No. 20/1982:

NATIONAL COMMUNITY DEVELOPMENT AGENCY ACT, 1982

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Establishment day.

3. Establishment of Agency.

4. Functions of Agency.

5. Members of Agency.

6. Meetings, procedure, etc. of Agency.

7. Grants to Agency, etc.

8. Accounts and audits.

9. Annual report etc.

10. Chief Officer of Agency.

11. Employees of Agency.

12. Superannuation.

13. Membership of Houses of Oireachtas or Assembly of European Communities.

14. Consultants and advisers.

15. Donations.

16. Seal of Agency.

17. Disclosure of information.

18. National Social Service Board.

19. Regulations.

20. Exemption from stamp duty.

21. Expenses.

22. Short title.

ACTS REFERRED TO

Number 20 of 1982

NATIONAL COMMUNITY DEVELOPMENT AGENCY ACT, 1982

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY (TO BE KNOWN AS THE NATIONAL COMMUNITY DEVELOPMENT AGENCY) TO ADVISE THE MINISTER FOR HEALTH ON NATIONAL POLICY RELATING TO COMMUNITY DEVELOPMENT, SELF-HELP, POVERTY AND SOCIAL DEPRIVATION, TO SUPPORT VOLUNTARY ACTION BY THE COMMUNITY IN RELATION TO THOSE MATTERS AND TO PROMOTE GREATER PUBLIC UNDERSTANDING OF THEM, TO DEFINE THE POWERS AND FUNCTIONS OF THE AGENCY AND TO PROVIDE FOR OTHER CONNECTED MATTERS.

[28 July, 1982]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"the Agency" means the National Community Development Agency established by section 3 of this Act;

"the Chief Officer" has the meaning assigned to it by section 10 of this Act;

"the Minister", except where the context otherwise requires, means the Minister for Health;

"statutory body" means—

(i) a health board established under the Health Act, 1970 ,

(ii) a local authority for the purposes of the Local Government Act, 1941 ,

(iii) a board or other body established by or under statute.

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

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

3.—(1) There shall by virtue of this section be established on the establishment day a body to be known as the National Community Development Agency to perform the functions assigned to it by this Act.

(2) The Agency shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and, with the prior approval of the Minister, to acquire, hold and dispose of land, and (with such approval given with the consent of the Minister for Finance) to borrow money.

4.—(1) The functions of the Agency shall be—

( a ) to advise the Minister and make recommendations to him regarding community development policies and community development programmes, in relation to self-help, poverty and social services and, with the approval of the Minister, to undertake such programmes on an experimental basis in co-operation, where appropriate, with statutory bodies and voluntary agencies and to evaluate such programmes;

( b ) to promote and co-ordinate programmes in relation to self-help, poverty and social deprivation, with the object of achieving more effective action by statutory bodies and voluntary agencies;

( c ) to ascertain and specify communities in which there is a high degree of poverty and social deprivation;

( d ) to foster and assist, including by financial or material aid, projects of community involvement and activity, and to facilitate the mobilisation of self-help particularly in communities in which there is a high degree of poverty and social deprivation;

( e ) to advise the Minister on the social aspects of economic and social planning;

( f ) to advise the Minister on the development of community based services, including in particular improved training and the supply of community development staff;

( g ) to draw on and evaluate research on self-help, poverty and social deprivation by third level educational and other bodies, and to promote, and, with the approval of the Minister, to engage in, such research from time to time on specific projects;

( h ) to promote greater awareness, accessibility and co-ordination of social services;

( i ) to collect and disseminate information on community development, self-help, poverty and social deprivation;

( j ) to promote greater public understanding of the nature, causes and extent of poverty and social deprivation and the measures required to alleviate them;

( k ) to perform such tasks and submit such reports as the Minister may from time to time direct.

(2) The Minister may by regulations amend the functions of the Agency with the consent of the Minister for Finance.

(3) The Agency shall in the performance of its functions comply with such directions as may from time to time be given to it by the Minister.

(4) A statutory body may and, where the Minister having statutory responsibility for it so directs shall, co-operate with the Agency in the performance of its functions.

5.—(1) The Minister shall, as soon as may be after the establishment day, appoint not less than 12 and not more than 15 persons to be members of the Agency.

(2) A member of the Agency shall be appointed for such term not exceeding three years as the Minister may determine when appointing him.

(3) The Minister shall appoint two members of he Agency to be chairman and vice-chairman, respectively, of the Agency.

(4) Where the chairman or vice-chairman of the Agency ceases to be a member of the Agency he shall also thereupon cease to be such chairman or vice-chairman.

(5) The Minister may at any time remove a member of the Agency from the office of chairman or vice-chairman of the Agency.

(6) A member of the Agency shall cease to be a member of the Agency on his being requested in writing by the Minister to resign.

(7) Any member of the Agency (including the chairman and vice-chairman) may at any time resign his membership by letter addressed to the Minister and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of he meeting of the Agency held next after the receipt of the letter by the Minister.

(8) A member of the Agency (including the chairman and vice-chairman) whose term expires otherwise than under subsection (6) of this section shall be eligible for re-appointment.

(9) The proceedings of the Agency shall not be invalidated by any vacancy or vacancies amongst its members or by any defect in the appointment of any member of the Agency.

(10) The Minister may by regulations vary subsection (1) of this section.

6.—(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions, but not less than six meetings in every year.

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

(3) The procedures in relation to the holding of meetings shall be in accordance with a scheme which shall have been approved by the Minister.

(4) The Agency may appoint committees (which may include persons who an not members of the Agency) to facilitate the performance of its functions, and any such committee shall comply with any direction given to it by the Agency.

(5) A person shall not receive any remuneration for acting as a member of the Agency or as a member of a committee appointed under subsection (4) of this section, but may be paid such travelling and subsistence allowances as are approved by the Minister with the agreement of the Minister for the Public Service.

(6) Subject to this Act, the Agency shall regulate its procedure and business.

7.—(1) The Minister may, subject to such conditions as he thinks proper, pay to the Agency in each year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the prior approval of the Minister for Finance and after consultation with the Agency, may fix.

(2) The financial year of the Agency shall be the period of twelve months ending on the 31st day of December in any year, and the period from the commencement of this Act to the 31st day of December, 1982, shall be regarded as a financial year.

(3) The Agency shall, in relation to each financial year, prepare and send to the Minister (not later than a date specified by the Minister) an estimate of its total expenditure and receipts, and such estimates shall be in such form as the Minister may require.

8.—(1) The Agency shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper an d usual accounts of all moneys received or expended by it, including in particular all such special accounts as the Minister may from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted annually (not later than a date specified by the Minister) by the Agency to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts (and of any accounts kept pursuant to a direction of the Minister), together with the report of the Comptroller and Auditor General on the accounts, shall be sent by the Agency to the Minister.

(3) The Minister shall cause copies of accounts presented to him under this section, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

(4) The Agency shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Agency in respect of any period and shall facilitate any such examination.

9.—(1) The Agency shall, not later than six months after the end of its financial year, make a report to the Minister of its proceedings during that financial year and the Minister shall cause copies of the report to be laid before each House of he Oireachtas.

(2) The Agency shall supply the Minister with such information relating either to a report made under this section or to its activities (other than day-to-day administration) as he shall from time to time request.

(3) The Minister may from time to lime require the Agency to prepare and submit to the Minister particulars of its plans regarding the performance of its functions in the future, and any requirement made by the Minister under this subsection shall be complied with by the Agency.

10.—(1) The Agency shall appoint a person who shall be called and shall act as the Chief Officer of the Agency and who is referred to in this Act as "the Chief Officer".

(2) The Chief Officer shall hold office on such terms and conditions, and shall carry out such duties, as the Agency from time to time determines, subject to the approval of the Minister given with the consent of the Minister for the Public Service.

(3) The Agency shall pay to the Chief Officer such remuneration and allowances as he Minister from time to time determines with the consent of the Minister for the Public Service.

11.—(1) In addition to the Chief Officer, the Agency may appoint such and so many persons to be employees of the Agency (subject to the approval of the Minister, given with the consent of the Minister for Finance, as to the number and kind of such employees) as the Agency from time to time determines, and in appointing any such person the Agency shall comply with any direction given by the Minister (with such consent) relating to the procedure to be followed.

(2) Every employee of he Agency holding office in a permanent capacity shall cease to hold office on attaining the age of 65 years.

(3) Employees of the Agency shall hold their employment on such terms and conditions as the Agency from time to time determines, subject to the approval of the Minister given with the consent of the Minister for the Public Service.

(4) The Chief Officer shall from time to time assign such duties as he considers appropriate to each employee and each such employee shall carry out the duties so assigned.

(5) The Agency shall pay to its employees out of moneys at its disposal such remuneration and allowances for expenses as the Agency determines, subject to the approval of the Minister given with the consent of the Minister for the Public Service.

(6) In making a determination under subsection (3) or (5) of this section the Agency shall act in accordance with the directions of the Minister and shall have regard to any arrangements in operation for conciliation and arbitration for persons affected by the determination.

12.—(1) The Agency shall as soon as may be after the establishment day prepare or cause to be prepared a scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of the employees of the Agency.

(2) A scheme under this section shall be subject to the approval of the Minister, with the consent of the Minister for the Public Service, and may be amended by the Agency with the like approval and the like consent.

(3) A pension, gratuity or other allowance shall not be granted by the Agency on the resignation, retirement or death of an employee of the Agency otherwise than in accordance with a scheme approved under this section.

13.—(1) Where a member of the Agency is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall thereupon cease to be a member of the Agency.

(2) Where a person who is employed by the Agency is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas, or to the Assembly of the European Communities or is appointed to such Assembly, he shall stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances—

( a ) in case he is nominated as a member of Seanad Éireann or is appointed to such Assembly in respect of the period commencing on such nomination or appointment (as the case may by) and ending when he ceases to be a member of Seanad Éireann or such Assembly,

( b ) in case he is nominated as a candidate for election to either such House or to such Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or that Assembly (as the case may be) or fails to be elected or withdraws his candidature, as may be appropriate.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Agency or from employment in any capacity by the Agency.

(4) Without prejudice to the generality of subsection (2) of this section, that subsection shall be construed as prohibiting the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with the Agency for the purpose of any superannuation benefit.

14.—Subject to the prior approval of the Minister, the Agency 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 Agency out of moneys at its disposal.

15.—(1) Subject to the consent of the Minister, the Agency may accept gifts of money, land and other property, on such trusts and conditions (if any) as may be specified by the donor.

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

(3) The Agency shall not solicit gifts or donations.

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

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

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

17.—(1) A person shall not, without the consent of the Agency, disclose any information obtained by him while performing duties as a member or employee of, or a consultant or adviser to, the Agency.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(3) Nothing in subsection (1) of this section shall prevent—

( a ) disclosure of information in a report made to the Agency or (on behalf of the Agency) to the Minister,

( b ) disclosure of information by a member or employee of the Agency for the purpose of a scheme of research or development.

18.—On the establishment day—

( a ) any person who is in the employment of the body known as the National Social Service Board shall become an employee of the Agency;

( b ) all property vested in, belonging to or held in trust for, the body known as the National Social Service Board shall be transferred to the Agency;

( c ) every debt and other liability of the body known as the National Social Service Board shall be transferred to the Agency;

( d ) every bond, guarantee, contract and agreement made or given by the body known as the National Social Service Board shall continue in force and shall be enforceable by or against the Agency;

( e ) in every action, suit, prosecution or other proceeding which stands pending and to which the body known as the National Social Service Board is a party, the Agency shall take the place of that Board.

19.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

20.—Stamp duty shall not be chargeable on any conveyance, transfer or other instrument executed for the purposes of vesting property or any interest in property in the Agency.

21.—The 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.

22.—This Act may be cited as the National Community Development Agency Act, 1982 .