12.— (1) Every education and training board shall, subject to sections 44 and 45, perform by resolution of its members, such of its functions as are declared by or under this Act to be reserved functions.

(2) Each of the following are reserved functions:

(a) a request by an education and training board for a name by which the board may describe itself for operational purposes under section 9(3);

(b) the appointment of a chief executive in accordance with section 14;

(c) the suspension of a chief executive in accordance with section 17;

(d) the establishment of a scholarship under section 24;

(e) the giving of an opinion under section 27(4)(h) and the adoption (with or without modifications) of a strategy statement under section 27;

(f) the adoption of an annual report under section 28;

(g) the acceptance of gifts or being constituted as a trustee under section 29;

(h) a decision to authorise the attendance by a member at a conference, seminar, meeting or event under section 38;

(i) in relation to a committee established under section 44—

(i) the establishment or dissolution of the committee,

(ii) the determination of the terms of reference and the regulation of the procedures of the committee,

(iii) the appointment or removal from office of a member (including the chairperson) of the committee, and

(iv) the confirmation of an act of the committee;

(j) the adoption of an annual service plan under section 47;

(k) the power to borrow money under section 49;

(l) the keeping of accounts in accordance with section 51;

(m) in relation to a finance committee and an audit committee—

(i) the establishment of those committees,

(ii) the appointment and removal of a member (including the chairperson) of those committees, and

(iii) the receipt of a report prepared by each of those committees and the determination of what action (if any) should be taken as a result of the findings of any such report;

and

(n) the acquisition, holding and disposal of land, or any interest in land, under paragraph 3 of Schedule 3.

(3) The Minister may by order declare any function conferred on an education and training board under section 11 to be a reserved function.

(4) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.

(5) The chief executive of an education and training board shall assist the members of the board in the performance of their functions in such manner as those members may require.

(6) An education and training board shall not perform by resolution of its members, or give a direction in relation to the performance of, a function of the board that is not a reserved function.