12.—(1) Where, in the opinion of the Minister, F9[an education and training board] fails to perform its functions under this Act in an effective manner, the Minister may, by order, remove the function from F9[the education and training board] and transfer it to F9[the chief executive of the board], or to such other person or body as the Minister may specify in the order, for such period, not exceeding 2 years, as the Minister specifies in the order.

(2) Where the Minister proposes to make an order under this section, the Minister shall, by notice in writing, inform the Chief Executive Officer and F9[the education and training board] that the Minister is considering making an order and the reasons therefor and the Chief Executive Officer or F9[the education and training board], or both, may, within the period of the next 14 days beginning on the date on which the notice is given, or such longer period as the Minister may determine, make representations in writing to the Minister.

(3) If, after considering any representations made under subsection (2), the Minister is of the opinion that an order under subsection (1) should be made, the Minister shall make the order and shall, by notice in writing, inform the Chief Executive Officer and F9[the education and training board] of the making of the order and the reasons for making it.

(4) Where a function of F9[an education and training board] under this Act is transferred under this section, F9[the education and training board] shall not perform, supervise, direct or control the exercise of the function but the Chief Executive Officer or other person to whom the function is transferred shall keep it informed of matters arising from the exercise of the function.

(5) The Minister may, by order, amend or revoke an order under this section, including an order under this subsection.