Education Act 1998

Establishment of bodies to provide services related to education.

54

54. (1) The Minister, with the concurrence of the Government, may from time to time by order (in this Act referred to as an “ establishment order”) establish a body to perform, subject to subsection (2), functions in or in relation to the provision of support services.

(2) The performance of functions by a body established under subsection (1) shall be subject to the determination of matters of policy by the Minister.

(3) A body established under subsection (1) shall be known by such title as may be specified in the establishment order.

(4) A body so established shall be a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name and to hold land.

(5) The Minister may from time to time by order amend an establishment order or an order made under this subsection.

F64 [ (6) The principal officer of a body established under subsection (1) shall be accountable to that body. ]

(7) Before making an order under this section the Minister shall consult, as the Minister considers appropriate, with persons directly affected by the proposed order or with trade unions or associations representing such persons.

(8) Notwithstanding section 5 , the Minister shall not make an order under this section unless he or she has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.

Annotations:

Amendments:

F64

Substituted (2.06.2004) by Vocational Education (Amendment) Act 2001 (23/2001), s. 36(b), S.I. No. 918 of 2004.

Editorial Notes:

E28

Power pursuant to section exercised (11.07.2017) by Educational Research Centre (Establishment) (Amendment) Order 2017 (S.I. No. 309 of 2017).

E29

Power pursuant to section exercised (9.09.2015) by Educational Research Centre (Establishment) Order 2015 (S.I. No. 392 of 2015), in effect as per art. 5.

E30

Power pursuant to section exercised (6.03.2003) by State Examinations Commission (Establishment) Order 2003 (S.I. No. 373 of 2003), in effect as per art. 4.

E31

Previous affecting provision: power pursuant to section exercised (24.12.2003) by National Council for Special Education (Establishment) Order 2003 (S.I. No. 270 of 2004), in effect as per art. 5; Council established under Order dissolved (1.10.2005) by Education for Persons with Special Educational Needs Act 2004 (30/2004), s. 45(1), S.I. No. 636 of 2005.