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Removal of youth work functions of education board.
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5.—(1) Where an education board, in the opinion of the Minister, has failed to perform or is failing to perform its functions under this Act in an effective manner the Minister may, by order, remove any such function from the education board concerned as the Minister may specify in the order and transfer such function to the Director or to such other person as the Minister may specify in the order for such period as the Minister shall, at the making of such order, determine, but in no case shall such function be removed from an education board for a continuous period exceeding 2 years.
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(2) Where the Minister proposes to make an order under this section the Minister shall inform the Director and the education board, by notice in writing, that he or she is considering making an order and the reasons therefor and the Director or the education board or both may, within the period of the next 14 days beginning on the date on which the notice is given or such longer period as the Minister may determine, make representations in writing to the Minister.
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(3) If, after considering any representations made under subsection (2), the Minister is of the opinion that an order pursuant to subsection (1) should be made, the Minister shall so make the order and shall, by notice in writing, inform the Director and the education board of the making thereof and the reasons therefor.
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(4) Where a function of an education board under this Act stands transferred under this section, the education board shall not perform, or supervise, direct or control the exercise of the function but shall be kept informed of matters arising from the exercise of that function by the person to whom that function stands transferred.
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(5) The Minister may by order amend or revoke an order under this section.
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(6) In this section “Director” means a chief executive officer of an education board.
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