Education and Training Boards Act 2013

43.

Removal of members from office.

43.— (1) Where—

( a) the Minister is satisfied that an education and training board has failed to comply with a direction under section 41 ,

( b) an education and training board fails to comply with any judgement, order, or decree of any court of competent jurisdiction, or

( c) an education and training board refuses to submit its accounts to the Comptroller and Auditor General for audit in accordance with section 51(2) ,

the Minister may issue a notice in writing to the education and training board concerned that he or she proposes to remove all the members of that board from office.

(2) The members of an education and training board referred to in subsection (1) may make representations in writing to the Minister in respect of his or her proposal within 21 days after the service of the notice under subsection (1).

(3) Subject to subsection (4) the Minister may by order, having considered any representations made under subsection (2), remove all the members of that education and training board from office.

(4) Where the Minister proposes to make an order under subsection (3), 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 the draft has been passed by each such House.

(5) The Minister shall, in making an order under subsection (3), appoint a person to perform the functions of the education and training board concerned and that person shall perform those functions until the commencement of the first meeting of the board after the election and appointment of new members in accordance with subsection (7).

(6) An order under subsection (3) shall specify a date, being not more than 12 months from the date of the order, for the purposes of section 31 as modified by subsection (7).

(7) Where an order is made under subsection (3), section 31 shall apply to the election and appointment of new members to the education and training board concerned subject to the following modifications—

( a) in subsection (1)

(i) by deleting “in every election year,”, and

(ii) by substituting “the date specified by the Minister by order under section 43(6) ” for “the local elections concerned”,

( b) in subsection (2)—

(i) by substituting “The Minister” for “Every education and training board”,

(ii) by deleting “in every election year,”, and

(iii) by substituting “the date specified by the Minister by order under section 43(6) ” for “the local elections concerned”,

and

( c) in subsection (3) by substituting “the date specified by the Minister by order under section 43(6) ” for “the date of the local elections concerned”.