Education and Training Boards Act 2013

30.

Composition of education and training boards.

30.— (1) Subject to section 9(5) , each education and training board shall consist of 21 members and shall comprise—

( a) 12 members elected by the local authority specified in column (2) of Schedule 4 opposite the reference to the education and training board specified in column (1) of that Schedule from among the members of the local authority concerned and, where more than one local authority is specified in column (2) of that Schedule, the number of members to be elected by each local authority shall be the number specified in an order made under subsection (2);

( b) 2 members who are members of staff of the education and training board elected in accordance with regulations made under subsection (7);

( c) 2 members appointed in accordance with subsection (10), each of whom is the parent of a child who has not reached 18 years of age and is registered as a student in a centre for education or recognised school, or is the parent of a learner in a children detention school, prison, education or training facility or other facility maintained by any other public service body where the board provides education or training;

( d) 5 members appointed in accordance with subsection (11).

(2) Where more than one local authority is mentioned in column (2) of Schedule 4 opposite the mention of an education and training board in column (1) of that Schedule, the Minister shall by order specify the number of members of that education and training board to be elected by each local authority concerned, the aggregate of which members shall be 12.

(3) Where—

( a) 3 local authorities are mentioned in column (2) of Schedule 4 opposite mention of an education and training board in column (1) of that Schedule an order under subsection (2) shall specify that at least 3 members of that education and training board shall be elected by each of the local authorities concerned, and

( b) 2 local authorities are mentioned in column (2) of Schedule 4 opposite mention of an education and training board in column (1) of that Schedule an order under subsection (2) shall specify that at least 4 members of that education and training board shall be elected by each of the local authorities concerned.

(4) Subject to subsection (3), when making an order under subsection (2), the Minister shall have regard to the population, at the time the order is made, of each local authority referred to in the order.

(5) The Minister shall make regulations for the conduct of elections for the purposes of subsection (1)(a) and the regulations may provide—

( a) for the establishment of panels of candidates for election comprising women only and panels of candidates for election comprising men only from which persons shall be elected in accordance with those regulations, and

( b) that, as far as practicable, a minimum number of women and a minimum number of men shall be elected from each local authority.

(6) When making regulations under subsection (5), the Minister shall have regard to the objective that at least 40 per cent of members elected under subsection (1)(a) shall be women and at least 40 per cent shall be men.

(7) Subject to subsections (8) and (9), the Minister shall make regulations for the conduct of elections for the purposes of subsection (1)(b).

(8) The Minister shall consult with Education and Training Boards Ireland and recognised trade unions and staff associations representing members of the staff of education and training boards prior to making regulations under subsection (7).

(9) Without prejudice to the generality of subsection (7), regulations under that subsection may provide for—

( a) the establishment of panels of candidates for election comprising women only and panels of candidates for election comprising men only from which persons shall be elected in accordance with those regulations, and

( b) the establishment, following the election, of a panel from which casual vacancies may be filled.

(10)( a) Subject to paragraph (b), the Minister shall, for the purpose of subsection (1)(c), specify a national association of parents in respect of the education and training board who shall nominate 2 parents, one of whom shall be a man and one of whom shall be a woman who shall be appointed as members of that board.

( b) Where, in the opinion of the Minister, an education and training board provides a significant amount of primary education he or she may, for the purpose of subsection (1)(c), specify more than one national association of parents in respect of that board who shall each nominate 2 parents, one of whom shall be a man and one of whom shall be a woman for appointment to the board.

( c) Where more than one national association of parents is specified under paragraph (b), the members referred to in paragraphs (a) and (b) of subsection (1) shall appoint 2 members to the education and training board from among the persons nominated under paragraph (b) of this subsection, one of whom shall be a man and one of whom shall be a woman.

(11)( a) The Minister shall, for the purposes of subsection (1)(d), specify a number of bodies which, in his or her opinion, have a special interest in, or knowledge of, education and training—

(i) at least one of whom shall be a body representative of business, industry and employers,

(ii) at least one of whom shall be a body representative of learners, and

(iii) at least one of whom shall be a body established for the purpose of representing the interests of persons engaged in the management of, or leadership in, recognised schools,

and each specified body shall nominate one man and one woman who reside within the functional area of the education and training board concerned, for appointment to that board.

( b) The members referred to in paragraphs (a), (b) and (c) of subsection (1) shall appoint 5 members to the education and training board from among the persons nominated under paragraph (a)—

(i) at least one of whom shall have been nominated by a body referred to in subparagraph (i) of that paragraph,

(ii) at least one of whom shall have been nominated by a body referred to in subparagraph (ii) of that paragraph, and

(iii) at least one of whom shall have been nominated by a body referred to in subparagraph (iii) of that paragraph.

( c) The members appointed in accordance with paragraph (b) shall reside within the functional area of the education and training board and shall include at least 2 men and at least 2 women.

(12) In this section—

“population” means the population ascertained by the Central Statistics Office in the most recent census report published by that office setting out the final result of a census of population of the State (whether or not that is the most recent such census of population);

“national association of parents” has the same meaning as it has in the Act of 1998.

Annotations:

Editorial Notes:

E6

Number of members to be elected by each local authority to the corresponding education and training board pursuant to subs. (2) specified (6.06.2014) by Education and Training Boards Act 2013 (Composition of Local Authority Membership) Order 2014 (S.I. No. 272 of 2014).

E7

Procedures to be used by local authorities to elect members to education and training boards pursuant to subs. (5) and having regard to subs. (6) specified (6.06.2014) by Education and Training Boards Act 2013 (Local Authority Members) Regulations 2014 (S.I. No. 271 of 2014).

E8

Procedures for the conduct of elections of members of staff to education and training boards prescribed pursuant to subs. (7) (6.06.2014) by Education and Training Boards Act 2013 (Election of Staff) Regulations 2014 (S.I. No. 270 of 2014).