Education and Training Boards Act 2013


Number 11 of 2013


EDUCATION AND TRAINING BOARDS ACT 2013

REVISED

Updated to 27 January 2015


This Revised Act is an administrative consolidation of Education and Training Boards Act 2013. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Water Services Act 2014 (44/2014), enacted 28 December 2014, and all statutory instruments up to and including Water Services Act 2014 (Irish Water Customer Registration) Order 2015 (S.I. No. 34 of 2015), made 27 January 2015, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 11 of 2013


EDUCATION AND TRAINING BOARDS ACT 2013

REVISED

Updated to 27 January 2015


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Education and Training Boards Acts 2013 and 2014 : this Act is one of a group of Acts included in this collective citation ( Local Government Reform Act 2014 (1/2014), s. 1(12)). The Acts in this group are:

Education and Training Boards Act 2013 (11/2013)

Local Government Reform Act 2014 (1/2014), s. 1(12) and s. 5(6) and sch. 2 part 6 (in so far as they amend the Education and Training Boards Act 2013)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

National Treasury Management Agency (Amendment) Act 2014 (23/2014)

Local Government Reform Act 2014 (1/2014)

All Acts up to and including Water Services Act 2014 (44/2014), enacted 28 December 2014, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Education and Training Boards Act 2013 (Composition of Local Authority Membership) Order 2014 (S.I. No. 272 of 2014)

Education and Training Boards Act 2013 (Local Authority Members) Regulations 2014 (S.I. No. 271 of 2014)

Education and Training Boards Act 2013 (Election of Staff) Regulations 2014 (S.I. No. 270 of 2014)

Education and Training Boards Act 2013 (Section 32) Order 2014 (S.I. No. 269 of 2014)

Education and Training Boards Act 2013 (Establishment Day) Order 2013 (S.I. No. 212 of 2013)

Education and Training Boards Act 2013 (Commencement) Order 2013 (S.I. No. 211 of 2013)

All statutory instruments up to and including Water Services Act 2014 (Irish Water Customer Registration) Order 2015 (S.I. No. 34 of 2015), made 27 January 2015, were considered in the preparation of this revision.


Number 11 of 2013


EDUCATION AND TRAINING BOARDS ACT 2013

REVISED

Updated to 27 January 2015


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations and orders.

4. Repeals and revocations.

5. Expenses.

6. Service of documents.

7. Offences.

PART 2

Education and Training Boards

8. Establishment day.

9. Establishment of education and training boards.

10. Functions of education and training boards.

11. Conferral of additional functions on education and training boards.

12. Reserved functions.

13. Executive functions.

14. Chief executive.

15. Functions of chief executive.

16. Delegation of functions of chief executive.

17. Suspension and removal of chief executive by board.

18. Suspension and removal of chief executive by Minister.

19. Staff.

20. Direction of Minister.

21. Joint performance of functions of education and training boards.

22. Cooperation by education and training boards with education or training providers.

23. Function of education and training board performed outside functional area.

24. Scholarships.

25. Accountability of chief executive to Public Accounts Committee.

26. Accountability of chief executive to other Oireachtas committees.

27. Strategy statement.

28. Annual report.

29. Gifts and trusts.

PART 3

Membership of Education and Training Boards

30. Composition of education and training boards.

31. Election, appointment and term of office of members of education and training boards.

32. Eligibility for membership of an education and training board.

33. Cesser of membership.

34. Disqualification from membership of an education and training board.

35. Offence to act when disqualified.

36. Resignation from membership.

37. Casual vacancies.

38. Expenses of members.

PART 4

Regulation of Education and Training Boards

39. Policy directions of Minister.

40. Report on operation of education and training board.

41. Directions following report on operation of an education and training board.

42. Transfer of functions of education and training boards.

43. Removal of members from office.

PART 5

Committees of Education and Training Boards

44. Committees.

45. Finance committee and audit committee.

PART 6

Finance

46. Expenditure limit.

47. Annual service plan.

48. Deposit of monies standing to credit of education and training board.

49. Powers of borrowing.

50. Fees.

51. Accounts.

52. Audit functions.

53. Acquisition, holding or disposal of land.

PART 7

Dissolution of Bodies

54. Interpretation.

55. Dissolution of vocational education committees.

56. Liability for loss occurring before establishment day.

57. Transfer of land and other property.

58. Transfer of staff.

59. Superannuation.

60. Transfer of rights and liabilities, and continuation of leases, licences and permissions.

61. Provisions consequent upon transfer of assets and liabilities.

62. Records of dissolved bodies.

63. Accounts and final annual report of dissolved bodies.

PART 8

Miscellaneous

64. Repeal of section 2(1)( j) of Unfair Dismissals Act 1977.

65. Repeal of section 24(13) of Act of 1998.

66. Amendment of section 13 of Act of 1998.

67. Transition for membership.

68. Transition for inquiries.

69. Saver (Regional Technical Colleges Act 1992 and Dublin Institute of Technology Act 1992).

70. Transition for scholarships.

71. Saver (Student Support Act 2011).

72. Consequential amendments to other Acts.

PART 9

Amendment of National Development Finance Agency Act 2002

73. Amendment of National Development Finance Agency Act 2002.

SCHEDULE 1

PART 1

Acts Repealed

PART 2

Statutory Instruments Revoked

SCHEDULE 2

Education and Training Boards and Education and Training Board Areas

SCHEDULE 3

Education and Training Boards

SCHEDULE 4

Composition of Education and Training Boards

SCHEDULE 5

Relevant Education and Training Boards

SCHEDULE 6

Consequential Amendments to Other Acts


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Children Act 2001

2001, No. 24

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Dublin Institute of Technology Act 1992

1992, No. 15

Education Act 1998

1998, No. 51

Education (Amendment) Act 2012

2012, No. 14

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Finance Act 2002

2002, No. 5

Health Act 2004

2004, No. 42

Institutes of Technology Act 2006

2006, No. 25

Local Elections (Disclosure of Donations and Expenditure) Act 1999

1999, No. 7

Local Government Act 2001

2001, No. 37

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Ministers and Secretaries (Amendment) Act 2011

2011, No. 10

National Development Finance Agency (Amendment) Act 2007

2007, No. 16

National Development Finance Agency Act 2002

2002, No. 29

National Treasury Management Agency (Amendment) Act 2000

2000, No. 39

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Prisons Act 2007

2007, No. 10

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Public Service Pensions (Single Scheme and Other Provisions) Act 2012

2012, No. 37

Redundancy Payments Acts 1996 to 2011

Regional Technical Colleges Act 1992

1992, No. 16

Student Support Act 2011

2011, No. 4

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Acts 1994 to 2012

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2007

Vocational Education (Amendment) Act 1944

1944, No. 9

Vocational Education (Amendment) Act 2001

2001, No. 23

Vocational Education Act 1930

1930, No. 29

Vocational Education Acts 1930 to 2006

Youth Work Act 2001

2001, No. 42


Number 11 of 2013


EDUCATION AND TRAINING BOARDS ACT 2013

REVISED

Updated to 27 January 2015


AN ACT TO PROVIDE FOR THE BETTER COORDINATION AND DELIVERY OF EDUCATION AND TRAINING, AND, FOR THAT PURPOSE TO PROVIDE FOR THE ESTABLISHMENT OF BODIES TO BE KNOWN AS EDUCATION AND TRAINING BOARDS; TO PROVIDE FOR THE DISSOLUTION OF VOCATIONAL EDUCATION COMMITTEES; TO PROVIDE FOR THE TRANSFER OF ASSETS, LIABILITIES AND STAFF OF VOCATIONAL EDUCATION COMMITTEES TO EDUCATION AND TRAINING BOARDS; TO PROVIDE FOR THE REPEAL OF THE VOCATIONAL EDUCATION ACTS 1930 TO 2006, THE AMENDMENT OF THE UNFAIR DISMISSALS ACT 1977, THE NATIONAL DEVELOPMENT FINANCE AGENCY ACT 2002 AND THE EDUCATION ACT 1998, THE REVOCATION OF CERTAIN STATUTORY INSTRUMENTS AND THE CONSEQUENTIAL AMENDMENT OF CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS.

[8 th May, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: