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14 1999

NATIONAL DISABILITY AUTHORITY ACT, 1999

PART II

National Disability Authority

Chapter I

Establishment, Functions and Procedures, etc.

Establishment of Authority.

6. —(1) There shall be established on the establishment day a body to be known as the National Disability Authority, or in the Irish language as údarás Náisiúnta Míchumais, to perform the functions assigned to it by this Act.

(2) The Authority shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

Independence of Authority.

7. — The Authority shall, subject to the provisions of this Act, be independent in the exercise of its functions.

Functions of Authority.

8. —(1) The principal function of the Authority shall be to advise the Minister and keep him or her informed of developments in relation to any disability of persons which concern issues of policy and practice and, in particular, developments which relate to the functions specified in subsection (2).

(2) The following shall be functions of the Authority:

(a) to act as a central, national body which will assist the Minister in the co-ordination and development of policy relating to persons with disabilities;

(b) to undertake, commission or collaborate in research projects and activities on issues relating to disability and to assist in the development of statistical information appropriate for the planning, delivery and monitoring of programmes and services for persons with disabilities;

(c) to advise the Minister on appropriate standards for programmes and services provided or to be provided to persons with disabilities and to act as an advisory body with regard to the development of general and specific standards in relation to such programmes and services;

(d) to monitor the implementation of standards and codes of practice in programmes and services provided to persons with disabilities and to report to the Minister thereon;

(e) to liaise with other bodies, both corporate and unincorporate, involved in the provision of services to persons with disabilities and to facilitate and support the development and implementation of appropriate standards for programmes and services for persons with disabilities;

(f) to prepare codes of practice in accordance with section 10 ;

(g) to recognise the achievement of good standards and quality in the provision of programmes and services to persons with disabilities including through the provision of a disability equality awards system;

(h) to prepare strategic plans in accordance with section 9 .

(3) The Authority may, subject to the other provisions of this Act, do anything which it considers necessary or expedient for enabling it to perform its functions.

Strategic plans.

9. —(1) As soon as practicable after the establishment day, and thereafter within 6 months before each third anniversary of the establishment day, the Authority shall prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing 3 year period.

(2) A strategic plan shall—

(a) comprise the key objectives, outputs and related strategies, including the use of resources, of the Authority,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Authority.

(3) The Minister shall, as soon as practicable after the strategic plan has been approved, cause a copy of the strategic plan to be laid before each House of the Oireachtas.

Codes of practice.

10. —(1) The Authority may, and shall if requested by the Minister, prepare for submission to the Minister draft codes of practice for the purpose of achieving the aim of good standards and quality in the provision of programmes and services provided or to be provided to persons with disabilities.

(2) Before submitting a draft code of practice under subsection (1) to the Minister, the Authority shall consult such other ministers of the Government or any other person or body as the Authority considers appropriate or as the Minister may direct.

(3) After a code of practice has been submitted under subsection (1), the Minister may by order declare that the draft—

(a) is an approved code of practice for the purposes of this Act, or

(b) as amended by the Minister after consultation with the Authority, by Authority, is an approved code of practice for the purposes of this Act.

(4) The Minister may, after consultation with the Authority, by order revoke or amend an approved code of practice.

Consultants, advisers and advisory committees.

11. —(1) Subject to the consent of the Minister, given with the consent of the Minister for Finance in respect of matters to which subsection (3) relates, the Authority may from time to time appoint such and so many advisory committees and engage such and so many consultants or advisers as it may consider necessary for the performance of its functions.

(2) The appointment of a person to an advisory committee or as an adviser or consultant to the Authority shall be subject to such terms and conditions and for such period as the Authority may consider appropriate.

(3) Any fees or expenses incurred, which have been agreed by the Minister with the prior sanction of the Minister for Finance, and which are due to a consultant or adviser or to a member of an advisory committee appointed under this section, shall be paid out of moneys at the disposal of the Authority.

Conferral of additional functions on Authority.

12. —(1) The Minister may, with the consent of the Minister for Finance, by order confer on the Authority such additional functions in relation to disability of persons as the Minister may from time to time consider appropriate.

(2) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

Collection and assessment of data.

13. —(1) Subject to subsection (2), the Authority shall have right of access to information (including data) of relevance to the functions of the Authority under section 8 which is held by a public body and the public body concerned shall co-operate with the Authority.

(2) Subsection (1) shall not apply where the information or data sought is of a private or personal nature or where its disclosure is precluded by law.

Information from certain bodies to Authority.

14. —(1) The Authority may seek information on any matter which concerns the provision of programmes or services for persons with disabilities from a person (including a public body) who has overall responsibility for provision of those programmes or services or a part thereof.

(2) Where—

(a) a programme or service is required by law to be provided to persons with disabilities, or

(b) any other programme or service for persons with disabilities is directly or indirectly funded in whole or in part out of moneys provided by the Oireachtas,

and, in the opinion of the Authority, such programme or service—

(i) is being provided in an inadequate or unsatisfactory manner in any regard, or

(ii) is not being provided to persons with disabilities,

then, the Authority shall inform the person or body providing or failing to provide the programme or service concerned.

Reports and information to Minister

15. —(1) The Authority shall, not later than the 30th day of September in each year, make a report to the Minister (in this section referred to as the “annual report”) in such form as the Minister may approve, on the performance of its functions and activities during the preceding year and the Minister shall cause copies of each annual report to be laid before each House of the Oireachtas.

(2) Each annual report shall include information in such form and regarding such matters as the Minister may direct.

(3) The Authority may from time to time make such other reports to the Minister with respect to its functions as it thinks fit.

(4) Without prejudice to the generality of subsection (3), the Authority may, in making a report to which section 8 (2)(d) relates, make recommendations for the review, reduction or withdrawal of any moneys provided by the Oireachtas for any programme or service where it is of the opinion that it would be appropriate in the circumstances to make such a recommendation.

(5) In addition to information provided by the Authority in its annual report, the Authority shall supply to the Minister such information as the Minister may from time to time require regarding the performance of its functions.

Grants.

16. — In each financial year there may be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister may, with the concurrence of the Minister for Finance, sanction towards the expenses of the Authority in the performance of its functions.

Accounts and audits.

17. —(1) The Director, following the agreement of the Authority, shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Authority of its functions over a period of years, as required.

(2) The Director, under the direction of the Authority, shall cause to be kept, on a continuous basis and in either or both a legible and a machine readable form, all proper books of account of all income and expenditure of the Authority, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Authority and shall keep and shall account to the Authority for all such special accounts as the Minister or the Authority, with the consent of the Minister, may from time to time direct should be kept.

(3) (a) The Authority, the Director and any relevant member of the staff of the Authority shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay such fee therefor as may be fixed by the Minister.

(b) In this subsection “relevant member of the staff of the Authority” means a member of the staff of the Authority in respect of whom there has been duly assigned duties which relate to the books or other records of account referred to in paragraph (a).

(4) (a) The accounts kept by the Authority by virtue of this section shall be prepared by the Director and approved by the Authority as soon as practicable but not later than 3 months after the end of the financial year to which they relate for submission to the Comptroller and Auditor General for audit.

(b) A copy of the accounts referred to in paragraph (a) and the report of the Comptroller and Auditor General thereon shall be presented to the members of the Authority and to the Minister as soon as practicable and the Minister shall cause a copy of these documents to be laid before each House of the Oireachtas.

(5) The Director shall be the accountable person in relation to the accounts of the Authority and shall, whenever he or she so is required by a Committee of Dáil éireann established under Standing Orders of Dáil éireann to examine and report to Dáil éireann on the appropriation accounts and reports to the Comptroller and Auditor General, give evidence to that Committee on all matters pertaining to the expenditure of the Authority.

Procedures and business of Authority.

18. — Subject to the provisions of this Act, the Authority shall regulate by standing orders or otherwise the procedure and business of the Authority.

Seal of Authority.

19. —(1) The Authority shall as soon as may be after its establishment provide itself with a seal.

(2) The seal of the Authority shall be authenticated by the signature of its chairperson or that of another member authorised by it to act in that behalf and by the signature of the Director or that of a member of the staff of the Authority authorised by it to act in that behalf.

(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority in that behalf.

(4) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal shall be received in evidence and deemed to be such without proof unless the contrary is shown.