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Education for Persons with Special Educational Needs Act 2004
Membership of Council.
21.—(1) The Council shall consist of a chairperson and 12 ordinary members.
(2) The chairperson and ordinary members of the Council shall be appointed by the Minister from among persons who have a special interest in or knowledge relating to the education of children with special educational needs.
(3) Before making appointments to the Council under this section, the Minister shall consult with—
(a) national associations of parents,
(b) recognised trade unions and staff associations representing teachers and principals of schools, and
(c) recognised school management organisations,
with a view, where the Minister considers it appropriate to do so, to appointing as members of the Council persons nominated for such appointment by those associations, trade unions and organisations, but the number of nominees of those associations, trade unions and organisations (taken as a whole) that may be so appointed shall not exceed 4.
(4) The Minister shall appoint to the Council—
(a) 2 members from among persons nominated for such appointment by the National Disability Authority (and equal numbers of men and women shall be nominated by that Authority for that purpose),
(b) 1 member from among persons nominated for such appointment by the Minister for Health and Children (and equal numbers of men and women shall be nominated by that Minister of the Government for that purpose).
(5) The Minister shall ensure that at least 6 of the members of the Council are women and at least 6 of them are men.
(6) The Minister shall have regard to the desirability of there being amongst those appointed under this section as members of the Council persons who themselves have special educational needs, their parents and representatives.
(7) The members of the Council (including the chairperson and deputy chairperson) may be paid such allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.
Annotations
Modifications (not altering text):
C11
Functions transferred and references to Minister for Health construed as Children, Equality, Disability, Integration and Youth (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), art. 4(1)(a) and sch. part 1, in operation as per art. 1(2), subject to transitional provisions in arts. 5-9.
4. (1) The functions vested in the Minister for Health -
(a) by or under the enactment specified in Part 1 of the Schedule,
...
are transferred to the Minister for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for Health contained in any Act or instrument made under such Act, and relating to any relevant function shall, on and after the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.
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SCHEDULE
Article 4
Part 1
Education for Persons with Special Educational Needs Act 2004 (No. 30 of 2004)
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