42.— (1) Where, in relation to an education and training board, the Minister considers that—

(a) any direction given by the Minister to the board under section 41 has not been complied with, or

(b) there are serious deficiencies in the carrying out of one or more of the functions of that board,

he or she may, by order, transfer any function of that board to the chief executive of that board or to any other person for such period, not exceeding 2 years, as may be specified in the order.

(2) Where the Minister proposes to make an order under subsection (1) he or she shall, by notice in writing—

(a) inform the education and training board concerned that he or she proposes to make such an order and of the reasons therefor, and

(b) invite that board to make representations to him or her concerning the proposal, not later than 14 days from the service of the notice,

and the Minister shall, in deciding whether to make such order or not, take into consideration any such representations.

(3) An order under subsection (1) shall not be amended in a manner that would result in any function to which that order relates standing transferred for a period exceeding 2 years.

(4) Where a function of an education and training board stands transferred under this section that board shall not, during the period the function stands transferred, perform that function and the performance of that function shall not, during that period, be subject to the direction, control or supervision of the board.

(5) The chief executive or other person to whom a function stands transferred under this section shall provide the education and training board concerned with such information relating to the performance by him or her of that function as the Minister directs.

(6) A chief executive shall not pursuant to section 16 delegate a function standing transferred to him or her under this section to a member of the staff of the education and training board concerned without the prior consent of the Minister.

(7) Any function of an education and training board transferred under subsection (1) shall revest in that board at the end of the period specified in an order made under that subsection.