S.I. No. 373 of 2003

ORDER

entitled

State Examinations Commission (Establishment) Order 2003

I, Minister for Education and Science in exercise of the functions conferred on me by section 54 of the Education Act 1998 ( No. 51 of 1998 ), with the concurrence of the Government, and having caused a draft to be laid before each House of the Oireachtas and a resolution approving of the draft having been passed by each such House, hereby order as follows:

1.         This Order may be cited as the State Examinations Commission (Establishment) Order 2003.

2.         (1)        In this Order, unless the context otherwise requires -

“Act” means No. 51 of 1998 );

“Chief Executive” means that person appointed in accordance with Article 19;

“Commission” means the State Examinations Commission established under this Order; and

“examinations” means any examination standing specified for the time being in schedule 2 to the Act.

(2)        In this Order a reference to -

(a)  an article is a reference to an Article of this Order unless it is indicated that reference to some other enactment is intended,

(b)  a paragraph is a reference to a paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c)  A subparagraph is a reference to a subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3.         There shall stand established on the establishment day a body to be known as the State Examinations Commission, which shall perform the functions conferred on it by or under this Order.

4.         The 6^th day of March 2003 is appointed to be the establishment day for the purposes of Article 3.

5.         The seal of the Commission shall be authenticated by the signature of

(a)        the chairperson of the Commission or another member of the Commission authorised by it to act in that behalf, or

(b)        the Chief Executive of the Commission authorised by the Commission to act in that behalf.

6.         (1)        The functions of the Commission shall be to -

(a)        organise the holding of examinations,

(b)        ensure the preparation of examination papers and other examination materials,

(c)        determine procedures in places where examinations are conducted including the supervision of examinations,

(d)        make arrangements for the marking of work presented for examination,

(e)        issue the results of examinations,

(f)        determine procedure to enable the review and appeal of results of examinations at the request of candidates,

charge and collect fees for examinations and apply such monies to the carrying out of its functions, and

designate places where examinations may be held.

(2)       The Commission shall have all such powers as are necessary for or are incidental to the performance of its functions under this Order.

7.         (1)       The Commission shall have 5 members.

(2)       The members of the Commission shall be appointed by the Government on the nomination of the Minister.

(3)       The Government, on the nomination of the Minister, shall designate one member of the Commission as chairperson and one member of the Commission as deputy chairperson of the Commission.

(4)       The Minister shall have regard to the desirability of a gender balance in the membership of the Commission as the Minister considers appropriate and determines, from time to time, when making nominations for the Commission.

8.         (1) A person shall not be eligible to be a member of the Commission at a particular time if that person -

is at that time entitled under the Standing Orders of either House of the Oireachtas to sit therein,

is at that time a representative in the European Parliament,

is at that time an undischarged bankrupt,

within the 3 years preceding that time made a composition or arrangement with creditors, or

within the 5 years preceding that time has served a term of imprisonment imposed by a court of competent jurisdiction.

(2) Where a member of the Commission -

is nominated as a member of Seanad éireann,

is elected as a member of either House of the Oireachtas or to be a representative in the European Parliament,

(c)        is regarded pursuant to Part XIII of the Second Schedule to No. 2 of 1997 ) as having been elected to the European Parliament to fill a vacancy,

(d)        is adjudicated bankrupt or makes a composition or arrangement with creditors, or

(e)        is sentenced to a term of imprisonment by a court of competent jurisdiction,

that member shall thereupon cease to be a member of the Commission.

9.         The quorum for a meeting of the Commission shall be 3.

10.       The term of office of a member of the Commission shall be such period not exceeding 5 years as may be specified by the Government when appointing that member and the member shall hold office for the period for which he or she is appointed unless he or she sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with Article 8 or 1

11        (1)        The Government may, at any time, remove a member of the Commission from office if he or she has committed stated misbehaviour or if his or her removal appears necessary to the Government for the effective performance by the Commission of its functions.

(2)        The Government may, at any time, for reasons stated in writing to the members of the Commission, remove all such members from office.

(3)        A member of the Commission may, at any time, resign from office as such member by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.

(4)        A member of the Commission who is absent from all meetings of the Commission for a period of six consecutive months, unless such absence was due to illness or was approved by the Commission, shall be disqualified at the expiry of such period from continuing to be a member of the Commission for the remainder of that person's term of office.

(5)        A member of the Commission whose term of office expires by effluxion of time shall be eligible for re-appointment.

12.       The members of the Commission may be paid such remuneration and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

13.       The Commission shall hold at least 6 meetings in each year and subject to Article 15, such and so many other meetings as the chairperson deems necessary.

14.       The Commission may act notwithstanding any vacancy or vacancies among its members.

15.       The chairperson shall convene a meeting of the Commission whenever requested to do so by not less than 3 members.

16.       At a meeting of the Commission -

(a)        the chairperson shall, if present, be the chairperson of the meeting,

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

(c)        if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting.

17.       Every question at a meeting of the Commission shall be determined by a majority of the votes of members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

18.       Subject to this Order and the Act, the Commission shall regulate, by standing orders or otherwise, its procedure and business.

19.       1          Subject to paragraph (3), the Commission shall from time to time appoint a person as chief executive officer of the Commission in a

whole-time capacity who shall be known as and is referred to in this Order as the “Chief Executive”.

(2)        The Minister shall appoint a person to be the first Chief Executive.

(3)        The Chief Executive shall be an employee of the Commission.

(4)        The Chief Executive shall carry on, manage and generally control the administration of the Commission and shall manage and control the staff of the Commission.

20.                   (1)        The Chief Executive may delegate any of his or her functions to another employee of the Commission, and the employee concerned shall be accountable to the Chief Executive for the performance of the functions so delegated.

(2)        The Chief Executive shall, nothwithstanding any delegations made by him or her in accordance with paragraph (1), at all times remain accountable to the Commission for the performance of any functions so delegated.

21.       The Chief Executive shall not hold any other office or position without the consent of the Commission and the Minister.

22.       The Chief Executive shall hold office subject to such terms and conditions which may include secondment from another office or employment, and receive such remuneration as the Minister, with the consent of the Minister for Finance, from time to time determines.

23.       The Chief Executive shall not be a member of the Commission but shall, in accordance with procedures established by the Commission, attend meetings of the Commission and shall be entitled to speak at and advise such meetings.

24.       (1        The Commission, with the consent of the Minister and the Minister for Finance, may appoint such and so many persons to be employees of the Commission as the Commission thinks appropriate.

(2)       Each employee of the Commission appointed under paragraph (1) shall perform such duties as the Commission or the Chief Executive may, from time to time, assign.

25.       (1)        The Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 to 1996, shall apply to -

(a)        persons transferred into the employment of the Commission from the Civil Service of the State on the establishment day, and

(b)        such other employees of the Commission as the Minister, with the consent of the Minister for Finance, may, from time to time, determine.

26.       (1)        Save in accordance with a collective agreement negotiated with any recognised trade union or staff association, a person seconded to the Commission shall not, while in the service of the Commission, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before becoming an employee of the Commission.

(2)        Save in accordance with a collective agreement negotiated with any recognised trade union or staff association, an employee of the Commission who was a civil servant in the Civil Service of the State immediately before being an employee of the Commission, shall not, while in the service of the Commission be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the becoming an employee of the Commission.

27.       Subject to Article 26, the Commission, with the consent of the Minister and the Minister for Finance, shall determine the remuneration and conditions of service of employees of the Commission.

28.       The Commission shall cause to be kept proper accounts of all income and expenditure of the Commission, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Commission.

29.       The financial year of the Commission shall be the period of 12 months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the establishment day specified in Article 4 and ending on the 31st day of December 2003 shall be deemed to be a financial year.

30.       (1)        A statement of accounts of the Commission for each financial year shall be prepared, as soon as may be, but in any event not more than 6 months, after the end of such financial year.

A copy of the accounts kept in pursuance of Article 28 shall be submitted as soon as practicable following the accounting period to which they relate by the Commission to the Comptroller and Auditor General for audit.

(3)        Immediately after the audit, a copy of the accounts, and of such other (if any) accounts kept pursuant to Article 28 as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the members of the Commission and the Minister, and the Minister shall as soon as may be cause copies therof to be laid before each House of the Oireachtas.

31.       The Chief Executive shall be the accounting officer for the appropriation accounts of the Service for the purposes of the Exchequer and Audit Departments Act 1866 and 1921, and no. 8 of 1993 ).

32.       The Commission shall, in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year and make such other reports to the Minister as the Minister may require.

33. The Commission shall submit to the Minister, at such time as the Minister may direct, such information regarding the performance of its functions as the Minister may from time to time require.

The Government concurs with the making of the forgoing Order.