Higher Education Authority Act, 1971

SCHEDULE.

An tÚdarás um Ard-Oideachas.

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.

2. The members of An tÚdarás shall be a chairman and not more than eighteen ordinary members of whom at least seven shall be academic members and at least seven shall be other than academic members.

3. (1) The chairman of An tÚdarás shall be appointed by the Government on the recommendation of the Minister and he may be removed from office by the Government.

(2) The chairman of An tÚdarás may resign his office as chairman by letter addressed to the Minister and the resignation shall take effect when the letter is received.

(3) Subject to the provisions of this Schedule, the chairman of An tÚdarás shall hold his office on such terms as the Government determines.

4. (1) An ordinary member of An tÚdarás shall be appointed by the Government on the recommendation of the Minister and, before making a recommendation, the Minister shall consult thereon with the chairman of An tÚdarás.

(2) An ordinary member of An tÚdarás shall be appointed for a term of five years and his appointment may be renewed for a further term of five years, but after ten years in office he shall not be eligible for renewal of his appointment until a further period of two years has elapsed.

5. An tÚdarás shall appoint one of its ordinary members to be deputy chairman. The term of the appointment shall not exceed two years and the appointment shall not be renewable. If, at any time during that term, the person appointed ceases to be a member of An tÚdarás, he shall also cease at that time to be deputy chairman.

6. (1) The Government, after consultation with the chairman of An tÚdarás, may remove an ordinary member of An tÚdarás from office.

(2) An ordinary member of An tÚdarás may resign his office as a member by letter addressed to the Minister and the resignation shall take effect when the letter is received.

7. Where a 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.

8. A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of An tÚdarás.

9. A member of An tÚdarás shall be disqualified from holding 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 suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

10. Where a member of An tÚdarás attains the age of seventy years, he shall thereupon cease to hold office.

11. A member of An tÚdarás shall be paid by An tÚdarás—

(a) such allowances as the Minister, with the consent of the Minister for Finance, determines,

(b) such amounts in respect of expenses as An tÚdarás considers reasonable.

12. The chairman of An tÚdarás and each ordinary member of An tÚdarás at a meeting thereof shall have a vote.

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

(2) The Minister shall fix the date, time and place of the first meeting of An tÚdarás.

14. The quorum for a meeting of An tÚdarás shall be six members.

15. At a meeting of An tÚdarás—

(a) the chairman of An tÚdarás shall, if he is present, be chairman of the meeting,

(b) if and so long as the chairman of An tÚdarás is not present or the office of chairman is vacant, the deputy chairman shall, if he is present, be chairman of the meeting,

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

16. Every question at a meeting of An tÚdarás on which there is disagreement among the members present 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.

17. An tÚdarás may act notwithstanding one or more than one vacancy among its members.

18. Subject to the provisions of this Schedule, An tÚdarás shall regulate, by standing orders or otherwise, its procedure and business.

19. (1) An tÚdarás shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of An tÚdarás shall be authenticated by the signature of a member of An tÚdarás authorised by An tÚdarás to act in that behalf and the signature of an officer of An tÚdarás authorised by An tÚdarás to act in that behalf.

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

20. (1) An tÚdarás shall keep, in such form as may be approved of 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 form as aforesaid 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) Accounts kept in pursuance of this paragraph shall be submitted annually 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.

21. (1) An tÚdarás shall, at the end of each quinquennium or at such other time or times as the Minister may direct, make a report to the Minister of its proceedings under this Act during the preceding quinquennium or during whatever other period the Minister may appoint.

(2) The Minister shall cause copies of any such report to be laid before each House of the Oireachtas.

(3) An tÚdarás shall supply the Minister with such information regarding the performance of its functions as he may from time to time require.

22. An tÚdarás shall appoint one of its officers to be Secretary of An tÚdarás.

23. An tÚdarás may perform such of its functions as it may deem proper through or by any of its officers or servants duly authorised in that behalf.