Education and Training Boards Act 2013

18.

Suspension and removal of chief executive by Minister.

18.— (1) The Minister may, subject to this section, suspend a chief executive of an education and training board—

( a) for stated misbehaviour, or

( b) where it appears necessary to the Minister for the effective performance by the board of its functions.

(2) Where the Minister proposes to suspend a chief executive of an education and training board for any of the reasons set out in subsection (1), a notice of intention to suspend the chief executive shall be served by the Minister on the chief executive and on each member of the board concerned.

(3) A notice under subsection (2) shall—

( a) state the reasons for the proposed suspension, and

( b) state that the chief executive, and the education and training board concerned, may each submit a statement to the Minister within 14 days of the service of the notice in relation to the reasons stated under paragraph (a).

(4) The Minister may, having considered any statements submitted under paragraph (b) of subsection (3), suspend the chief executive of the education and training board from such date as may be specified by the Minister.

(5) The Minister shall notify the chief executive and the board concerned of his or her decision as soon as practicable after the decision is made.

(6) The Minister shall, within 21 days of any decision to suspend a chief executive under subsection (4), appoint a board of 3 persons having knowledge of, or experience in, education, human resources or management (in this section referred to as an “advisory board”).

(7) The Minister shall nominate one of the 3 persons appointed to the advisory board to be the chairperson of that board.

(8) An advisory board shall, within 21 days of being appointed, having considered the notice of intention to suspend, any statement submitted to the Minister under paragraph (b) of subsection (3) and the decision of the Minister, submit a report to the Minister containing its recommendations as to—

( a) whether the chief executive should remain suspended and, if so, for what period,

( b) whether the chief executive should be removed from office, or

( c) any other matter arising out of its considerations as the board thinks appropriate in the circumstances.

(9) Upon consideration of a report submitted under subsection (8), the Minister shall, within 14 days of the receipt of the report—

( a) lift the suspension of the chief executive, subject to such terms and conditions (if any) as the Minister considers appropriate,

( b) confirm the suspension of the chief executive setting out the period for which the suspension is to apply and setting out such terms and conditions (if any) as shall apply to the chief executive on the expiration of the period of suspension, or

( c) remove the chief executive from office.

(10) The Minister shall notify the education and training board and the chief executive concerned of his or her decision under subsection (9) and the date from which such decision is to take effect.

(11) An advisory board appointed under this section shall be independent in the performance of its functions.

(12) The Minister may by regulations prescribe any matter of procedure for the purpose of this section.