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Údarás na Gaeltachta Act, 1979

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Number 5 of 1979


UDARAS NA GAELTACHTA ACT, 1979

ARRANGEMENT OF SECTIONS


Part I

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Commencement.

4.

Repeals.

5.

Expenses.

Part II

Údarás na Gaeltachta

6.

Establishment of Údarás na Gaeltachta.

7.

Dissolution of Gaeltarra Éireann.

8.

Functions of an tÚdarás.

9.

Additional functions of an tÚdarás.

10.

Financial assistance by an tÚdarás for industrial purposes.

11.

Power to transfer certain functions of an tÚdarás to An Chomhairle Oiliúna.

12.

Staff of an tÚdarás.

13.

Consultants and advisers to an tÚdarás.

14.

Superannuation.

15.

Disclosure of information.

16.

Membership of Oireachtas of employee of an tÚdarás.

17.

Estimates by an tÚdarás.

18.

Accounts and audits.

19.

Annual report.

20.

Information by an tÚdarás to the Minister.

21.

Gifts to an tÚdarás.

Part III

Financial Provisions

22.

Grants to an tÚdarás.

23.

Advances to an tÚdarás.

24.

Temporary borrowing by an tÚdarás.

25.

Exemption from stamp duty.

26.

Remission of rates.

Part IV

Election of Members of Údarás na Gaeltachta

27.

Interpretation for Part IV.

28.

Elections.

29.

Constituencies and number of persons to be elected.

30.

Eligibility for election.

31.

Right to vote.

32.

Returning officers.

33.

Regulations for Part IV.

FIRST SCHEDULE

Údarás na Gaeltachta

SECOND SCHEDULE

Provisions Consequential on Dissolution of Gaeltarra Éireann

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Number 5 of 1979


UDARAS NA GAELTACHTA ACT, 1979


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS UDARAS NA GAELTACHTA, FOR THAT PURPOSE TO DISSOLVE GAELTARRA EIREANN AND TO TRANSFER TO UDARAS NA GAELTACHTA THE FUNCTIONS AND LIABILITIES OF GAELTARRA EIREANN, TO CONFER CERTAIN OTHER POWERS ON UDARAS NA GAELTACHTA, TO PROVIDE FOR THE ELECTION OF CERTAIN MEMBERS OF UDARAS NA GAELTACHTA, AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [19th March, 1979.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Part I

Preliminary and General

Short title.

1.This Act may be cited as the Údarás na Gaeltachta Act, 1979.

Interpretation.

2.(1) In this Act—

the appointed day” means the day appointed to be the appointed day for the purposes of Part II of this Act by order of the Minister;

functions” includes powers and duties;

the Gaeltacht” means the areas for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ;

local authority” has the same meaning as in section 2 of the Local Government Act, 1941 ;

the Minister” means the Minister for the Gaeltacht;

an tÚdarás” has the meaning specified in section 6 (1).

(2) In this Act a reference to performance of functions includes, with respect to powers, a reference to exercise of those powers.

(3) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Commencement.

3.This Act shall come into operation on such day or days as may be fixed for that purpose by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Repeals.

4.The Gaeltacht Industries Acts, 1957 to 1977, are hereby repealed.

Expenses.

5.Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Part II

Údarás na Gaeltachta

Establishment of Údarás na Gaeltachta.

6.(1) There shall, by virtue of this section, be established on the appointed day a body which shall be known as Údarás na Gaeltachta (and which is referred to in this Act as “an tÚdarás”) to perform the functions assigned to it by or under this Act.

(2) An tÚdarás shall consist of thirteen members, of whom the chairman and five other members shall be persons appointed by the Minister and of whom the remaining seven members shall be persons elected in accordance with Part IV of this Act.

(3) The First Schedule to this Act applies to an tÚdarás.

Dissolution of Gaeltarra Éireann.

7.(1) On and from the appointed day Gaeltarra Éireann shall, by virtue of this section, be dissolved and the rights and liabilities which were conferred or imposed on Gaeltarra Éireann by the Gaeltacht Industries Acts, 1957 to 1977, and the duties and liabilities imposed on it consequent on its designation as an approved body under section 4 of the Superannuation and Pensions Act, 1963 , shall, by virtue of this section, be transferred to an tÚdarás.

(2) The Second Schedule to this Act applies in relation to the dissolution effected by this section.

Functions of an tÚdarás.

8.(1) An tÚdarás shall encourage the preservation and extension of the use of the Irish language as the principal medium of communication in the Gaeltacht and shall ensure that Irish is used to the greatest extent possible in the performance by it and on its behalf of its functions.

(2) An tÚdarás shall, subject to section 10, carry on, control and manage (either directly or, in any particular case, through a body corporate controlled by an tÚdarás) the industries and productive schemes of employment carried on, controlled or managed, directly or indirectly, by Gaeltarra Éireann immediately before the appointed day.

(3) An tÚdarás may, subject to section 10, provide, carry on, control and manage in the Gaeltacht (either directly or, in any particular case, through a body corporate controlled by an tÚdarás) such industries and productive schemes of employment as it thinks fit other than those referred to in subsection (2).

(4) An tÚdarás may, subject to section 10, expand and develop any industry or productive scheme of employment referred to in subsection (2) or (3).

(5) An tÚdarás may, with the consent of the Minister, discontinue, either generally or in any particular place or district, any industry or productive scheme of employment referred to in subsection (2) or (3).

(6) For the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht an tÚdarás shall have power in any particular case—

(a) to form a body corporate,

(b) to take part with other persons in the formation of a body corporate or in a partnership or otherwise, and

(c) subject to section 10, to purchase or take or sell shares in a body corporate.

(7) For the purposes of this section an tÚdarás shall have power to acquire, receive on transfer, hold, sell, mortgage, lease, let, or otherwise dispose of land, buildings, markets, premises or plant and to erect, alter or maintain buildings, markets, premises or plant.

(8) An tÚdarás shall have all such further powers as are necessary for the purposes of this section.

Additional functions of an tÚdarás.

9.(1) For the purpose of promoting the linguistic, cultural, social, physical and economic development of the Gaeltacht an tÚdarás shall have in addition to the functions specified in this Act apart from this section, such powers as are conferred on it by order made by the Government.

(2) An order under this section may—

(a) contain such incidental or consequential provisions as appear to the Government to be necessary, including modification of statutory provisions;

(b) impose conditions in relation to the exercise of any power which it confers;

(c) provide for payments by an tÚdarás;

(d) confer on an tÚdarás such local authority functions as it may specify;

(e) be amended or revoked by order made by the Government.

(3) Where an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.

Financial assistance by an tÚdarás for industrial purposes.

10.(1) For the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht an tÚdarás shall, subject to this section, have power to provide financial assistance (including the making of grants, the purchase of shares and the incurring of expenditure on buildings or otherwise) on such terms and subject to such conditions as it thinks proper.

(2) The Minister shall from time to time, after consultation with the Minister for Industry, Commerce and Energy and with the consent of the Minister for Finance, specify—

(a) a limit up to which an tÚdarás may provide, in any particular case, financial assistance at its discretion, and

(b) a limit above which an tÚdarás may provide, in any particular case, financial assistance with the prior approval of the Government.

(3) An tÚdarás may, with the consent of the Minister given after consultation with the Minister for Industry, Commerce and Energy, provide, in any particular case, financial assistance between the limits specified under subsection (2).

(4) An tÚdarás shall not provide financial assistance in any particular case where financial assistance has been provided by the Industrial Development Authority.

(5) An tÚdarás may, in accordance with schemes authorised from time to time by the Minister after consultation with the Minister for Industry, Commerce and Energy and with the consent of the Minister for Finance,—

(a) make grants for purposes other than in respect of fixed assets or the training of workers, and

(b) guarantee the repayment of loans received by persons for whom an tÚdarás has provided financial assistance.

Power to transfer certain functions of an tÚdarás to An Chomhairle Oiliúna.

11.The Minister may, with the consent of the Minister for Labour, arrange for the transfer to An Chomhairle Oiliúna of some or all of the functions of an tÚdarás in relation to the training (including re-training) of workers.

Staff of an tÚdarás.

12.(1) An tÚdarás shall appoint such and so many persons to be the staff of an tÚdarás as an tÚdarás from time to time thinks proper.

(2) A member of the staff of an tÚdarás shall hold his employment on such terms and conditions as an tÚdarás from time to time determines.

(3) There shall be paid by an tÚdarás to the members of its staff such remuneration and allowances for expenses as an tÚdarás thinks fit subject to, in the case of its chief officer (whether that officer is described as the Chief Officer or otherwise), the approval of the Minister given with the consent of the Minister for the Public Service.

(4) In determining the remuneration or allowances for expenses to be paid to the members of its staff or the terms or conditions subject to which the members of its staff hold or are to hold their employment, an tÚdarás shall have regard either to Government or nationally-agreed guidelines for the time being extant, or to Government policy concerning remuneration and conditions of employment which is so extant, and shall comply with any directive with regard to such remuneration, allowances, terms or conditions which the Minister may give from time to time to an tÚdarás with the consent of the Minister for the Public Service.

(5) An tÚdarás may at any time remove any member of the staff of an tÚdarás from being a member of its staff.

(6) A person who immediately before the appointed day was an officer or servant of Gaeltarra Éireann shall on the appointed day become and be a member of the staff of an tÚdarás in such position as is, in the opinion of an tÚdarás, similar to the position under Gaeltarra Éireann held by that person immediately before the appointed day and on such terms and conditions as an tÚdarás may from time to time determine and are not, in the opinion of an tÚdarás, less favourable to that person than those that applied in relation to his employment with Gaeltarra Éireann immediately before the appointed day.

Consultants and advisers to an tÚdarás.

13.(1) Subject to subsection (2), and to such conditions as may for the time being stand specified by the Minister with the consent of the Minister for the Public Service, an tÚdarás may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by an tÚdarás out of moneys at its disposal.

(2) A contract made by an tÚdarás under this section shall not be for any period exceeding three years.

Superannuation.

14.(1) An tÚdarás may at any time prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, appropriate members of the staff of an tÚdarás.

(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be carried out by an tÚdarás in accordance with its terms.

(3) An tÚdarás may at any time, with the approval of the Minister and the concurrence of the Minister for the Public Service, amend a scheme under this section.

(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to whom allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any allowance payable in pursuance of a scheme under this section, it shall be submitted to the Minister for determination by him, subject to the agreement of the Minster for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by an tÚdarás nor shall any other arrangements be entered into by an tÚdarás for the provision of a pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of the staff of an tÚdarás, other than in accordance with a scheme approved under this section.

(7) Every scheme submitted and approved under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under the scheme.

(8) Any scheme approved under section 18 of the Gaeltacht Industries Act, 1957 , and in existence immediately before the appointed day shall be deemed to have been approved under this section.

Disclosure of information.

15.(1) A person shall not, without the consent of an tÚdarás, disclose any information obtained by him while performing duties as a member of an tÚdarás, as a member of the staff of an tÚdarás or as an adviser or consultant to an tÚdarás.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

Membership of Oireachtas of employee of an tÚdarás.

16.(1) Where a member of the staff of an tÚdarás is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas he shall stand seconded from employment by an tÚdarás and shall not be paid by, or be entitled to receive from, an tÚdarás any remuneration or allowance—

(a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,

(b) in case he is nominated for election to either such House, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House shall, while so entitled, be disqualified from becoming a member of the staff of an tÚdarás.

Estimates by an tÚdarás.

17.An tÚdarás shall submit to the Minister in each year, not later than such date as he may appoint and in such form as he may require, an estimate of the financial requirements of an tÚdarás for the following financial year, together with any other estimates which the Minister or the Minister for Finance may require.

Accounts and audits.

18.(1) An tÚdarás shall keep, in such form as may be approved by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it, including an income and expenditure account and a balance sheet, and, in particular, shall keep in such approved form all such special accounts as the Minister, on his own motion or at the request of the Minister for Finance, may from time to time direct.

(2) Not later than four months after the expiration of the year to which they relate accounts kept under this section shall be submitted by an tÚdarás to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts 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 Minister, who shall cause copies thereof to be laid before each House of the Oireachtas.

Annual report.

19.(1) An tÚdarás shall submit to the Minister in each year, not later than such date as he may appoint, a report of its proceedings under this Act during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Whenever the Minister so directs, such annual report shall also include information on such particular aspects of the proceedings under this Act of an tÚdarás as the Minister may specify.

Information by an tÚdarás to the Minister.

20.An tÚdarás shall provide the Minister with any information regarding the performance of its functions which he may require from time to time.

Gifts to an tÚdarás.

21.An tÚdarás may accept gifts of money, land or other property on such trusts and conditions (if any) as may be specified by the donor, but shall not accept a gift if any such condition is inconsistent with the functions of an tÚdarás.

Part III

Financial Provisions

Grants to an tÚdarás.

22.There may be paid to an tÚdarás in each year, out of moneys provided by the Oireachtas, grants of such amounts as the Minister,with the concurrence of the Minister for Finance, may sanction to enable an tÚdarás to meet its administrative and general expenses and to pay grants under this Act.

Advances to an tÚdarás.

23.(1) For the purpose of enabling an tÚdarás to perform its functions the Minister for Finance may, on the recommendation of the Minister, advance from time to time to an tÚdarás out of the Central Fund or the growing produce thereof such sums as an tÚdarás may from time to time request.

(2) (a) The Minister for Finance may from time to time determine the terms as to repayment, interest and other matters in relation to advances made to an tÚdarás or Gaeltarra Éireann.

(b) Any advance made to Gaeltarra Éireann before the 1st day of April, 1965, shall be deemed to have ceased on that date to be repayable.

(c) Any advance made to Gaeltarra Éireann after the 1st day of April, 1965, and any advance made to an tÚdarás shall not be repayable (nor shall interest be payable thereon) until such date as the Minister for Finance, after consultation with the Minister, shall determine.

(3) All sums paid by an tÚdarás in repayment of an advance or in pursuance of any term determined in relation to an advance shall be paid into or disposed of for the benefit of the Exchequer.

(4) The aggregate at any one time of sums advanced under this section and not repaid shall not exceed £50,000,000.

Temporary borrowing by an tÚdarás.

24.An tÚdarás may, with the consent of the Minister given with the concurrence of the Minister for Finance, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for its expenditure.

Exemption from stamp duty.

25.No stamp duty shall be payable on any instrument under which any property is acquired by an tÚdarás and, for the purpose of this section, “property” includes interests and rights of any description.

Remission of rates.

26.(1) Where—

(a) premises for an industrial undertaking are erected, enlarged or improved, and

(b) an tÚdarás certifies that the erection, enlargement or improvement was carried out by an tÚdarás or Gaeltarra Éireann or was the subject of financial assistance by an tÚdarás or Gaeltarra Éireann,

a local authority may, if they think fit, remit—

(i) two-thirds of a rate leviable by them in respect of any premises so erected, or

(ii) two-thirds of any additional rate leviable by them in respect of any such enlargement or improvement.

(2) A remission under this section shall, subject to subsection (3), have effect in respect of the local financial year next following that in which the erection, enlargement or improvement was completed and in respect of each of the next nine local financial years.

(3) If, in any local financial year, an tÚdarás certifies that the undertaking has failed to observe the terms upon which financial assistance was provided, a remission under this section shall not have effect in respect of that local financial year.

(4) A remission under this section shall not be granted more than once in respect of the same erection, enlargement or improvement.

(5) Where premises are not separately valued under the Valuation Acts, the Commissioner of Valuation may, on the application of an tÚdarás, apportion to the premises such part as he thinks proper of the rateable valuation of the property in which the premises are comprised.

(6) The powers conferred on a local authority by this section shall be reserved functions for the purposes of the County Management Acts, 1940 to 1972.

Part IV

Election of Members of Údarás na Gaeltachta

Interpretation for Part IV.

27.In this Part—

election”, save where the context otherwise requires, means an election under this Part;

returning officer” means a person who under section 32 is a returning officer for the purposes of this Part.

Elections.

28.(1) Subject to their being held at intervals which are neither less than four years nor more than five years, elections shall be held from time to time as may be prescribed by regulations made by the Minister.

(2) Where an election is contested the poll shall be taken by secret ballot and on the principle of proportional representation by means of the single transferable vote.

(3) The costs and expenses incurred at an election by or on behalf of a returning officer shall be borne by the Minister out of moneys provided by the Oireachtas.

(4) (a) The Minister shall by direction provide for the manner in which the costs of elections are to be paid.

(b) A direction under this subsection may, in particular and without prejudice to the generality of paragraph (a), make provision for all or any of the following matters—

(i) the way and period in or during which a returning officer shall present his accounts,

(ii) the way and period in or during which a person having a claim by virtue of this section shall present the claim,

(iii) adjudication of disputes.

Constituencies and number of persons to be elected.

29.(1) Each of the following areas shall be a constituency for the purpose of this Part :—

(a) the area comprising those parts of the Gaeltacht situated in the county of Donegal,

(b) the area comprising those parts of the Gaeltacht situated in the counties of Galway, Mayo and Meath, and

(c) the area comprising those parts of the Gaeltacht situated in the counties of Kerry, Cork and Waterford.

(2) (a) The constituency specified in subsection (1) (a) shall return two persons in an election.

(b) The constituency specified in subsection (1) (b) shall return three persons in an election.

(c) The constituency specified in subsection (1) (c) shall return two persons in an election.

Eligibility for election.

30.A person shall not be eligible for election to an tÚdarás unless on the relevant polling day he has attained the age of eighteen years.

Right to vote.

31.(1) Where in respect of a constituency specified in section 29 an election is contested, every person shall be entitled to vote at the election who, if the constituency were a local electoral area and the election were a local election held by reference thereto, would be entitled to vote at that local election.

(2) No person other than a person mentioned in subsection (1) shall be entitled to vote at an election.

Returning officers.

32.(1) For the purposes of this Part the Minister shall, in respect of each constituency specified in section 29, appoint a fit and proper person to be the returning officer, and it shall be the general duty of the returning officer to do all such acts and things as may be necessary for effectually conducting an election in his constituency, to ascertain and declare the results of that election and to furnish to the Minister a return of the persons elected for that constituency.

(2) (a) The returning officer may perform any of his functions as returning officer through or by any other person or persons duly authorised by him in writing for that purpose.

(b) The returning officer may appoint in writing one or more persons to be deputy returning officer or officers and may delegate to any such deputy such of the functions of the returning officer as may be specified in the appointment.

(3) The returning officer, any deputy returning officer or any person employed by the returning officer or a deputy returning officer shall not be entitled to be nominated as, or to nominate, a candidate at an election.

(4) The returning officer, any deputy returning officer or any person employed by the returning officer or a deputy returning officer shall not act as agent for any candidate in an election or further the candidature of such a candidate.

Regulations for Part IV.

33.(1) The Minister may make regulations for the purpose of giving effect to this Part.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), make provision for all or any of the following matters in relation to elections :—

(i) nominations,

(ii) deposits by candidates,

(iii) procedure when no candidate stands nominated in a constituency,

(iv) procedure where the number of persons nominated for a constituency is less than the number of members which that constituency is entitled to return,

(v) death of a candidate,

(vi) duties and staff of a returning officer and of any deputy returning officer,

(vii) the form of the ballot paper to be used,

(viii) the taking of a poll and the counting of votes,

(ix) the maintenance of secrecy of voting,

(x) the custody of ballot papers and the manner of their disposal,

(xi) the designation of polling districts and polling places,

(xii) the use (free of charge) of schools and public rooms,

(xiii) arrangements for postal voting,

(xiv) polling on islands,

(xv) the use of local authority ballot boxes and other election equipment,

(xvi) interference with ballot boxes or ballot papers,

(xvii) removal of persons misconducting themselves in polling stations,

(xviii) the issue of polling cards,

(xix) the use of registers of electors prepared for the purpose of local elections and the compilation from such registers of registers which shall be the registers of electors for an tÚdarás.

(3) Regulations under this section—

(a) may apply to an election such statutory provisions relating to local elections as may be specified and may make such modifications or adaptations of such provisions as may be necessary, and

(b) may create electoral offences and prescribe penalties for them, such penalties not to exceed those applying to corresponding offences in relation to local elections.

(4) Where regulations under this section are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each House.

FIRST SCHEDULE

Údarás na Gaeltachta

Section 6 (3).

An tÚdarás to be body corporate, etc.

1. An tÚdarás shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or rights over land.

Period of office.

2. A member of an tÚdarás shall, unless he sooner dies, resigns, becomes disqualified or is removed from office, hold office—

(a) in the case of a member other than a member (in this Schedule referred to as an “elected member”) elected under Part IV of this Act, for such period not exceeding five years as the Minister may determine when appointing him,

(b) in the case of an elected member—

(i) where he is elected at the election of members of an tÚdarás first held after the passing of this Act, from the appointed day until the polling day of the next election under the said Part IV for the constituency for which he was elected,

(ii) where he is elected at any other election of members of an tÚdarás, from the ascertainment by the returning officer of the result of the relevant election until the polling day of the next election under the said Part IV for such constituency.

Eligibility for reappointment.

3. A member of an tÚdarás (other than an elected member) whose term of office expires by effluxion of time shall be eligible for reappointment.

Terms of office.

4. A member of an tÚdarás shall hold office on such terms (other than a term relating to the payment of remuneration and allowances for expenses) as shall be determined by the Minister when appointing the member or when the member is elected under Part IV of this Act.

Casual vacancies.

5. (1) Any casual vacancy occurring among the members (other than the elected members) of an tÚdarás shall be filled by appointment by the Minister.

(2) Any casual vacancy occurring among the elected members of an tÚdarás shall be filled by co-option by an tÚdarás, in such manner as shall for the time being stand determined by the Minister, but in determining who is to fill any such vacancy a member of an tÚdarás who is not an elected member shall not have a vote.

(3) A person appointed or co-opted under this paragraph to fill a casual vacancy shall hold office for the remainder of his predecessor's period of office.

Removal of member of an tÚdarás.

6. The Minister may at any time remove any member (other than an elected member) of an tÚdarás from office.

Resignation, disqualification, etc. of members of an tÚdarás.

7. (1) A member of an tÚdarás may resign his office by letter addressed to the Minister, and the resignation shall take effect when the letter is received.

(2) A member of an tÚdarás shall be disqualified for holding office (and shall cease to hold office) if he is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to imprisonment or penal servitude or ceases to be ordinarily resident in the State or is convicted of an offence under section 15 or is certified by the Minister to have failed to make a disclosure under paragraph 8.

(3) Where a member (other than an elected member) of an tÚdarás is nominated for election to either House of the Oireachtas or as a member of Seanad Éireann he shall thereupon cease to be a member of an tÚdarás.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House shall be disqualified for being a member (other than an elected member) of an tÚdarás.

Disclosure of interest in contract.

8. (1) A member of an tÚdarás who has any interest in any body with which an tÚdarás proposes to make any contract or other agreement, or any interest in a contract or other agreement which an tÚdarás proposes to make, shall disclose the fact and nature of the interest to an tÚdarás and shall take no part in any deliberation or decision of an tÚdarás in relation to that contract or other agreement.

(2) A disclosure under this paragraph shall be recorded in the minutes of an tÚdarás.

Seal of an tÚdarás.

9. (1) An tÚdarás shall as soon as practicable after its establishment provide itself with a seal.

(2) The seal of an tÚdarás shall be authenticated by the signature of the chairman of an tÚdarás or some other member of an tÚdarás authorised by an tÚdarás to act in that behalf and by the signature of a member of the staff of an tÚdarás authorised by an tÚdarás to act in that behalf.

(3) All courts of justice shall take judicial notice of the common seal of an tÚdarás, and every document purporting to be an instrument made by an tÚdarás and to be sealed with the common seal and to be attested in accordance with this section shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

Meetings and procedure of an tÚdarás.

10. (1) An tÚdarás shall hold such and so many meetings as may be necessary for the due performance of its functions.

(2) The quorum for a meeting of an tÚdarás shall be the lowest majority of the number of members of an tÚdarás at the time of the meeting.

(3) At a meeting of an tÚdarás—

(a) the chairman of an tÚdarás shall, if present, be chairman of the meeting,

(b) if and so long as the chairman of an tÚdarás is not present or if the office of chairman is vacant, the members of an tÚdarás present shall choose one of their number to be chairman of the meeting.

(4) Subject to paragraph 5 (2) every question at a meeting of an tÚdarás shall be determined by a majority of the votes of the 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.

(5) An tÚdarás may act notwithstanding one or more than one vacancy among its members.

(6) Subject to this Act an tÚdarás shall regulate, by standing orders or otherwise, the procedure and business of an tÚdarás.

Performance of functions of an tÚdarás.

11. An tÚdarás may perform any of its functions through or by any member of an tÚdarás, any sub-committee of an tÚdarás or any member of the staff of an tÚdarás duly authorised in that behalf by an tÚdarás.

Remuneration and expenses of members of an tÚdarás.

12. A member of an tÚdarás shall be paid, out of the funds at the disposal of an tÚdarás, such remuneration and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines from time to time.

SECOND SCHEDULE

Provisions Consequential on Dissolution of Gaeltarra Éireann

Section 7 (2).

Transfer of property.

1. (1) Any property, whether real or personal (including choses-in-action) which immediately before the appointed day was vested in or belonged to or was held in trust for Gaeltarra Éireann and all rights, powers and privileges relating to or connected with any such property shall, on the appointed day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become the property of or be held in trust for and be vested in (as the case may require) an tÚdarás for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for Gaeltarra Éireann, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any property transferred by this paragraph which immediately before the appointed day was standing in the books of any bank, corporation or company or was registered in the books of any bank, corporation or company in the name of Gaeltarra Éireann shall, upon the request of an tÚdarás made at any time after the appointed day, be transferred in those books by that bank, corporation or company into the name of an tÚdarás.

(3) After the appointed day, every chose-in-action transferred in accordance with this paragraph to an tÚdarás may be sued upon, recovered or enforced by an tÚdarás in its own name, and it shall not be necessary for an tÚdarás to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities.

2. (1) Any debt or other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by Gaeltarra Éireann shall, on the appointed day, become and be the debt or liability of an tÚdarás and shall be paid or discharged by and may be recovered from or enforced against an tÚdarás accordingly.

(2) The dissolution effected by section 7 shall not invalidate or affect any paying order or cheque which may have been issued by Gaeltarra Éireann and not presented for payment before the appointed day or any authority given by Gaeltarra Éireann for the payment of the amount of the paying order or cheque, and an tÚdarás shall make arrangements for the payment of the amount of every such paying order or cheque upon due presentation within a reasonable time after the appointed day.

Preservation of continuing contracts.

3. Any bond, guarantee or other security of a continuing character made or given by Gaeltarra Éireann to another person or by any person to Gaeltarra Éireann and in force immediately before the appointed day and every contract or agreement in writing made between Gaeltarra Éireann and another person and not fully executed and completed before the appointed day shall, notwithstanding the dissolution, continue in force after the appointed day but shall be construed and have effect as if the name of an tÚdarás were substituted therein for the name of Gaeltarra Éireann and such security, contract or agreement shall be enforceable accordingly by or against an tÚdarás.

Continuance of pending legal proceedings.

4. In any action, suit, prosecution or other proceeding which was pending immediately before the appointed day in any court or tribunal and to which Gaeltarra Éireann was a party, an tÚdarás shall on the appointed day become and be a party in the place of Gaeltarra Éireann and those proceedings shall be continued between an tÚdarás and the other parties thereto accordingly, and no such proceedings shall abate or be discontinued or prejudicially affected by reason of the dissolution.

Acts Referred to

County Management Acts, 1940 to 1972

Gaeltacht Industries Act, 1957

1957, No. 29.

Gaeltacht Industries Acts, 1957 to 1977

Local Government Acts, 1941

1941, No. 23.

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21.

Superannuation and Pensions Act, 1963

1963, No. 24.

Valuation Acts