S.I. No. 175/1983:

THE FIRE SERVICES COUNCIL (ESTABLISHMENT) ORDER, 1983.

THE FIRE SERVICES COUNCIL (ESTABLISHMENT) ORDER, 1983.

The Minister for the Environment in exercise of the powers conferred on him by section 16 of the Fire Services Act, 1981 (No. 30 of 1981) hereby orders as follows--

1. -- (1) This Order may be cited as the Fire Services Council (Establishment) Order, 1983.

(2) This Order shall come into effect on the 22nd day of June, 1983.

2. -- In this Order--

"the Council" means the body established under article 3 of this Order;

"the Minister" means the Minister for the Environment;

"ordinary member" means a member other than the Chairman of the Council.

3. -- (1) A body known as the Fire Services Council, is hereby established to provide such services for or on behalf of the Minister, or fire authorities, as the Minister may specify from time to time.

(2) The Council shall, at the request of the Minister,

( a ) provide or arrange for the provision of instruction for the personnel of fire services, and other persons, and

( b ) arrange for the conduct of examinations and tests, for the grant of certificates on the results thereof, and for the recognition of certificates and other awards of other bodies.

4. -- (1) The Council shall consist of a Chairman and such number of persons as the Minister may, by Order, from time to time appoint to be members of the Council.

(2) The term of office of a member of the Council shall be two years or such shorter period as may be specified by the Minister and each member shall hold office for the period for which he is appointed by the Minister unless he sooner dies, resigns by letter addressed to the Minister or is notified in writing by the Minister that his membership of the Council has been terminated by the Minister.

(3) The Minister shall appoint a Chairman who shall be a member of the Council and who shall hold office as Chairman of the Council as long as he remains a member of the Council, or until the Minister appoints another person to be Chairman.

(4) The Minister shall appoint from amongst the ordinary members a person to be the deputy chairman of the Council who shall hold office as deputy chairman as long as he remains a member of the Council, or until the Minister appoints another person to be deputy chairman.

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

(6) The quorum of the Council shall be one-third of its members, or if the number of members is not a multiple of three, one-third of the next higher number which is a multiple of three.

(7) At a meeting of the Council--

( a ) the Chairman shall, if present, be chairman of the meeting,

( b ) if and so long as the Chairman is not present or if the office of Chairman is vacant, the deputy chairman shall, if present, be chairman of the meeting.

(8) ( a ) The Chairman of the Council, and each ordinary member of the Council at a meeting thereof shall have a vote.

( b ) Every question at a meeting of the Council shall be determined by a majority of votes of the members present, and in the event that voting is equally divided, the chairman of the meeting shall have a casting vote.

(9) ( a ) The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members.

( b ) Subject to the provisions of this article, the Council may regulate its own procedure.

5. The Council may do all such things as may be necessary for the discharge of its functions, and in particular may--

( a ) organise or assist in the organisation of courses, seminars and conferences,

( b ) provide advisory services,

( c ) establish and maintain facilities for providing courses of instruction,

( d ) publish or otherwise make available information, material, films or other matter,

( e ) contribute, with the concurrence of the Minister, towards the expenses of a fire authority in sending fire service personnel on approved courses or in making persons available to provide training for personnel of other fire authorities or of other bodies,

( f ) receive subscriptions and make charges,

( g ) co-operate with other bodies,

( h ) establish committees and appoint to them representatives of such organisations, and such other persons, having responsibilities, knowledge or experience related to the purpose of such committees, and such members of the Council, as the Council may consider fit,

( i ) appoint or enter into agreements with consultants or other appropriate persons to advise or assist the Council in relation to any of its functions,

( j ) with the consent of the Minister, given with the consent of the Minister for Finance, borrow money,

( k ) with the consent of the Minister, purchase or take on lease any land or premises and with the like consent sell, let or otherwise dispose of any land or premises,

( l ) accept gifts of money, land or other property upon such trusts and conditions, if any, consistent with the functions of the Council, as may be specified by the donor,

( m ) provide such assistance either by way of grants, prizes or other form of sponsorship as the Council may from time to time determine in respect of activities provided for and undertaken with its approval by any person or committee.

6. -- (1) The Council shall provide itself with a seal.

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

7. -- (1) The Council shall cause to be kept proper accounts of all income and expenditure of the Council in each financial year and of the sources of such income and the subject matter of such expenditure and of the property, credits, and liabilities of the Council.

(2) The financial year of the Council shall be the period of twelve months ending on the 31st December in any year and for the purposes of this provision the period commencing on the date of the coming into effect of this order and ending on the 31st December, 1983 shall be deemed a financial year.

(3) An abstract of accounts of the Council in a form approved by the Minister, with the consent of the Minister for Finance, for each financial year, shall, as soon as may be after the end of such financial year, be prepared and shall be audited by and be subject to a report by an auditor appointed for the purpose by the Council with the consent of the Minister.

(4) A copy of the abstract of the accounts and the auditor's certificate and report thereon shall be presented to the Minister who shall, as soon as may be after such presentation, cause a copy of both the audited accounts and the report to be laid before each House of the Oireachtas.

(5) The Council shall, whenever requested by the Minister or by an officer of the Minister authorised for that purpose, supply such information as the Minister or such officer may require and shall permit such officer to examine the books and accounts of the Council in respect of any financial year or other period and the Council shall facilitate any such examination.

8. -- The Council shall make an annual report of its activities to the Minister who shall cause it to be laid before each House of the Oireachtas.

9. -- (1) The Council shall furnish to the Minister such information regarding the performance or proposals for the performance of its functions as the Minister may from time to time require.

(2) The Council shall, in accordance with any direction which may from time to time be given by the Minister, submit in each financial year a programme of activities for the following financial year and an estimate of the expenditure to be incurred on such activities.

10. -- (1) The Council may, with the consent of the Minister, appoint a person to manage the day to day business of the Council and to carry out such functions as may be assigned to him from time to time by the Council and the person so appointed shall be known as the Chief Executive Officer.

(2) The manner and terms of appointment of the Chief Executive Officer shall be such as are determined by the Minister with the consent of the Minister for the Public Service.

(3) The Chief Executive Officer shall be entitled to attend and speak at meetings of the Council.

11.-- ( a ) The Council may employ such and so many persons as the Council may, from time to time, think proper and in employing any such persons the Council shall comply with any directions given by the Minister relating to the procedure to be followed.

( b ) Every person employed by the Council shall perform such duties as the Council may, from time to time, assign to such person.

( c ) Every person employed by the Council and holding office in a whole-time permanent capacity shall cease to be so employed on attaining the age of sixty-five years.

( d ) Subject to the sanction or direction of the Minister given with the consent of the Minister for the Public Service, the Council shall determine the remuneration and conditions of service of persons employed by the Council and may, from time to time, alter the remuneration or conditions of service of any such persons.

12. -- The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Council by this Order shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may be exercised only with such consent.

13. --(1) Members and staff of the Council and members of any committee established by the Council shall not communicate any information relating to the work of the Council or committee, to any person other than the Minister or a person authorised by him to receive such information, unless they are duly authorised to do so or do so in the course of and in accordance with their duties as members of the Council, or any committee established by the Council or their employment by the Council.

(2) A person to whom subsection (1) applies shall take reasonable care to avoid any unauthorised communication of such information.

14. -- The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Council as if it were a local authority.

15. -- For the purpose of enabling the Council to perform its functions on and from the date of the coming into effect of this Order, the Council may enter into arrangements with the Minister for the supply by the Minister of any services required by the Council.

16. -- (1) The Chairman of the Council may be paid out of funds at the disposal of the Council such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for the Public Service.

(2) Travelling and subsistence allowances may be paid by the Council to such persons or classes of persons and in accordance with such scale and in such circumstances as may from time to time be approved by the Minister with the consent of the Minister for the Public Service.

17. -- The Minister may pay grants of such amounts as may be sanctioned by the Minister for Finance, out of monies to be provided by the Oireachtas, towards the expenses of the Council.

GIVEN under the Official Seal of the Minister for the Environment this

22nd day of June 1983.

DICK SPRING,

Minister for the Environment.

The Minister for Finance hereby agrees to the establishment by the above Order of the Fire Services Council.

GIVEN under the Official Seal of the Minister for Finance this

22nd day of June 1983.

ALAN M. DUKES

Minister for Finance.

The Minister for the Public Service hereby consents to the above Order.

GIVEN under the Official Seal of the Minister for the Public Service this

22nd day of June 1983.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

This Order establishes the Fire Services Council as a Corporate Body under the Fire Services Act, 1981 , to provide such services for or on behalf of the Minister and fire authorities as the Minister may specify from time to time including services such as the provision of instruction for the personnel of fire services and other persons; assisting in the preparation of guidelines, codes of practice, standards or regulations relating to fire safety; undertaking or arranging for research in relation to fire or fire safety matters and investigation of fires.

The Order also provides for the appointment of members of the Council and procedural and other related matters.