S.I. No. 327/1987:

THE NATIONAL SAFETY COUNCIL (ESTABLISHMENT) ORDER, 1987.

THE NATIONAL SAFETY COUNCIL (ESTABLISHMENT) ORDER, 1987.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971) hereby orders as follows:

1. This Order may be cited as the National Safety Council (Establishment) Order, 1987.

2. In this Order--

"the Chairman" means the Chairman of the Council appointed by the Minister under article 6(3) of this Order;

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

"the Fire Prevention Council" means the Fire Prevention Council established by the Fire Prevention Council (Establishment) Order 1978 ( S.I. No. 206 of 1978 );

"the Irish Water Safety Association" means the Irish Water Safety Association established by the Irish Water Safety Association (Establishment) Order, 1980 ( S.I. No. 244 of 1980 );

"local authority" means the Council of a County, the Corporation of a County or other Borough or the Council of an Urban District;

"the Minister" means the Minister for the Environment;

"the National Road Safety Association" means the National Road Safety Association established by the National Road Safety Association (Establishment) Order, 1974 ( S.I. No. 103 of 1974 );

3. A body known as Comhairle Sábháilteacht Náisiúnta or, in the English language, the National Safety Council is hereby established to provide the services specified in article 4.

4. (1) The Council shall provide the following services--

( a ) the promotion of public awareness of fire safety, road safety and water safety,

( b ) the promotion of measures, including the advancement of education, relating to the prevention of accidents caused by fire, accidents on roads and accidents in water, and

( c ) the provision of instruction in water rescue and in resuscitation.

(2) In matters relating to the services it provides under sub-article (1) the Council may--

( a ) organise conferences, training courses and competitions,

( b ) provide advisory services and arrange publicity and educational programmes,

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

( d ) receive subscriptions and make charges,

( e ) promote or assist in the development of appropriate safety codes, systems and equipment,

( f ) conduct examinations and issue certificates and awards,

( g ) promote efficiency and standardisation of lifeguard services,

( h ) promote measures for the recovery of bodies of victims of drowning accidents, and

( i ) co-operate with other bodies, including local authorities.

5. (1) The Minister may, from time to time, give to the Council such general directives in relation to all or any of the services which the Council may provide as he considers appropriate.

(2) In providing its services, the Council shall comply with directives given by the Minister.

6. (1) The Council shall consist of not more than ten members who shall be appointed by the Minister.

(2) The term of office of a member of the Council shall not exceed three years and each member shall hold office for the period for which he is appointed 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 of the Council who shall be a member of the Council and who shall hold office as such Chairman for so long as he remains a member of the Council or until the Minister appoints an other person to be Chairman, or until he resigns as Chairman by letter addressed to the Minister.

(4) ( a ) The quorum of the Council shall be one-third of its membership, 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.

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

( c ) Subject to the provisions of paragraphs (a) and (b) of this sub-article, the Council may regulate its own procedure.

7. (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 another person duly authorised by the Council to act in that behalf.

8. (1) The Council shall cause to be kept proper accounts of all income and expenditure of the Council in each 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) An abstract of accounts of the Council in a form approved by the Minister, with the consent of the Minister for Finance, for each year, shall, as soon as may be after the end of such 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.

(3) A copy of the abstract of accounts and the auditor's certificate and report thereon shall be presented to the Minister as soon as the auditor's certificate and report have been completed.

(4) The Council shall, when 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 the Minister or such officer to examine the books and accounts of the Council in respect of any year or other period and the Council shall facilitate any such examination.

9. The Council shall, in the first six months of each year, make a report to the Minister of its activities during the preceding year.

10. (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 year a programme of activities for the following year and the estimate of the expenditure to be incurred on such activities.

11. (1) Subject to sub-article (2), the Council may appoint committees to perform such functions of the Council as it may determine.

(2) The Minister may given directions to the Council in relation to committees appointed under sub-article (1). Such directions may relate to the functions, membership and procedures of the committees and to such other matters as the Minister may consider appropriate, including the delegation of functions.

12. (1) The Council may do all such things as may be necessary to provide for the effective carrying out of its services.

(2) In particular, the Council may--

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

( b ) with the consent of the Minister, purchase of lease any land or premises and with the like consent sell, let or otherwise dispose of any land or premises vested in the Council;

( c ) accept gifts of money, land and other property upon such trusts and conditions, if any, consistent with the provision of the Council's services, as may be specified by the donor;

( d ) make an arrangement with the Minister or, with his consent, with a person or body, for the use by the Council of premises and equipment belonging to the Minister or that person or body and for the use of the services of officers and servants of the Minister or that person or body;

( e ) 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 undertaken with its approval by any person.

13. (1) The Council shall, 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 Finance.

14. (1) The Council may employ such and so many persons as it may, from time to time, think proper and in employing any such persons the Council shall comply with any directions given by the Minister with the consent of the Minister for Finance relating to the procedure to be followed.

(2) the number and classes of such persons who may be employed by the Council shall be as determined by the Minister with the consent of the Minister for Finance.

(3) Every person employed by the Council shall carry out such duties as the Council may from time to time assign to such person.

(4) Subject to the sanction or direction of the Minister, given with the consent of the Minister for Finance, 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.

(5) Every officer of the Council holding office in a wholetime permanent capacity shall cease to hold office on attaining the age of sixty-five years or may be required to retire at any time after attaining the age of sixty years.

15. (1) The Council may provide for the payment of benefits to or in respect of persons employed by the Council in accordance with a scheme or schemes, including amending schemes, approved by the Minister with the consent of the Minister for Finance.

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 Finance.

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

17. (1) Articles 8, 9, and 10 shall not apply as respects the period between the date of this Order and 31st day of December, 1987.

(2) The Council shall prepare an abstract of the accounts, in a form approved by the Minister, of the Fire Prevention Council, the National Road Safety Association and the Irish Water Safety Association for the year 1987 as soon as may be after the end of the said year. The said abstract 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.

(3) A copy of the abstract of the accounts referred to in sub-article (2) and the auditor's certificate and report thereon shall be presented to the Minister as soon as the auditor's certificate and report have been completed.

GIVEN under the Official Seal of the Minister for the Environment this 18th day of December, 1987.

PADRAIG FLYNN,

Minister for the Environment.

The Minister for Finance hereby agrees to the establishment by the above Order of the National Safety Council.

GIVEN under the Official Seal of the Minister for Finance this 18th day of December, 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE

This Order establishes, under the Local Government Services (Corporate Bodies) Act, 1971 , a Council to provide services relating to the promotion of public awareness of fire safety, road safety and water safety, the promotion of measures, including the advancement of education, aimed at the prevention of accidents caused by fire, on roads and in water and the provision of instruction in water rescue and resuscitation.

The Order provides for the appointment of members to the Council by the Minister and the appointment by the Council subject to any directive which the Minister may give, of committees to perform such functions as the Council may determine. The Order also provides for procedures, staffing arrangements and other related matters.