woman and one a man, being members of the academic staff of the college who are employed on a permanent, full-time basis or who are required, during the period beginning on the 1st day of September preceding the election and ending on the following 31st day of August, to teach not less than 280 time-tabled hours in the college, or such other number of hours as the Minster may from time to time specify, shall be elected by that staff in accordance with regulations made by the governing body;

( d ) one person, being a member of the staff (other than the academic staff) of the College who are employed on a permanent, full-time basis or who are required, during the period beginning on the 1st day of September preceding the election and ending on the following 31st day of August, to work not less than 50 per cent. of the number of hours which a full-time member of such staff is required to work, shall be elected by that staff in accordance with regulations made by the governing body;

( e ) two persons, one of whom shall be a woman and one a man, being registered students of the college, shall be chosen in accordance with regulations made by the governing body; and for the purposes of this provision registered students shall include full-time officers of the Students Union or other student representative body recognised by the governing body for that purpose;

( f ) one person shall be nominated by the Irish Congress of Trade Unions;

( g ) five persons shall be nominated by the vocational education committee from among persons nominated to that committee by such organisations as the college, on the recommendation of the academic council considers require representation having regard to the particular courses provided by the college, excluding interests otherwise represented on the governing body. Such organisations shall be representative of industry, agriculture, commerce, the professions and other interests as appropriate to the activities of the college. ]

(5) In making appointments to a governing body pursuant to subsection (4) of this section the Minister shall have regard to the extent to which each sex is represented and shall ensure an appropriate gender balance as determined by the Minister from time to time.

(6) ( a) If a member of the governing body of a college (other than the chairman or the Director) dies, resigns, retires or is otherwise removed from office pursuant to this Act before the expiration of that member's term of office, the vacancy so caused shall be filled by the appointment to the governing body by the Minister of a person recommended by the F21 [ education and training board ] nominated in the same manner as was the person occasioning the vacancy.

( b) A person appointed to be a member of a governing body pursuant to paragraph (a) of this subsection shall, unless such person sooner dies, resigns or becomes disqualified from holding office, hold office for the remainder of the term of office of the member of the governing body occasioning the vacancy.

(7) The provisions of the Second Schedule to this Act shall apply to a governing body.

Annotations:

Amendments:

F20

Substituted (2.12.1994, with provisions of para. (c) applying to any elections held with effect from 1.04.1994) by Regional Technical Colleges (Amendment) Act 1994 (29/1994), s. 4(3), (4), commenced on enactment.

F21

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 12, S.I. No. 211 of 2013.

F22

Substituted by Technological Universities Act 2018 (3/2018), s. 82(1), not commenced as of date of revision. Subs. (2) provides that this amendment shall not apply until the date that is 12 months after the date of the coming into operation of subs. (1), (in this subsection referred to as the “effective date”) and members of a governing body standing appointed immediately before that coming into operation shall continue to so stand, notwithstanding that their term of office was due to expire before the effective date, as such members until the effective date when their appointment shall cease. Note exception in s. 83(7)(b), which provides that for the purposes of the elections and appointments under s. 83, that amendment shall, notwithstanding s. 82(2), be taken to apply immediately on the coming into operation of s. 82. Note also restriction on operation of amended section in 3/2018, s. 83(7)(a), which provides that s. 83 applies notwithstanding the new version of s. 6 when commenced.

Modifications (not altering text):

C2

Prospective affecting provision: section substituted by Technological Universities Act 2018 (3/2018), s. 82(1), not commenced as of date of revision.

F22 [ 6. (1) A college shall have a governing body established under this Act to perform the functions of the college under this Act.

(2) The Second Schedule shall apply to the governing body.

(3) The governing body, having not fewer than 12 and not more than 20 members, shall consist of

(a) the Director,

(b) a chairperson (in this section and the Second Schedule referred to as the chairperson ), who shall be an external member, appointed by the governing body,

(c) at least one but not more than 3 members of the academic staff of the college, the number of whom shall be determined, and who shall be elected, by the academic staff of the college,

(d) one member of the non-academic staff of the college, elected by the non-academic staff of the college,

(e) at least one but not more than 2 undergraduate students of the college, the number of whom shall be determined, and who shall be nominated, by the student union in accordance with its own procedures,

(f) one post-graduate student of the college, nominated by the student union in accordance with its own procedures,

(g) at least 3 but not more than 8 external members, at least one of whom has expertise in standards and practice in higher education outside the State, nominated by a committee of the governing body comprising the chairperson and 2 other external members of the governing body formed for that purpose,

(h) 2 external members nominated by the Minister, and

(i) one external member nominated, in accordance with its or their own procedures, by the education and training board or boards in whose education and training board area the campuses of the college are located.

(4) (a) The term of office of a member of the governing body, other than the Director, shall not exceed 4 years and a member may not serve more than 2 consecutive terms of office.

(b) A member of the governing body who is a student at the college shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.

(5) Before appointing members under subsection (3)(g) the governing body shall agree with An t Ú dar á s the competencies required of such members relating to areas such as business, enterprise, industry, finance, law, corporate governance, human resources or community organisation or other areas relevant to the functions of the college.

(6) (a) The governing body shall, for the purposes of this section, make regulations of the college relating to conduct of elections, seeking of nominations for appointment and appointment of members to the governing body.

(b) In making regulations of the college under paragraph (a) the governing body shall have regard to the objective that at least 40 per cent of members of the governing body shall be women and at least 40 per cent shall be men.

(7) In this section external member in relation to the college means a person who is not

(a) the Director,

(b) a member of the academic council,

(c) a member of staff of the college, or

(d) a student of the college. ]

C3

Application of subss. (2) and (3) restricted (6.07.1999) by Regional Technical Colleges (Amendment) Act 1999 (20/1999), s. 5(1), commenced on enactment. Note that Vocational Education Committees were replaced by Education and Training Boards (1.07.2013) by Education and Training Boards Act 2013 (11/2013), part 7 and s. 72(2), S.I. Nos. 211, 212 of 2013.

Governing Body

5.—(1) This section shall, in relation to the College, have effect in lieu of subsections (2) and (3) of section 6 of the Principal Act.

(2) Subject to subsections (3) and (5), the governing body shall consist of—

(a) a chairperson and 17 ordinary members, and

(b) the Director of the College.

(3) The first ordinary members of the governing body shall be 12 in number or such greater number, not exceeding 17, as may be permitted in consequences of the operation of subsection (5).

(4) The first ordinary members of the governing body shall be appointed by the Minister in accordance with the following provisions:

(a) subject to subsection (14), six persons, of whom at least three shall be members of a local authority, shall be nominated for such appointment by the County Dublin Vocational Education Committee;

(b) one person shall be nominated for such appointment by the Irish Congress of Trade Unions;

(c) five persons shall be appointed from among persons nominated for such appointment by such organisations as the Minister considers ought to be represented (having regard to the particular courses provided by the College) on the governing body and which have been invited by the Minister to make such nominations for the purposes of this paragraph, and such organisations shall be representative of industry, agriculture, commerce, the professions, local community interests and other interests which are appropriate to the activities of the College.

(5) Whenever the governing body, as constituted in accordance with subsection (4), informs the Minister by notice in writing that it is of opinion that the number of academic staff, staff (other than academic staff) or of students of the College is sufficient to make practicable the application of one or more of paragraphs (c), (d) and (e) of section 4(1) of the Act of 1994 to the College, the Minister shall make an order applying such one or more, or all, of those paragraphs, as the case may be, to the College and the paragraph or paragraphs, so applied, shall accordingly have effect in relation to the College and the Minister shall, as soon as practicable after the commencement of the order, appoint a person or persons, as the case may be, to be a member or members of the governing body in accordance with the relevant paragraph so applied.

(6) A separate notice under subsection (5) may be given and a separate order may be made on foot of that notice in relation to each of the paragraphs (c), (d) and (e) of section 4(1) of the Act of 1994.

(7) Nothing in subsection (5) shall operate—

(a) to require an appointment to which that subsection relates to be made on the recommendation of a vocational education committee,

(b) to prevent the governing body performing the functions referred to in section 7 of the Principal Act pending the making of appointments under that subsection.

(8) In making appointments to the governing body pursuant to this section the Minister shall have regard to the extent to which each sex is represented on the governing body and shall ensure an appropriate gender balance as determined by the Minister from time to time.

(9) The first members of the governing body (other than the chairperson, the Director of the College or the persons referred to in section 4(1)(e) of the Act of 1994) shall hold office for two years.

(10) The Minister may by order extend the term of office of the first members of the governing body but an order shall not be made under this subsection extending that term of office beyond the period of five years from the date on which the persons referred to in paragraphs (a), (b) and (c) of subsection (4) were appointed as members of the governing body under that subsection.

(11) Where an order under subsection (10) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(12) Paragraph 3(1) of the Second Schedule to the Principal Act shall have effect in relation to the first ordinary members of the governing body as if the words “on the recommendation of the vocational education committee” were omitted in each place where they occur in that provision.

(13) The ordinary members of the governing body appointed after the term of office of the first ordinary members thereof expires shall be appointed in accordance with section 4 of the Act of 1994 and the other relevant provisions of the Regional Technical Colleges Acts, 1992 and 1994.

(14) If the region likely, in the opinion of the Minister, to be served by the College includes all or part of the functional area of one or more than one vocational education committee, other than the County Dublin Vocational Education Committee, the Minister may direct that one or more than one, but not more than four in all, of the persons to whom paragraph (a) of subsection (4) relates, shall be nominated by such of those other committees as the Minister may specify.

Editorial Notes:

E14

Regional Technical Colleges (Amendment) Act 1994 (29/1994), s. 4 , which substituted subs. (4) of this section, was itself amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 16, S.I. No. 211 of 2013, by the substitution of “education and training board” for “vocational education committee” throughout the Act. Although the amendment of this section came into effect in 1994, it may have been intended that the substitution of words should carry through to subs. (4)(a), (b) and (g) of this section, replacing “vocational education committee” with “education and training board”.