S.I. No. 120/1997:

THE NATIONAL COUNCIL ON AGEING AND OLDER PEOPLE (ESTABLISHMENT) ORDER, 1997

THE NATIONAL COUNCIL ON AGEING AND OLDER PEOPLE (ESTABLISHMENT) ORDER, 1997

The Minister for Health in exercise of the powers conferred on him by Sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) as amended by Section 22 of the Health (Amendment) Act No. 3, 1996 hereby orders as follows:

1. This Order may be cited as the National Council on Ageing and Older People (Establishment Order) 1997.

2. In this Order:

"the Council" means the National Council on Ageing and Older People established by this Order.

"the Chairperson" means the Chairperson for the time being of the Council.

"Officer" means an employee of the Council.

"the Minister" means the Minister for Health.

"Fund" means the grant or grants paid to the Council by the Minister.

3. (1) A body to be known as The National Council on Ageing and Older People is hereby established to perform the functions conferred upon it by this Order.

(2) The Council shall be a body corporate with perpetual succession and a seal and with power to sue and be sued with its corporate name and to hold land.

4. The functions of the Council are as follows:

(1) To advise the Minister for Health on all aspects of ageing and the welfare of older people, either on its own initiative or at the request of the Minister and in particular on:

( a ) measures to promote the health of older people;

( b ) measures to promote the social inclusion of older people;

( c ) the implementation of the recommendations contained in policy reports commissioned by the Minister for Health.

( d ) methods of ensuring co-ordination between public bodies at national and local level in the planning and provision of services for older people;

( e ) means of encouraging greater partnership between statutory and voluntary bodies in providing services for older people;

( f ) meeting the needs of the most vulnerable older people;

( g ) means of encouraging positive attitudes to life after 65 years and the process of ageing;

( h ) means of encouraging greater participation by older people

( i ) whatever action, based on research, is required to plan and develop services for older people.

(2) To assist the development of national and regional policies and strategies designed to produce health gain and social gain for older people by:

( a ) undertaking research on the lifestyle and the needs of older people in Ireland;

( b ) identifying and promoting models of good practice in the care of older people and service delivery to them;

( c ) providing information and advice based on research findings to those involved in the development and/or implementation of policies and services pertaining to the health, well being and autonomy of older people;

( d ) liasing with statutory, voluntary and professional bodies involved in the development and/or implementation of national and regional policies which have as their object health gain or social gain for older people.

(3) To promote the health, welfare and autonomy of older people.

(4) To promote a better understanding of ageing and older people in Ireland.

(5) To liase with international bodies which have functions similar to the functions of the Council.

The Council may also advise other Ministers, at their request, on aspects of ageing and the welfare of older people which are within the functions of the Council.

5. The Council may, in relation to the performance of its functions, publish documents, organise conferences, support initiatives and establish informal networks to promote healthy ageing.

6. (1) The Council shall consist of not more than thirty members appointed by the Minister. A minimum of four of the members shall be aged 65 years or over.

(2) The Minister shall appoint from amongst the members of the Council a Chairperson who shall hold office until he or she ceases to be a member of the Council or until the Minister appoints another person to be Chairperson.

(3) The term of office of a member of the Council shall be such period not exceeding four years from the date of appointment, as may be specified by the Minister when appointing him or her and he or she shall hold office for the period for which he or she is appointed unless he or she sooner dies, resigns or ceases to be a member in accordance with Article 6 of this Order.

(4) In the event of a casual vacancy arising through the death, resignation or cessation of membership under Article 6 of this Order of a member of the Council, the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as a member of the Council for the unexpired period of the term of office of the said member.

(5) A member shall cease to be a member of the Council on his or her being requested by the Minister to resign.

(6) The quorum of the Council shall be eight.

(7) The Council shall hold such and so many meetings as may be necessary for the performance of its functions.

(8) The Council may regulate by standing orders or otherwise, its procedure and business.

7. The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Council or any member thereof.

8. (1) The Chairperson may, at any time, upon giving not less than five working days notice call a meeting of the Council.

(2) If the Chairperson fails, neglects or refuses to call a meeting of the Council after a requisition for that purpose, signed by eight members of the Council has been presented to him or her, any eight members of the Council may forthwith on that refusal, call a meeting of the Council, such meeting not to be held until subsequent to the expiry of this period of five working days commencing on the day of such refusal.

9. At a meeting of the Council:

(1) the Chairperson shall, if he or she is present, be Chairperson of the meeting.

(2) if and so long as the Chairperson is not present, the members of the Council who are present shall choose one of their number of be Chairperson of the meeting.

10. Minutes of the proceedings of each meeting of the Council shall be kept and shall be verified by the Chairperson of the next ensuing meeting.

11. The names of the members present at a meeting of the Council shall be recorded in the records of the proceedings of the Council.

12. (1) A person shall not receive any remuneration for acting as a member of the Council.

(2) Members of the Council may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

13. (1) All acts of the Council and all questions coming or arising before the Council may be done and decided by a majority of such members of the Council as are present and vote at a meeting of the Council.

(2) In the case of equality of votes on any question arising at a meeting of the Council, the Chairperson of the meeting shall have a second or casting vote.

(3) A memorandum signed by all the members of the Council shall be effective for all purposes as a resolution of the Council passed at a meeting duly convened, held and constituted.

14. (1) In order to facilitate the discharge of the functions of the Council, the Council may establish committees whose functions shall be to assist and advise the Council in relation to the performance of its functions.

(2) The membership of such committees may consist of members of the Council and persons who are not members of the Council and a committee shall be limited to not more than sixteen members.

(3) Any committee so appointed shall act subject to such directives as may be given by the Council, and any expenditure of monies by such committee shall be subject to the approval of the Council.

(4) A member of a committee established under this section may be removed from membership at any time by the Council.

(5) The Council may at any time dissolve a committee appointed under this section.

(6) The acts of a committee established under this section shall be subject to confirmation by the Council unless the Council dispenses with the necessity of such confirmation.

(7) The Council may regulate the procedure of a committee established under this section but, subject to any such regulation, a committee established under this section may regulate its own procedure.

(8) A member of a committee established under this section shall not receive any remuneration for acting as a member of the committee, but may be paid such travelling and subsistence allowances as may be approved by the Minister.

15. (1) The Council shall, not later than the 30th day of September in each year, submit to the Minister a statement of its estimated budgetary requirements in respect of the following financial year.

(2) The Minister may pay to the Council, in each year out of monies provided by the Oireachtas, a grant or grants, of such amount or amounts as the Minister may decide.

16. (1) The Council shall keep all proper and usual accounts of all monies received or expended by the Council including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

(2) The financial year of the Council shall be the period of twelve months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1997, shall be deemed to be a financial year.

(3) A statement of accounts of the Council for each financial year shall be pre-pared and after such preparation be subject to audit by the Comptroller and Auditor General under Section (5) (First Schedule) of the Comptroller and Auditor General (Amendment) Act 1993 .

17. (1) The Council shall in each year, not later than 30th June, of each year make a report to the Minister of its activities during the preceding year.

(2) The Council shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time request.

18. (1) There shall be a chief officer of the Council who shall be called the "Director".

(2) The Director shall be appointed by the Council and shall hold office for such period and upon such terms and conditions (other than terms and conditions relating to remuneration and allowances for expenses) as the Council may, with the approval of the Minister, determine from time to time.

(3) The terms and conditions relating to the remuneration and allowances for expenses of the Director shall be such as may be determined from time to time by the Minister.

(4) The Director shall perform such functions as the Council may determine from time to time.

(5) The Director shall not be a member of the Council but shall be entitled to attend at all Council meetings unless the Council otherwise decides.

19. (1) The Council may, with the consent of the Minister, appoint such and so many employees as the Council may, from time to time think proper and in appointing any such employees, the Council shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) The Council shall, with the consent of the Minister, determine the remuneration and conditions of service of its employees.

(3) The Director shall, from time to time, assign such duties as he/she considers appropriate to each employee of the Council and each such employee shall perform the duties so assigned to him or her.

(4) Permanent employees of the Council shall be subject to normal public service retirement regulations.

(5) The Minister may, whenever and so often as he or she thinks fit, declare that any of the powers conferred on the Council by this Article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.

20. (1) The new Council shall be substituted for the old in any legal proceedings pending; transfer of assets and liabilities; preservation of continuing contracts; and the transfer of members of staff.

(2) Any person who, immediately before the establishment day of the Council was in the employment of the National Social Service Board (in this section referred to as the Board) as an officer with the National Council for the Elderly shall on that day become and be an employee of the Council and he or she shall, as an employee of the Council, be subject to, at least, the same terms and conditions of service to which he/she was subject immediately before that day as an employee of the Board.

21. Subject to the prior approval of the Minister, the Council may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this section shall be paid by the Council out of monies at its disposal.

22. (1) The Council shall, as soon as may be after the establishment day, provide itself with a seal.

(2) The seal of the Council shall be authenticated by the signature of the Chairman of the Council or some other member of the Council authorised by the Council to act in that behalf, and by the signature of an employee of the Council authorised by the Council to act in that behalf.

(3) All Courts shall take notice of the seal of the Council, and every document purporting to be an instrument made by the Council and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2) of this section) of the Council shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

23. (1) A member of the Council who is either directly or indirectly interested in any company or concern with which the Council proposes to make any contract, or in any contract which the Council proposes to make, shall disclose or cause to be disclosed to the Council the fact and nature of such interest at the meeting of the Council at which the question of entering into such a contract is first considered or, if he has no such interest at the time, as soon as he has acquired such interest in the proposed contract or, if made, in the contract.

(2) A disclosure under the preceding subsection shall be recorded in the records of the Council.

(3) Where a member of the Council has an interest (to which subsection (1) of this section relates) in a proposed contract or in a contract (if made), the member, at a meeting of the Council

( a ) shall take no part in any deliberations relating to the contract or proposed contract, except to such extent as the Chairman of the meeting may permit.

( b ) shall not vote upon any proposed decision relating to the contract or proposed contract, and

( c ) shall, for the purposes of sections 13(1) and 13(2) of this Order, be deemed not to be present while the contract or proposed contract is being deliberated or voted upon.

(4) Where the Minister is satisfied that a member of the Council has failed to comply with any requirement of subsection (1) or (3) of this section, he may, if he thinks fit, remove that member from membership of the Council, and, in a case where a person is removed from office pursuant to this subsection, he shall henceforth be disqualified for membership of the Council.

24. A person shall not, without the consent of the Council, disclose any information obtained by him while performing duties as a member or employee of, or a consultant or adviser to, the Council.

25. For the purpose of the performance of its functions:

(1) ( a ) The Council shall not borrow money without the prior consent of the Minister.

( b ) The borrowing of monies by the Council shall be subject to such terms and conditions (if any) as may be specified by the Minister.

(2) ( a ) The Council may acquire land or buildings subject to the general directions given by the Minister.

( b ) The Council may, subject to any general directions given by the Minister sell, exchange, let or otherwise dispose of any land or buildings vested in it.

( c ) The Council may charge fees for services it provides, including for consultancy services, for publications it produces and for attendance at events it organises.

26. Subject to the approval of the Minister:

(1) The Council may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Council may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Council.

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

27. The Council may invest any of its funds (not being funds to which section 26 (3) applies) in any manner in which a trustee is empowered by law to invest trust funds.

Given under the Official Seal of the Minister for Health this 19th day of March, 1997

    Michael Noonan T.D.

MINISTER FOR HEALTH

EXPLANATORY NOTE

The effect of this Order is to establish under the Health (Corporate Bodies) Act 1961 as amended by Section 22 of the Health (Amendment) Act, No. 3 1996, a body to be known as The National Council on Ageing and Older People which will, inter alia, advise the Minister for Health and other Ministers on all aspects of ageing and the welfare of older people. It succeeds the National Council for the Elderly, which is being wound-up, but will have a wider range of functions than its predecessor.