S.I. No. 97/1997:

THE NATIONAL SOCIAL WORK QUALIFICATIONS BOARD (ESTABLISHMENT) ORDER, 1997

THE NATIONAL SOCIAL WORK QUALIFICATIONS BOARD (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) (No. 3) Act 1996 , (No. 32 of 1996) hereby orders as follows:

1. This Order may be cited as the National Social Work Qualifications Board (Establishment) Order, 1997.

2. In this Order:

"the Board" means the National Social Work Qualifications Board established by this Order;

"the Chairperson" means the Chairperson for the time being of the Board;

"the Minister" means the Minister for Health;

"health board" means a health board established under the Health Act, 1970 ;

"fund" means the grant or grants paid to the Board by the Minister;

"establishment day" means the 27th day of February, 1997;

"letter of accreditation" means a letter certifying that the bearer has a non national qualification;

"officer" means an employee of the Board;

"N.Q.S.W." means the National Qualification in Social Work obtained in the State and "national qualification" shall be construed accordingly;

"non-national qualification" means a professional social work qualification obtained outside the State, which is recognised by the National Social Work Qualifications Board as equivalent to the National Qualification in Social Work;

"practice teacher" means a social worker who supervises students on practice placements on courses recognised by the National Social Work Qualifications Board;

"social worker" for the purposes of this Order means the holder of a professional qualification recognised by the National Social Work Qualifications Board;

"recognised course" means a course the content of which has been recognised by the National Social Work Qualifications Board as being a course leading to the award of the NQSW.

3. (1) A body to be known as the National Social Work Qualifications Board is hereby established to perform the functions conferred upon it by this Order.

(2) The Board 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.

(3) All courts shall take judicial notice of the seal of the Board so established and every document purporting to be an order or other instrument made by the Board and to be sealed with its seal (purporting to be authenticated in the manner provided for in this Order) shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.

4. The National Validation Body on Social Work Qualifications and Training shall be dissolved on the establishment day.

5. The functions of the Board shall be to--

( a ) carry out any and all functions carried out by the National Validation Body on Social Work Qualifications and Training prior to the making of this Order,

( b ) grant the NQSW to persons who have successfully completed recognised courses,

( c ) advise on the equivalence of qualifications obtained otherwise than in an Irish third level institution,

( d ) advise the Minister, health boards, other health agencies and voluntary hospitals. Government Departments, public sector employers and other employers as to which courses provided in the State have been recognised by the National Social Work Qualifications Board for the purpose of awarding the NQSW, should any of the above seek such advice,

( e ) advise the Minister of the standards which should inform the education and training of Social Workers in the State,

(f) advise the Minister and other relevant Ministers of the specific content of recognised courses, having consulted with Government Departments who employ social workers,

( g ) determine and agree, in consultation with third level institutions providing, or proposing to provide at any time in the future, academic and professional social work education and training, the development of course content for the education and training of Social Workers in the State,

( h ) assess from time to time, as occasion may require, but in any event not less than once in every five years--

(i) the suitability of the social work education and training provided by any institution recognised by the Board for such purpose,

(ii) the standards of theoretical and practical knowledge required for social work qualifications,

(iii) whether the education and training of social workers meet the requirements as laid down in EU Directives and other legislation passed by the Council of the European Communities.

(i) maintain in accordance with rules made by the Board a record of NQSW. certificates granted to social workers who have successfully completed recognised courses pursuant to paragraph (b) of this article,

( j ) issue letters of accreditation to social workers with non-national qualifications,

( k ) maintain in accordance with rules made by the Board a record of letters of accreditation issued to social workers with non-national qualifications,

( l ) engage in research into the education and training of social workers including the formulation of experimental curricula and the evaluation of existing programmes and examinations and assessment procedures,

( m ) maintain statistical records and make such records available for research and planning, including manpower planning purposes, and

( n ) undertake such other appropriate tasks and functions as may be assigned to the Board from time to time by the Minister.

6. (1) Any reference in any legislation to the National Validation Body on Social Work Qualifications and Training shall, immediately subsequent to the making of this Order, be taken to be a reference to the Board.

(2) The establishment of the Board shall not invalidate any courses recognised or certificates granted by the National Validation Body on Social Work Qualifications and Training and such courses and certificates shall continue to have effect as if they were granted by the Board.

(3) The new Body 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.

7. (1) The membership of the Board shall consist of not more than seventeen persons who shall be appointed by the Minister as follows--

( a ) two shall be persons appointed on the nomination of a body recognised by the Minister as being representative of social workers,

( b ) two shall be persons appointed on the nomination of a trade union which in the opinion of the Minister is representative of the majority of social workers,

( c ) one shall be a person representative of practice teachers,

( d ) three shall be persons appointed from Colleges providing a recognised course leading to the NQSW that is to say University College Dublin, University College Cork and Trinity College Dublin; such members to be appointed on the nomination of the Head of the College and be employed in the College Department providing the recognised course,

( e ) one shall be a person representative of the management of health boards,

( f ) one shall be a person representative of the management of hospitals, other than hospitals administered by health boards, which employs social workers,

( g ) one shall be a person representative of the Probation and Welfare Service of the Department of Justice, nominated by the Minister for Justice,

( h ) one member shall be a person appointed on the nomination of the Minister for the Environment,

( i ) one shall be a person representative of the interest of the general public, and

( j ) three shall be persons with a special interest or expertise in social services.

(2) The Chairperson of the National Validation Body on Social Work Qualifications and Training shall be the Chairperson of the first Board appointed by the Minister pursuant to this Order. The Chairperson of each subsequent Board shall be appointed by the Minister from among the membership of that Board.

(3) Members of the Board may be paid travelling and subsistence allowances in accordance with such scales as may from time to time be approved by the Minister, with the consent of the Minister for Finance.

8. ( a ) The members of the first Board appointed by the Minister pursuant to this Order shall hold office until 16th May, 1999. The membership of each subsequent board shall hold office for a period of four years.

( b ) No person shall hold office as a member of the Board for more than two consecutive terms of four years.

9. ( a ) The Minister may at any time terminate the appointment of a member of the Board who was appointed by him.

( b ) A member of the Board may resign his or her membership by giving notice in writing signed by him or her to the Board, but the resignation shall not become effective until the meeting of the Board next held after receipt of the notice of resignation.

10. ( a ) Whenever a casual vacancy occurs among the members of the Board other than those appointed by election, the Board shall forthwith notify the Minister who, following consultation with such body or organisation as he considers suitable to advise him shall, as soon as is convenient, appoint a person to fill such vacancy and any person so appointed shall serve as a member of the Board for such period as is unexpired of the term of office of the person whom he or she replaces.

( b ) Whenever a casual vacancy occurs among the members of the Board appointed by election, the Board shall co-opt a person who would, pursuant to the provisions of this Order, be eligible for election to fill such vacancy and any person so co-opted shall serve as a member of the Board for such period as is unexpired of the term of office of the person whom he or she replaces.

11. The quorum for a meeting of the Board shall be five.

12. The Board shall hold at least four meetings in every year and may hold such other meetings as may be necessary for the performance of its duties.

13. (1) The Board shall, from time to time, elect one of its members to be Vice-Chairperson of the Board.

(2) A Vice-Chairperson of the Board shall hold office as such for terms as may be specified by the Board at the time of his or her appointment unless--

( a ) he or she ceases to be, or becomes disqualified from being, a member of the Board,

( b ) he or she resigns the office of Vice-Chairperson and his or her resignation becomes effective under this paragraph,

( c ) the Board by a resolution for which not less than two-thirds of the members of the Board vote, and of the intention to propose which not less than seven days notice is given to every member of the Board, terminates his or her appointment as Vice-Chairperson,

(3) A Vice-Chairperson of the Board may at any time resign his or her office by giving notice in writing signed by him or her to the Board but the resignation shall not become effective until the meeting of the Board next held after the receipt by the Board of the notice of resignation.

(4) If at an election of the Vice-Chairperson of the Board, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be Vice-Chairperson.

14. The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Board or in the qualifications of any member thereof.

15. The Chairperson, or in his or her absence, the Vice-Chairperson of the Board may, on his of her own initiative, or, shall, when he or she is requested so to do by a requisition signed by not less than ten members of the Board, convene a meeting of the Board.

16. (1) If the Chairperson, or in his or her absence, the Vice-Chairperson of the Board refuses to convene a meeting of the Board after a requisition for that purpose signed by not less than ten members of the Board has been presented to him or her, any five members of the board may forthwith convene a meeting of the Board.

(2) If the Chairperson, or in his or her absence, the Vice-Chairperson of the Board, without so refusing, does not, within seven days after the presentation of a requisition for that purpose signed by not less than ten members of the Board convene a meeting of the Board, any five members of the Board may, on the expiration of those seven days, convene a meeting of the Board.

17. At least three clear days before every meeting of the Board, notice, signed by the Chairperson or Vice-Chairperson of the Board, as the case may be, or, if the meeting is convened by members of the Board, by such members, of the time and place of the meeting shall be sent to every member of the Board: if the meeting is convened by members of the Board, the notice convening the meeting shall specify the business to be transacted thereat.

18. At a meeting of the Board--

( a ) the Chairperson of the Board shall, if he or she is present, be the Chairperson,

( b ) if and so long as the Chairperson of the Board is not present, or if the office of Chairperson is vacant, the Vice-Chairperson of the Board shall, if he or she is present, be the Chairperson.

( c ) if and so long as the Chairperson of the Board is not present or the office of Chairperson is vacant and the Vice-Chairperson of the Board is not present or the office of Vice-Chairperson is vacant, the members of the Board who are present shall elect one of their number to be chairperson of that meeting.

19. Minutes of the proceedings of all meetings of the Board shall be drawn up and entered in a book kept for that: purpose and such minutes shall be signed by the chairperson of the next ensuing meeting.

20. The names of all members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting.

21. Subject to articles 11 and 13 (4) of this Order, all acts of the Board and all questions coming or arising before the Board may be done and decided by a majority of such members of the Board as are present and vote in relation to the act or matter at a meeting of the Board duly convened according to law.

22. In the case of equality of votes on any question arising at a meeting of the Board (other than election of the Vice-Chairperson) the chairperson of that meeting shall have a second or casting vote.

23. Save as is otherwise provided by any order, including this Order, the Board may make standing orders for the regulation of its proceedings, and may amend or revoke such standing orders.

24. (1) The Board may establish committees to assist and advise the Board in relation to the performance of its functions,

(2) Membership of a committee established by the Board may include persons who are not members of the Board.

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

(4) Any committee so appointed may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister with the consent of the Minister for Finance.

25. The seal of the Board shall be authenticated by the signature of the Chairperson or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.

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

(2) The Minister may pay to the Board, in each 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 the Board may fix.

27. (1) The Board shall keep all proper and usual accounts of all monies received or expended by the Board 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 board 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 Board for each financial year shall be prepared 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 .

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

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

29. (1) There shall be a chief officer of the Board who shall be called the Director of the Board and is in this Order referred to as "the Director".

(2) The Director shall be appointed by the Board 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 Board may, with the approval of the Minister given with the consent of the Minister for Finance, 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 with the consent of the Minister for Finance.

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

(5) The Director shall not be a member of the Board.

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

(2) The Board shall, with the consent of the Minister and the approval of the Minister for Finance, determine the remuneration and conditions of service of its officers.

(3) The Director may from time to time, assign such duties as he/she considers appropriate to each officer and each such officer shall carry out the duties so assigned.

(4) Permanent officers of the Board shall retire at 65 years.

(5) The Minister may, whenever and so often as he or she thinks fit, declare that any of the powers conferred on the Board 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.

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

32. (1) ( a ) The Board shall not borrow money without the prior consent of the Minister given with the concurrence of the Minister for Finance.

( b ) The borrowing of moneys by the Board shall be subject to such terms and conditions (if any) as may be specified by the Minister with the consent of the Minister or Finance.

(2) ( a ) The Board may acquire land or buildings subject to the general directions given by the Minister with the consent of the Minister for Finance.

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

33. The Board may charge such fees as may, from time to time, be determined by the Board, with the consent of the Minister, for--

( a ) the giving to any person of a certificate of qualification,

( b ) the giving to any person of a certificate of recognition of qualification,

( c ) any other service which the Board may, from time to time, provide.

34. Subject to the approval of the Minister and the consent of the Minister for Finance, the Board--

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

35. The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the Functions of the Board.

36. The Board may invest any of its funds in any manner in which a trustee is empowered by law to invest funds.

37. A person shall not, without the consent of the Board, disclose any information deemed by the Board to be of a sensitive or confidential nature obtained by that person while performing or as a result of having performed duties as a member or employee of, or a consultant or adviser to, the Board or a committee established pursuant to article 24 of this Order.

38. (1) A member of the Board who has either a direct or indirect interest in any company or concern with which the Board proposes to enter into any contract, or in any other contract which the Board proposes to make--

( a ) shall disclose to the Board the fact and the nature of such interest at the meeting of the Board at which the question of entering into such a contract is first considered or, if he or she has no such interest at that time, as soon as may be after he or she has acquired such interest,

( b ) shall take no part in any deliberations of the Board relating to such a contract save to such extent as the Chairperson of the Board may permit,

( c ) shall not vote on a decision relating to such a contract, and

( d ) shall not be counted in the quorum present at any meeting while such a contract (if made) or such a proposal is being considered.

(2) A disclosure under this article shall be recorded in the minutes of the Board.

(3) Where the Minister is satisfied that a member of the Board has failed to comply with a requirement of sub-article (1) of this article, the Minister may, if he or she thinks fit, remove that member from office and a person so removed shall thenceforth be disqualified from membership of the Board.

GIVEN under the Official Seal of the Minister for Health, this

27th day of February, 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, 1996 a body to be known as the National Social Work Qualifications Board which will, inter alia, advise as to the recognition of Irish qualifications and the equivalence of qualifications other than those obtained in an Irish third level institution.