Comhairle Act 2000

Functions of Board.

7

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

( a) to support the provision of or, where the Board considers it appropriate, to provide directly, independent information, advice and advocacy services so as to ensure that individuals have access to accurate, comprehensive and clear information relating to social services and are referred to the relevant services,

F4 [ ( b ) to support the provision of or, where the Board considers it appropriate, to provide directly, advocacy services to individuals, in particular those with a disability, that would assist them in identifying and understanding their needs and options and in securing their entitlements to social services, ]

F4 [ ( c ) to support, promote and develop

(i) greater accessibility, co-ordination and public awareness of social services, and

(ii) the provision and dissemination of integrated information in relation to such services by statutory bodies and voluntary bodies, ]

F5 [ ( ca ) to support the provision of a service to be known, in the English language, as the Money Advice and Budgeting Service or, in the Irish language, as An tSeirbh í s Buis é adaithe agus Comhairle Airgid, to provide advice to individuals for the purpose of the management, avoidance, reduction and discharge of personal debt and in relation to money management,

( cb ) to promote and develop the provision of the Money Advice and Budgeting Service and to provide information in respect of such provision,

( cc ) to provide, subject to the consent of the Minister, and in accordance with subsection (1A) , financial assistance to a voluntary body in respect of any matter related to the functions referred to in paragraphs (ca) , (cb) , (cd) , (ce) , (cf) and (cg) ,

( cd ) to promote and develop education in respect of money management,

( ce ) to compile and publish data relating to the provision of the Money Advice and Budgeting Service,

( cf ) to promote and disseminate awareness and information to the public relating to the provision of the Money Advice and Budgeting Service,

( cg ) to undertake, or commission, research relating to the functions referred to in paragraphs (ca) , (cb) and (cd) and on any matter, as the Minister may, from time to time, request, in relation to the functions referred to in paragraphs (ca) , (cb) and (cd) to (cf) ,

( ch ) to provide advice, information and assistance to the Minister in respect of the functions referred to in paragraphs (ca) to (cg) and such advice, information and assistance in relation to those functions as the Minister may, from time to time, request, ]

( d) to support, promote and develop the provision of information on the effectiveness of current social policy and services and to highlight issues which are of concern to users of those services,

( e) to promote and support the development of voluntary bodies providing social services including, where the Board considers it appropriate, the provision of financial or other resources such as integrated information, training and development services,

( f) to furnish advice, information and assistance to the Minister in relation to the development of any aspect of social services,

( g) whenever the Minister so requests, to design schemes relating to social services to address needs identified by the Minister concerning such services, and, where the Board considers it appropriate to do so, to provide such services directly,

( h) to promote, develop, encourage and assist, through the provision of financial or other resources, the work in relation to social services of such bodies as the Minister may specify,

( i) to prepare strategic plans in accordance with section 8, and

( j) to perform any additional functions assigned to the Board under subsection (2).

F6 [ (1A) The Board shall, subject to the approval of the Minister, determine the terms on which and the conditions subject to which it may

( a ) support the provision of information, advice or advocacy services under F7 [ subsection (1) , ]

F5 [ ( aa ) support the provision, promotion and development of the Money Advice and Budgeting Service under subsections (1) ( ca ) and (1) ( cb ) and the functions referred to in subsections (1)(cd) to (1)(cg) , ]

( b ) provide financial or other resources to a voluntary body under subsection (1)(e) or to a body specified by the Minister under F7 [ subsection (1)(h) , and ]

F5 [ ( ba ) provide financial assistance to a voluntary body under subsection (1) ( cc ), ]

and different terms and conditions F7 [ may apply under paragraphs (a) , ( aa ), ( b ) and ( ba ) ] and in relation to different types of bodies.

(1B) The Board shall, in determining the terms and conditions under subsection (1A) , have regard to the objective of it promoting the provision of an integrated, reliable and comprehensive information service of the highest quality.

(1C) The Board may, for the purpose of providing the support referred to in F7 [ paragraphs (a) and (aa) of subsection (1A) ] or the financial or other resources referred to in F7 [ paragraphs (b) and ( ba ) of that subsection ] , request the body or person concerned to furnish it with information in such form and at such times as it may require.

(1D) The Board may refuse to provide the support referred to in F7 [ paragraphs (a) and (aa) of subsection (1A) ] , or the financial or other resources referred to in F7 [ paragraphs (b) and ( ba ) of that subsection ] , if the body or person concerned does not comply with the terms and conditions determined under that subsection or if it fails or refuses to furnish the Board with any information requested of the body or person concerned under subsection (1C) .

(1E) The Board, in performing the functions conferred on it by or under this section, shall have regard to the need for it to co-operate with statutory bodies and voluntary bodies. ]

F5 [ (1F) The Board, in performing the functions conferred on it under subsections (1)(ca) to (1)(ch) , shall have regard to

( a ) the provision, in particular, of the Money Advice and Budgeting Service to persons on low income who are, or are at risk of becoming, over indebted, and

( b ) Government policy, in particular social inclusion policy. ]

(2) The Minister may, with the consent of the Minister for Finance, by order-

( a) confer on the Board such additional functions relating to social services and connected with the functions conferred on the Board by subsection (1) or an order made under this subsection, as the Minister considers appropriate,

( b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Board of functions so conferred.

(3) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

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

Annotations:

Amendments:

F4

Substituted (30.03.2007) by Citizens Information Act 2007 (2/2007), s. 4(a), S.I. No. 141 of 2007.

F5

Inserted (13.07.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 28(a), (b)(ii), (iv), (e), S.I. 244 of 2009.

F6

Inserted (30.03.2007) by Citizens Information Act 2007 (2/2007), s. 4(b), S.I. No. 141 of 2007.

F7

Substituted (13.07.2009) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 28(b)(i), (iii), (v), (c), (d), S.I. 244 of 2009.

F8

Inserted by Citizens Information Act 2007 (2/2007), s. 4(a), not commenced as of date of revision.

Modifications (not altering text):

C2

Subs. (1)(bb) inserted by Citizens Information Act 2007 (2/2007), s. 4(a), not commenced as of date of revision.

F8 [ ( bb ) to provide, or to arrange for the provision of, a Personal Advocacy Service to qualifying persons and, in so doing, the Board shall take account of the following:

(i) the financial resources of the Board; and

(ii) whether qualifying persons can obtain advocacy services otherwise than under this Act, ]

C3

Functions under subs. (2) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 1 of 2000

Comhairle Act 2000

Sections 7(2), 12(6) and 20

...

...

...

Editorial Notes:

E3

Power pursuant to subs. (1)(h) exercised (21.11.2000) by Comhairle Regulations 2000 (S.I. 369 of 2000).