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16 1992

REGIONAL TECHNICAL COLLEGES ACT, 1992

SECOND SCHEDULE

The Governing Body

Section 6 .

1. (1) As soon as may be after its establishment the governing body of a college shall provide and retain in its possession a seal of the college.

(2) The seal of a college shall be authenticated by the signature of the chairman or a member of the governing body authorised by the governing body to act in that behalf and by the signature of an officer of the college authorised to act in that behalf.

(3) Judicial notice shall be taken of the seal of a college and every document purporting to be an instrument made by a college and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the college shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.

2. (1) Each governing body shall have a chairman who may be designated by such title as the governing body may determine.

(2) The chairman shall be appointed by the Minister and may be removed from office by the Minister.

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

(4) Subject to the provisions of this Act, the chairman shall hold office on such terms and conditions as the Minister may, at the date of the appointment, decide.

(5) The chairman shall cease to hold office on attaining the age of 70 years.

3. (1) Every ordinary member of a governing body shall be appointed by the Minister on the recommendation of the vocational education committee and may be removed from office by the Minister on the recommendation of the vocational education committee.

(2) An ordinary member may, at any time, resign from office as such member by letter addressed to the vocational education committee and the resignation shall take effect from the date on which the letter is received. The vocational education committee shall forthwith notify the Minister of the receipt of the letter.

(3) An ordinary member shall cease to hold office on attaining the age of 70 years.

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

(5) A member (including the chairman) whose term of office expires by effluxion of time shall be eligible for reappointment.

4. (1) A member (including the chairman but excluding an ordinary member who is a registered student of the college) shall hold office for a period not exceeding five years.

(2) An ordinary member who is a registered student of the college shall hold office for a period of one year.

5. (1) Each governing body shall, from time to time as occasion requires, appoint from amongst its members (other than the chairman or the Director) a member to be deputy-chairman thereof.

(2) The deputy-chairman of a governing body shall, unless that member sooner resigns or ceases to be deputy-chairman under subparagraph (3) of this paragraph, hold office until the expiration of that member's period of office as a member of the governing body.

(3) The deputy-chairman, on ceasing to be a member of the governing body, shall thereupon cease to be deputy-chairman.

6. (1) Where a member of a governing body—

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

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

(c) is regarded pursuant to section 13 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy, or

(d) is adjudged bankrupt or makes, under the protection orprocedure of a court, 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 governing body.

(2) A person shall not be eligible to be a member of a governing body if that person—

(a) is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or

(b) is for the time being a member of the European Parliament, or

(c) is an undischarged bankrupt, or

(d) within the immediately preceding three years has, under the protection or procedure of a court, made a composition or arrangement with creditors, or

(e) within the immediately preceding five years, has been sentenced to a term of imprisonment by a court of competent jurisdiction.

7. (1) A member of the governing body of a college who has—

(a) any interest in any company or concern with which the college proposes to make any contract, or

(b) any interest in any contract which the college proposes to make,

shall disclose to the governing body the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of the governing body relating to the contract, and the disclosure shall be recorded in the minutes of the governing body.

(2) A member of the governing body of a college who is related to a person who is a candidate for appointment by the governing body as an officer or servant of the college shall disclose to the governing body the fact of the relationship and the nature thereof and shall, if the governing body so decides, take no part in any deliberation or decision of the governing body relating to the appointment, and the disclosure and decision shall be recorded in the minutes of the governing body.

8. The chairman and ordinary members of the governing body of a college shall be paid out of funds at the disposal of the governing body such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may decide.

9. (a) A governing body shall hold such and so many meetings as may be necessary for the performance of its functions.

(b) The vocational education committee shall fix the date, time and place of the first meeting of the governing body.

(c) The quorum for a meeting of a governing body shall be six members.

10. At a meeting of a governing body—

(a) the chairman shall, if present, be the 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,

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

11. Every question at a meeting of a governing body 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 chairman of the meeting shall have a second or casting vote.

12. Subject to paragraph 9 (c) of this Schedule a governing body may act notwithstanding one or more than one vacancy among its members.

13. Subject to the provisions of this Act a governing body shall regulate, by standing orders or otherwise, its procedure and business.

14. The governing body of a college shall control and conduct the affairs of the college subject to the provisions of this Act and shall carry out all functions assigned to it by this Act, and, in particular, a governing body—

(a) shall determine subject to such directions as the Minister may give from time to time the conditions under which persons shall be admitted to the college and to any particular course of study therein,

(b) shall determine the conditions under which students, having been admitted to the college, may be excluded from it,

(c) may enter into relationships or co-operate with any other institution, authority or body for any purpose of the college,

(d) subject to subparagraph (a) of this paragraph may accept, in fulfilment or partial fulfilment of the requirement for entry to any course of study in the college, attendance by a student at a course or portion of a course in another college or such other institution as the governing body may decide,

(e) subject to the approval of the Minister and to such terms and conditions as the Minister may lay down, may engage such consultants or advisors as it may consider necessary for the performance of its functions and any fees payable to such consultants or advisors shall be paid by the college out of moneys at its disposal, and

(f) may make, from time to time, such regulations as it sees fit for the conduct of the affairs of the college.