No. 28/1971:

NATIONAL COLLEGE OF ART AND DESIGN ACT, 1971

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 The College.

3 Appointment of establishment day.

4 Establishment of An Bord.

5 Functions of An Bord generally.

6 Members of An Bord.

7 Term of office of members of An Bord.

8 Membership of either House of Oireachtas by member of An Bord.

9 Disclosure by member of An Bord of interest in proposed contract or appointment.

10 Allowance for expenses.

11 Disqualification of member of An Bord.

12 Seal of An Bord.

13 Meetings and procedure of An Bord.

14 Grants to An Bord.

15 Accounts and audits.

16 Annual report and information to Minister.

17 The Director and Registrar and officers and servants.

18 Performance of functions of An Bord by officers and servants.

19 Membership of either House of Oireachtas by officer or servant of An Bord.

20 Superannuation of officers and servants of An Bord.

21 Committees of An Bord.

22 Buildings and premises.

23 Acceptance of gifts by An Bord.

24 Appointment of An Bord to be trustee.

25 Fees for courses and lectures.

26 Transfer of staff.

27 Transfer of property and liabilities.

28 Preservation of contracts and continuance of legal proceedings.

29 Exemption from stamp duty.

30 Amendment of Ministers and Secretaries Act, 1924.

31 Expenses.

32 Short title.

AN ACT TO ESTABLISH A BOARD TO BE KNOWN AS BORD AN CHOLAISTE NAISIUNTA EALAINE IS DEARTHA, TO DEFINE ITS POWERS AND DUTIES AND TO PROVIDE FOR RELATED MATTERS.

[1st December, 1971.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act, save where the context otherwise requires—

"An Bord" has the meaning specified in section 4 (1) of this Act;

"the College" has the meaning specified in section 2 of this Act;

"the Commissioners" means the Commissioners of Public Works in Ireland;

"the Director" has the meaning specified in section 17 of this Act;

"the establishment day" means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 3 of this Act;

"functions" includes powers and duties;

"the Minister" means the Minister for Education;

"student of the College" means a person who stands entered in the student roll of the College and is following an approved course of study there.

(2) A reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(3) A reference in this Act to an officer of An Bord includes a reference to a member of the academic staff of the College.

2.—(1) In this Act "the College" means the college of art, crafts and design known as the National College of Art and situate at Kildare Street, Dublin.

(2) As on and from the establishment day, the College shall be known as An Coláiste Náisiúnta Ealaíne is Deartha.

3.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

4.—(1) There shall, by virtue of this section, be established on the establishment day a board to be known as Bord an Choláiste Náisiúnta Ealaíne is Deartha to perform the functions given to it by this Act (in this Act referred to as An Bord).

(2) An Bord shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

5.—(1) On and from the establishment day, An Bord shall carry out the management of the College and the organisation and administration of its affairs, and shall have all such powers as are necessary for or incidental to those purposes.

(2) In particular, and without prejudice to the generality of subsection (1) of this section, An Bord shall have the general functions of—

( a ) establishing and carrying on schemes of education of such scope and extent as it may determine in art, crafts and design,

( b ) providing courses for the training of persons as teachers of art,

( c ) providing courses and lectures for the further training of teachers of art as such teachers,

( d ) providing, if it so thinks fit, lectures on art, crafts and design for the public by members of its academic staff and other persons whom it considers suitably qualified for the purpose,

( e ) establishing and carrying on schemes (on which the amount of the expenditure by An Bord shall have been approved of by the Minister) for the giving of scholarships, bursaries, prizes and other awards in relation to art, crafts and design,

( f ) holding exhibitions of art and crafts of students of the College, exhibitions of art and crafts and exhibitions devoted to any other subject matter relevant to the activities of the College,

( g ) defraying the reasonable and necessary expenses incurred by members of its academic staff in attending, with the consent of An Bord, courses of instruction, seminars, lectures, conferences and exhibitions relevant to their duties as such members,

( h ) defraying the reasonable and necessary expenses incurred by members of An Bord in attending conferences and exhibitions relevant to their duties as such members and in visiting other colleges and institutions of or concerned with art, crafts or design,

( i ) providing courses of study art, crafts and design—

(i) that are approved by any body established by the Minister or by Act of the Oireachtas after the passing of this Act for the purpose of granting degrees, diplomas and other similar educational awards, and

(ii) that lead to the grant of such degrees, diplomas or similar educational awards by that body,

( j ) subscribing to associations and institutions of or concerned with art, crafts or design.

(3) ( a ) An Bord shall have such other functions as may be assigned to it from time to time by the Minister by order.

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

( c ) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.

6.—(1) The members of An Bord shall be a chairman and such number (not being less than eight nor more than ten) of other members, of whom one shall be the Director, as the Minister may from time to time determine.

(2) ( a ) The chairman of An Bord shall be appointed from time to time as occasion requires by the Minister and may, if An Bord so requests and the Minister thinks fit to do so, be removed from the office of chairman by the Minister.

( b ) The chairman of An Bord shall be nominated for appointment as chairman by An Bord from among the members of An Bord other than the Director and the members nominated for appointment to An Bord under subsection (6) or (7).

( c ) The chairman of An Bord shall, unless he sooner dies, resigns the office of chairman or ceases to be chairman under paragraph (d) of this subsection, hold office until the expiration of his term of office as a member of An Bord.

( d ) Where the chairman of An Bord ceases during his term of office as chairman to be a member of An Bord, he shall also then cease to be chairman of An Bord.

(3) The chairman of An Bord may resign his office as chairman by letter addressed to the Minister and the resignation shall take effect when the letter is received.

(4) Subject to the provisions of this Act, the chairman of An Bord shall hold office as chairman on such terms as the Minister determines when appointing him.

(5) A member of An Bord shall be appointed by the Minister and may be removed from office by the Minister.

(6) Two members of An Bord shall be members of the academic stall of the College and shall be nominated for appointment to An Bord by the members of the academic staff of the College in such manner as may be approved by the Minister from time to time.

(7) ( a ) Two members of An Bord shall be students of the College and shall be nominated for appointment to An Bord by the students of the College in such manner as may be approved by the Minister from time to time.

( b ) The first appointments under this subsection shall be made as soon as reasonably may be after the establishment day, but An Bord may act before such appointments are made.

(8) A member of An Bord may resign his office as such member by letter addressed to the Minister and the resignation shall take effect when the letter is received.

(9) Subject to the provisions of this Act, the members of An Bord shall hold office on such terms as the Minister determines when appointing them.

(10) ( a ) A casual vacancy occurring among the members of An Bord shall be filled by appointment by the Minister and, where the vacancy occurs among the members nominated under subsection (6) or (7) of this section, the appointment shall be of a person nominated under the said subsection (6) or (7), as the case may be.

( b ) A member of An Bord appointed under this subsection shall hold office for the remainder of his predecessor's term.

7.—(1) The term of office of a member of An Bord, other than the Director, shall be three years.

(2) The term of office of the member of An Bord who is the director shall continue until, but only until, he ceases to hold office as Director.

(3) A member of An Bord who is nominated for appointment to An Bord under subsection (6), or (7) of section 6 of this Act shall cease to hold office as such member when he ceases to be a member of the academic stall of the College or a student, as the case may be.

(4) A member of An Bord, other than the Director who has held once as such member for any period of six successive years shall cease to hold office as such member at the end of that period and shall not be eligible for reappointment as a member of An Bord until the expiration of two years after the end of that period.

8.—(1) Where a member of An Bord is nominated either as a candidate for election to either House of the Oireachtas or as a member of Seanad Éireann, he shall thereupon cease to be a member of An Bord.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of An Bord.

9.—(1) A member of An Bord who has—

( a ) any interest in any company or concern with which An Bord proposes to make any contract, or

( b ) any interest in any contract which An Bord proposes to make,

shall disclose to An Bord the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of An Bord relating to the contract, and the disclosure shall be recorded in the minutes of An Bord.

(2) A member of An Bord who is related to a person who is a candidate for appointment by An Bord as an officer or servant of An Bord shall disclose to An Bord the fact of the relationship and the nature thereof and shall, if An Bord so decide, take no part in any deliberation or decision of An Bord relating to the appointment, and the disclosure and decision shall be recorded in the minutes of An Bord.

10.—A member of An Bord shall be paid, out of the funds at the disposal of An Bord, such allowances in respect of expenses as the Minister, with the approval of the Minister for Finance, may determine.

11.—A member of An Bord shall be disqualified from holding and shall cease to hold office as such member if he is adjudged bankrupt, or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude.

12.—(1) An Bord shall as soon as may be after its establishment provide itself with a seal.

(2) The seal of An Bord shall be authenticated by the signature of the chairman of An Bord or some other member thereof authorised by An Bord to act in that behalf and the signature of an officer of An Bord authorised by An Bord to act in that behalf.

(3) Judicial notice shall be taken of the seal of An Bord and every document purporting to be an instrument made by An Bord and to be sealed with the seal (purporting to be authenticated in accordance with this section) of An Bord shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

13.—(1) An Bord shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of An Bord.

(3) The quorum for a meeting of An Bord shall be five.

(4) At a meeting of An Bord—

( a ) The chairman of An Bord shall, if present, be chairman of the meeting;

( b ) if and so long as the chairman of An Bord is not present or if the office of chairman is vacant, the members of An Bord who are present shall choose one of their number to be chairman of the meeting.

(5) Every question at a meeting of An Bord shall be determined by a majority of the votes of the members present and voting on the question and in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6) An Bord may act notwithstanding one or more vacancies among its members.

(7) Subject to the provisions of this Act, An Bord shall regulate, by standing orders or otherwise, the procedure and business of An Bord.

14.—(1) There may, subject to such conditions, if any, as the Minister thinks proper, be paid to An Bord in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with An Bord in relation to its programme of expenditure for that year, may fix.

(2) An Bord shall submit to the Minister an estimate of its financial requirements for every financial year.

(3) Whenever and for so long as the College stands designated as an institution of higher education under the Higher Education Authority Act, 1971 , this section and section 16 (2) of this Act shall cease to have effect.

15.—(1) An Bord shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts and records as the Minister may from time to time determine.

(2) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor-General for audit and immediately after such audit a copy of the income and expenditure account and of the balance sheet and of such other, if any, of the accounts as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor-General's Report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

16.—(1) An Bord shall make a report to the Minister annually of its proceedings under this Act during the previous academic year of the College and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(2) An Bord shall supply the Minister with such information regarding the performance of its functions as the Minister may from time to time require.

17.—(1) There shall be a director of the College (who shall be known as the Director of an Coláiste Náisiúnta Ealaíne is Deartha and is in this Act referred to as the Director) and a registrar of the College (who shall be known as the Registrar of an Coláiste Náisiúnta Ealaíne is Deartha and is in this Act referred to as the Registrar).

(2) The Director shall be the chief officer of An Bord and shall control and direct the staff and students of the College and the activities of the College subject to the authority of An Bord.

(3) The Registrar shall act as registrar and secretary of the College and shall keep the accounts of An Bord.

(4) The Director and the Registrar shall be appointed by An Bord and shall hold office subject to such terms and conditions (including conditions of remuneration) as may be determined by An Bord, with the approval of the Minister and with the consent of the Minister for Finance, when appointing them.

(5) Subject to subsection (6) of this section An Bord may appoint such other officers and servants as it shall from time to time think necessary for the due performance of its functions.

(6) The numbers, grades, qualifications, tenure of office and remuneration of the officers of An Bord shall be subject to the approval of the Minister with the consent of the Minister for Finance.

(7) An officer or servant of An Bord shall hold his office or employment on such terms and conditions as An Bord may from time to time, with the approval of the Minister and the consent of the Minister for Finance, determine.

(8) The procedure for the selection of persons for appointment as whole-time officers of An Bord shall be determined by An Bord with the approval of the Minister.

(9) An Bord may remove or suspend from office or employment any of its officers or servants.

18.—An Bord may perform any of its functions through or by any of its officers and servants duly authorised by An Bord in that behalf.

19.—(1) Where a person, who is either an officer or a servant in the employment of An Bord, becomes a member of either House of the Oireachtas—

( a ) he shall during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House, or, if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by An Bord, stand seconded from such employment;

( b ) he shall not be paid by, or entitled to receive from, An Bord any remuneration in respect of the secondment period.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of An Bord.

20.—(1) As soon as may conveniently be after the establishment day An Bord shall prepare and submit to the Minister a contributory scheme or contributory schemes for the granting of pensions, gratuities and other allowances on retirement to or in respect of its wholetime officers and servants.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) An Bord may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this section.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by An Bord in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.

(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

21.—(1) An Bord may from time to time establish such and so many committees as it thinks proper to perform such (if any) of the functions of An Bord as, in the opinion of An Bord, may be better or more conveniently performed by a committee and are assigned to a committee by An Bord.

(2) An Bord may regulate the procedure of committees established under this section, but subject to any regulation, committees established under this section may regulate their own procedure.

(3) A committee of An Bord shall consist of such number of members appointed by An Bord as it thinks proper and the members shall consist of or include members of An Bord.

(4) The appointment of a person to act as a member of a committee established under this section shall be subject to such conditions (including conditions in relation to the term and tenure of office of the member) as An Bord may think fit to impose when making the appointment.

(5) A member of a committee established under this section may be removed from office at any time by An Bord.

(6) An Bord may at any time dissolve a committee established under this section.

(7) The acts of a committee established under this section shall be subject to confirmation by An Bord.

22.—An Bord may, with the approval of the Minister, by construction or acquisition (including acquisition under a lease or other letting or a licence), provide itself with and equip and maintain such buildings and other premises as it considers necessary or desirable for the performance of its functions.

23.—(1) An Bord may accept gifts of works of art, money, materials, equipment, land or other property.

(2) An Bord shall not accept a gift if the conditions attached to its acceptance by the donor are inconsistent with the functions of An Bord.

(3) Any funds of An Bord, being a gift or the proceeds of a gift to it, may, subject to any terms or conditions of the gift, be invested by An Bord in any manner in which a trustee is empowered by law to invest trust funds.

24.—An Bord may accept an appointment to be a trustee of any educational endowment or charity established for purposes connected with the functions of An Bord if the duties of such office are not inconsistent with those functions.

25.—An Bord may, with the consent of the Minister, charge fees of such amounts as it may determine from time to time for admission to courses and lectures, and exhibitions and other functions conducted or arranged by, or held at or by, the College.

26.—(1) Every person who, immediately before the establishment day, was a permanent, whole-time member of the academic or other staff of the College shall, on the establishment day become and be a permanent, whole-time member of the academic or other staff of the College as the case may be, in the employment of An Bord on such terms and conditions as An Bord may from time to time determine, being terms and conditions that, in the opinion of the Minister, are not less favourable to the person than those that applied in relation to his employment with the College immediately before such day.

(2) Every person, other than a person referred to in subsection (1) of this section, who, immediately before the establishment day, was a member of the academic or other staff of the College and who either

( a ) was appointed as such on the recommendation of the Civil Service Commissioners or

( b ) was required to work for not less than 18 hours per week and had been a member of such academic or other staff for the five years immediately preceding such day,

shall become and be a member of the academic or other staff of the College, as the case may be, in the employment of An Bord on such terms and conditions as An Bord may from time to time determine, being terms and conditions that, in the opinion of the Minister, are not less favourable to the person than those that applied in relation to his employment with the College immediately before such day.

27.—(1) All property (real or personal), other than the buildings and premises at Kildare Street, Dublin, used by the College, and all rights held or enjoyed immediately before the establishment day by the Minister, in connection with the College, shall, on the establishment day, become and be transferred to An Bord and accordingly, without any further conveyance, transfer or assignment—

( a ) the said property shall, on the establishment day, vest in An Bord,

( b ) the said rights shall, as on and from the establishment day, be enjoyed by An Bord,

( c ) the said liabilities shall, as on and from the establishment day, be the liabilities of An Bord.

(2) All moneys, stocks, shares and securities transferred to An Bord by this section which, on the establishment day, are standing in the books of any corporation or company in the name of the Minister shall, upon the request of An Bord, be transferred into its name.

(3) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by the Minister or the Commissioners and is so owing or has been incurred in relation to the College shall, on the establishment day, become and be the debt or liability of An Bord and shall be paid or discharged by and may be recovered from and enforced against An Bord accordingly.

28.—(1) Every contract which was entered into in relation to the College and is in force immediately before the establishment day between the Minister or the Commissioners and any person shall continue in force on and after the establishment day, but shall be construed and have effect as if An Bord were substituted therein for the Minister or the Commissioners (as the case may be), and every such contract shall be enforceable by or against An Bord accordingly.

(2) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is a party and the proceedings have reference to the College, the name of An Bord shall be substituted in the proceedings for that of the Minister, and the proceedings shall not abate by reason of such substitution.

29.—Stamp duty shall not be charged on any conveyance or other instrument executed for the purpose of vesting property or any interest in property in An Bord.

30.—The Ministers and Secretaries Act, 1924 , is hereby amended by the deletion in the Fourth Part of the Schedule of "The Metropolitan School of Art".

31.—Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

32.—This Act may be cited as the National College of Art and Design Act, 1971 .