National College of Art and Design Act 1971
Functions of An Bord generally.
5.—(1) On and from the establishment day, An Bord shall carry out the management of the College and the organisation and administration of its affairs, and shall have all such powers as are necessary for or incidental to those purposes.
(2) In particular, and without prejudice to the generality of subsection (1) of this section, An Bord shall have the general functions of—
(a) establishing and carrying on schemes of education of such scope and extent as it may determine in art, crafts and design,
(b) providing courses for the training of persons as teachers of art,
(c) providing courses and lectures for the further training of teachers of art as such teachers,
(d) providing, if it so thinks fit, lectures on art, crafts and design for the public by members of its academic staff and other persons whom it considers suitably qualified for the purpose,
(e) establishing and carrying on schemes (on which the amount of the expenditure by An Bord shall have been approved of by the Minister) for the giving of scholarships, bursaries, prizes and other awards in relation to art, crafts and design,
(f) holding exhibitions of art and crafts of students of the College, exhibitions of art and crafts and exhibitions devoted to any other subject matter relevant to the activities of the College,
(g) defraying the reasonable and necessary expenses incurred by members of its academic staff in attending, with the consent of An Bord, courses of instruction, seminars, lectures, conferences and exhibitions relevant to their duties as such members,
(h) defraying the reasonable and necessary expenses incurred by members of An Bord in attending conferences and exhibitions relevant to their duties as such members and in visiting other colleges and institutions of or concerned with art, crafts or design,
(i) providing courses of study in art, crafts and design—
(i) that are approved by any body established by the Minister or by Act of the Oireachtas after the passing of this Act for the purpose of granting degrees, diplomas and other similar educational awards, and
(ii) that lead to the grant of such degrees, diplomas or similar educational awards by that body,
(j) subscribing to associations and institutions of or concerned with art, crafts or design.
F4[(2A) An Bord shall—
(a) promote the success (including academic success) and reputation of the College,
(b) satisfy itself that appropriate systems, procedures and practices are in place—
(i) for the internal performance management and accountability of the College in respect of—
(I) the performance of its functions, and
(II) the achievement of the objectives in the strategic development plan under section 20C,
(ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the College,
(c) establish and implement arrangements for the management of the performance of the Director.]
F4[(2B) Without prejudice to the generality of subsections (1), (2) and (2A), An Bord shall perform the following functions with regard to the College:
(a) approve expenditure for major capital and investment projects;
(b) approve annual financial statements;
(c) provide for and maintain a system of audit;
(d) provide for and maintain a system of risk management;
(e) provide for and maintain a system of quality assurance;
(f) review and oversee the implementation of major plans of action and provide strategic direction;
(g) delegate such functions as may be appropriate to the Director;
(h) manage the financial affairs of the College to ensure value for money and its financial viability;
(i) account to An tÚdarás for funding provided to the College by An tÚdarás.]
(3) (a) An Bord shall have such other functions as may be assigned to it from time to time by the Minister by order.
(b) The Minister may by order, amend or revoke an order under this subsection, including an order under this paragraph.
(c) Every order under this subsection 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 twenty-one days on which that 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 under the order.
F4[(3A) An Bord shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being.]
F4[(3B) (a) For the purposes of the performance of its functions, An Bord shall establish procedures relating to resolution of disputes.
(b) Procedures established under paragraph (a) shall—
(i) be established following consultation with each trade union and staff association recognised by An Bord and with the student union,
(ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and
(iii) be published in such manner as An Bord considers appropriate.]
F4[(3C) An Bord may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council to the academic council.]
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 119(a), (b), S.I. No. 554 of 2022.