National Council For Special Education (Establishment) Order, 2003

S.I. No. 270 of 2004

I, Noel Dempsey Minister for Education and Science, in exercise of the powers 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 and having complied with subsection (7) of the said section 54, hereby order as follows:

1.          This Order may be cited as the National Council for Special Education (Establishment) Order 2003.

2.          Article 7(1)(b) and (c) and Article 7(2)(c), (e) and (f) come into operation on 1 ^st October 2004.

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

“Act” means the Education Act 1998 (No. 51 of 1998);

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

“child” means a person who is under the age of 18 years;

“Council” means the National Council for Special Education established under Article 4.

(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.

4.          There shall stand established on the establishment day a body to be known as the National Council for Special Education, which shall perform the functions conferred on it by or under this Order.

5.          The 24 ^th day of December 2003 is appointed to be the establishment day for the purposes of Article 4.

6.          The seal of the Council shall be authenticated by the signature of -

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

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

7.          (1)       The general functions of the Council shall be to -

(a)        carry out research and provide expert advice to the Minister on the educational needs of children with disabilities and the provision of related services,

(b)        provide for a range of services at local and national level in order that the educational needs of children with disabilities are identified and provided for, and

(c)        co-ordinate, with health boards, schools and other relevant bodies, the provision of education and related support services to children with disabilities.

(2)        Without prejudice to paragraph (1), the Council shall -

(a)        conduct and commission research on matters relevant to its functions and, as it considers appropriate, to publish in such form and manner as it thinks fit the findings arising out of such research,

(b)        advise the Minister in relation to any matter relating to the education of children and others with disabilities on being requested by the Minister to do so,

(c)        make available to the parents of children with disabilities information in relation to the provision for their children regarding education,

(d)        consult with schools, health boards and other relevant bodies in relation to the provision of education and support services to children with disabilities,

(e)        from time to time carry out general assessment and review of the provision of education and related support services to children with disabilities,

(f)        monitor the educational progress of children with disabilities and ensure that it is reviewed at regular intervals, and

(g)        disseminate to schools and to parents information relating to best practice, nationally and internationally, concerning the education of children with disabilities.

(3)        The Council shall have all such powers as are necessary for or are incidental to the performance of its functions.

(4)        In carrying out their functions, the Council and its employees, shall act in accordance with any policy direction issued by the Minister.

8.         (1)        The Council shall have 13 members and shall consist of a chairperson and 12 ordinary members.

(2)        The chairperson and all ordinary member of the Council shall be appointed by the Minister from among persons who have a special interest in or knowledge relating to the education of children with disabilities, and shall include 2 persons from among persons nominated to the Minister by the National Disability Authority.

(3)        The Council shall, from time to time, elect from among its members a deputy chairperson.

(4)        Before making appointments to the Council under this Article, the Minister shall consult with -

(a)        national associations of parents,

(b)        recognised trade unions and staff associations representing teachers and principals of schools, and

(c)        recognised school management organisations

with a view, where the Minister considers it appropriate to do so, to appointing as members of the Council persons nominated for such appointment by those associations, trade unions and organisations, but the number of nominees of those associations, trade unions and organisations (taken as a whole) that may be so appointed shall not exceed 4.

(5)        The Minister shall have regard to the desirability of such gender balance in the membership of the Council, as he or she considers appropriate and determines from time to time, when making appointments to the Council under this Article.

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

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

(b)        is at that time a representative in the European Parliament,

(c)        is at that time an undischarged bankrupt,

(d)        within the 3 years preceding that time has made a composition or arrangement with creditors, or

(e)        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 Council -

(a)        is nominated as a member of Seanad Éireann,

(b)        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 the European Parliament Elections Act 1997 (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 Council.

10.       The quorum of the Council shall be 7.

11.       The term of office of a member of the Council shall be such period not exceeding 3 years as may be specified by the Minister 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 9 or 12.

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

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

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

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

13.       The chairperson, deputy chairperson and members of the Council may be paid, out of funds at the disposal of the Council, such allowances for expenses as the Minister, with the approval of the Minister for Finance, may decide.

14.       The Council shall hold at least 6 meetings in each year and such and so many other meetings as the chairperson deems necessary.

15.       The Council may act notwithstanding any vacancy or vacancies among its members.

16.       At a meeting of the Council -

(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 Council who are present shall choose one of their number to be chairperson of the meeting.

17.       Every question at a meeting of the Council 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, the Council shall regulate, by standing orders or otherwise, its procedure and business.

19.       (1)        Subject to paragraph (2), the Council shall from time to time appoint a person as the Principal Officer of the Council in a whole-time capacity who shall be known as and is referred to in this Order as the “Chief Executive Officer”.

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

(3)        The Chief Executive Officer shall carry on, manage and generally control the administration of the Council and shall manage and control the staff of the Council.

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

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

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

22.       The Chief Executive Officer 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 Officer shall not be a member of the Council, but he or she may, in accordance with procedures established by the Council, attend meetings of the Council and shall be entitled to speak at and advise such meetings.

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

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

25.        The Civil Service Commissioners Act 1956 (No. 45 of 1956), and the Civil Service Regulation Acts 1956 to 1996, shall apply to -

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

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

26.       Subject to Article 25, the Council, with the consent of the Minister and the Minister for Finance, shall determine the remuneration and conditions of service of employees appointed under Article 23, of the Council.

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

28.       The financial year of the Council 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 establishment day specified in Article 5 and ending on the 31st day of December 2003, shall be deemed to be a financial year.

29.       (1)        A statement of accounts of the Council 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.

(2)        A copy of the accounts kept in pursuance of Article 27 shall be submitted as soon as practicable following the accounting period to which they relate by the Council 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 27 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 member of the Council and the Minister, and the Minister shall as soon as may be cause copies thereof to be laid before each House of the Oireachtas.

30.       The Chief Executive Officer shall be the accounting officer for the appropriation accounts of the Council for the purposes of the Exchequer and Audit Departments Acts 1866 and 1921, and the Comptroller and Auditor General (Amendment) Act 1993 (No. 8 of 1993).

31.       The Council 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.

32.       The Council 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 foregoing Order.