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Education for Persons with Special Educational Needs Act 2004
Consultative forum.
22.—(1) There shall be, for the purpose mentioned in subsection (2), a consultative forum, that is to say, a group of persons who shall be appointed in accordance with subsections (3) and (5) and who, as a collective body, are referred to subsequently in this section and in section 23 as the “consultative forum”.
(2) The purpose referred to in subsection (1) is the purpose of the Council's consulting the consultative forum with respect to the performance by the Council of one or more functions, or elements of one or more functions, determined by the Council, from time to time, to be functions or elements of functions appropriate for such consultation to take place in relation to them.
(3) Such number of persons (not exceeding 17) as the Council considers appropriate shall be appointed by the Council to be members of the consultative forum and the Council shall ensure, as far as practicable, that at least 7 of the members so appointed are women and at least 7 of them are men.
(4) Before appointing persons to be members of the consultative forum the Council shall consult with—
(a) the Minister,
(b) national associations of parents,
(c) voluntary bodies whose objects relate to the promotion of the interests of, or the provision of support services to, persons with disabilities,
(d) recognised school management organisations,
(e) recognised trade unions and staff associations representing teachers and principals of schools,
(f) the National Disability Authority,
(g) the Psychological Society of Ireland, and
(h) such other persons having a special interest in or knowledge relating to the education of children with disabilities as the Council considers appropriate.
(5) Such number of persons (not exceeding 3) as the Minister considers appropriate shall be appointed by the Minister to be members of the consultative forum and, as far as practicable, at least one of the members so appointed shall be a woman and at least one of them shall be a man.
(6) The Council and the Minister shall have regard to the desirability of there being amongst those appointed under this section as members of the consultative forum persons who themselves have special educational needs, their parents and representatives.
(7) The term of office of each member of the consultative forum shall be determined by the Council with the consent of the Minister.
(8) The members of the consultative forum may be paid such allowances (if any) for expenses incurred by them in the discharge of their functions as may be determined by the Minister with the consent of the Minister for Finance.
Annotations
Modifications (not altering text):
C12
Functions transferred and references Minister for Finance construed as Public Expenditure and Reform (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.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 30 of 2004 |
Education for Persons with Special Educational Needs Act 2004 |
Sections 13, 19(2), 22(8), 28(9), 36(10) and (11) and 43 |
|
... |
... |
... |
The history of the Ministers concerned with Finance aspects of Act can be traced as follows:
• Functions transferred and title of Minister for Finance changed to Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2025);
• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).