Fisheries Act, 1980
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SECOND SCHEDULE | ||
Sections 7 (2) and 10 (7). | ||
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PART I Central Fisheries Board | ||
1. The Central Board 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 in, over or under land or water. | ||
2. A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall be disqualified for being appointed to membership of the Central Board under Article 5 of this Part. | ||
3. (1) The Central Board shall consist of not less than four or more than six members appointed under Article 5 of this Part and such other persons as are members thereof by virtue of paragraph (2) of this Article. | ||
(2) A person holding the office of chairman of a regional board shall be a member of the Central Board. | ||
(3) When a person ceases to hold the office of chairman of a regional board he shall at the same time cease to be a member of the Central Board. | ||
4. (1) The Minister shall from time to time as occasion requires appoint a member of the Central Board to be chairman thereof. | ||
(2) Subject to paragraphs (4) and (5) of this Article, the chairman of the Central Board shall hold office until the expiration of his period of office as a member of the Central Board. | ||
(3) The chairman of the Central Board shall be paid such remuneration (if any) as the Minister, with the consent of the Minister for the Public Service, determines. | ||
(4) The chairman of the Central Board may at any time resign his office as chairman by letter sent to the Minister, and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Central Board held next after the Central Board has been informed by the Minister of the resignation. | ||
(5) The Minister may at any time remove a member of the Central Board from the office of chairman of the Central Board if his removal from such office appears to the Minister to be necessary for the effective performance by the Central Board of its functions. | ||
(6) Where the chairman of the Central Board ceases during his term of office as chairman to be a member of the Central Board, he shall also then cease to be chairman of the Central Board. | ||
5. Each member of the Central Board, other than a person who is such a member by virtue of Article 3(2) of this Part, shall be appointed by the Minister and when making the appointment the Minister shall fix such member's term of office which shall not exceed five years and subject to the foregoing and to Article 7 of this Part, such member shall hold his office on such terms and conditions as the Minister determines. | ||
6. A member of the Central Board shall be paid by the Central Board out of moneys at its disposal such travelling expenses and subsistence allowances as the Minister, with the consent of the Minister for the Public Service, determines. | ||
7. The Minister may remove from office any member of the Central Board, other than a person who is such a member by virtue of Article 3 (2) of this Part, who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour, or whose removal appears to the Minister to be necessary for the effective performance by the Central Board of its functions. | ||
8. A member of the Central Board, other than a person who is such a member by virtue of Article 3 (2) of this Part, may resign his office as such member by letter addressed to the Minister and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Central Board held next after the Central Board has been informed of the resignation by the Minister. | ||
9. (1) Where a member of the Central Board appointed by the Minister under Article 5 of this Part is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, or to the Assembly of the European Communities, or is appointed under section 15 of the Act of 1977 to fill a vacancy in the said Assembly, he shall upon accepting nomination as such a member or upon nomination for such election, as the case may be, cease to be a member of the Central Board. | ||
(2) Where a person appointed by the Minister to be a member of the Central Board— | ||
(a) is adjudged bankrupt or makes a composition or arrangement with his creditors, or | ||
(b) does not pay any fishery rate payable by him for the service of a local financial year before the expiration of that year, or | ||
(c) is convicted of an offence under the Fisheries Acts or under any instrument made under those Acts, or | ||
(d) under provisions made under Article 19 of this Part he becomes disqualified for membership of the Central Board, | ||
he shall thereupon cease to be such a member. | ||
10. A chairman or a member of the Central Board appointed by the Minister under this Part whose term of office expires otherwise than by reason of his removal from office shall be eligible for reappointment. | ||
11. Where a casual vacancy occurs among the members of the Central Board appointed by the Minister, the Minister may, if he thinks fit, take such steps as are necessary to fill the vacancy; provided that where as a result of the vacancy there are for the time being less than four such members of the Central Board, the vacancy shall be filled under this Article and as soon as possible. | ||
12. The Central Board shall hold not less than four meetings in every year which commences after the appointed day. | ||
13. The Minister shall fix the date, time and place of the first meeting of the Central Board. | ||
14. At a meeting of the Central Board the chairman of the Central Board shall, if present, be chairman of the meeting, but if the chairman of the Central Board is not present at a meeting or if the office of such chairman is vacant, then the members of the Central Board present at the meeting shall choose one of their number to be chairman of the meeting. | ||
15. The quorum for a meeting of the Central Board shall be four. | ||
16. Each member of the Central Board at a meeting thereof shall have a vote. | ||
17. Every question at a meeting of the Central Board shall be determined by a majority of votes of the members present and voting and, in the event that voting is equally divided, the chairman shall have a casting vote. | ||
18. Subject to having a quorum, the Central Board may act notwithstanding a vacancy among its members. | ||
19. Subject to the provisions of this Act, the Central Board shall regulate its procedure and business, and without prejudice to the generality of the foregoing, provide, by standing orders or otherwise, that if and whenever members of the Central Board appointed by the Minister fail to attend either a specified number of consecutive meetings of the Central Board or all of such meetings held during a specified period, they shall be disqualified for continuing to be a member of the Central Board. | ||
20. The Central Board may perform any of its functions through or by any of its officers or servants or any other person duly authorised by the Central Board in that behalf, but nothing in this Article shall be construed as enabling any person to execute on behalf of the Central Board any document under seal. | ||
21. The Central Board shall, as soon as may be after its establishment, provide itself with a seal. | ||
22. The seal of the Central Board shall be authenticated by the signature of the chairman of the Central Board or some other member thereof authorised by the Central Board to act in that behalf, and by the signature of an officer of the Central Board authorised by the Central Board to act in that behalf. | ||
23. Judicial notice shall be taken of the seal of the Central Board and every document purporting to be an instrument made by the Central Board and to be sealed with the seal (purporting to be authenticated in accordance with Article 22 of this Part) of the Central Board shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown. | ||
24. (1) The Central Board may accept gifts of money, land or other property upon such terms and conditions (if any) as shall be specified by the donor. | ||
(2) The Central Board shall not accept a gift if the conditions attached by the donor to the acceptance are inconsistent with the functions of the Central Board. | ||
25. The headquarters of the Central Board shall be located at such place as shall stand specified for the time being by the Minister. | ||
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PART II Regional Fisheries Boards | ||
1. The Board 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 and to acquire and exercise rights in, over or under land or water. | ||
2. Where a member of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or to the Assembly of the European Communities, or is appointed under section 15 of the Act of 1977 to fill a vacancy in the said Assembly, he shall upon accepting nomination as such a member or upon nomination for such election, as the case may be, cease to be a member of the Board. | ||
3. (a) A member of the Board may at any time resign his office by letter addressed to the chairman of the Board and the resignation shall, unless it is previously withdrawn, take effect on the commencement of the meeting of the Board held next after the receipt by such chairman of such letter. | ||
(b) A resignation under this Article may be withdrawn by a letter addressed to and received by the chairman of the Board before the meeting of the Board held next after the resignation was received by such chairman. | ||
4. A member of the Board whose term of office expires otherwise than by reason of his being removed from office shall be eligible for election, re-election, appointment or re-appointment. | ||
5. (1) Subject to paragraph (3) of this Article, where a casual vacancy occurs, whether by virtue of Article 7 or 11 of this Part or otherwise, among the elected members of the Board, the Board may co-opt a person to fill the vacancy. | ||
(2) Where such a casual vacancy occurs among the appointed members of the Board, the Minister shall take such steps as are necessary to fill the vacancy as soon as possible. | ||
(3) (a) Where a casual vacancy occurs by virtue of Article 11 of this Part among the elected members of the Board, the Board shall not during the remainder of the period for which the member occasioning the vacancy, if he had continued to be a member, would have held office, co-opt that person to the Board. | ||
(b) Where a casual vacancy occurs amongst the elected members of the Board and the member occasioning the vacancy was elected at a poll of an electorate of a particular class specified in regulations under section 12 of this Act, the following provisions shall apply as regards the filling of the vacancy: | ||
(i) in case there was only one unsuccessful candidate at the relevant election, the Board shall, subject to his agreement, co-opt the person who was such candidate, | ||
(ii) in case there were two or more such candidates at such election, the board shall, subject to his agreement, co-opt the person who as such a candidate got the more or the most, as may be appropriate, votes at such election (and in case there is an equality of votes the matter shall be determined by lot), and | ||
(iii) in case the requirements of the foregoing provisions of this subparagraph cannot be complied with the Board shall, subject to his agreement, co-opt either any other such candidate or a member of such electorate. | ||
(4) A person co-opted or appointed under this Article to fill a casual vacancy shall, subject to Articles 7 and 11 of this Part, hold office for the remainder of the period for which the member occasioning the vacancy, had he continued to be a member, would have held office. | ||
6. (1) Where the Board is satisfied that the person who for the time being is chairman of the Board is incapable through ill-health of effectively performing his duties as a member of the Central Board, the Board may, subject to the provisions of this Article, by resolution nominate a member of the Board to act in such chairman's stead as a member of the Central Board. | ||
(2) (a) A resolution under this Article shall only be passed if not less than such number of members present at the meeting as shall be fixed for the time being for the purposes of this Article by the Minister, at which meeting there shall be present not less than a number of members so fixed for the time being, vote in favour of the resolution. | ||
(b) The Minister may for the purposes of this Article fix the number of members in relation to— | ||
(i) regional boards generally, | ||
(ii) regional boards of a particular class or description, | ||
(iii) a particular regional board. | ||
(3) A resolution under this Article shall specify— | ||
(i) both the person by reason of whose illness the resolution is passed and the person nominated by the resolution, and | ||
(ii) the period (being a period not exceeding six months beginning on the date on which the resolution is passed) during which the resolution is to remain in force. | ||
(4) For so long as a resolution under this Article remains in force the following provisions shall have effect: | ||
(i) the person by reason of whose ill-health the resolution was passed shall not be a member of the Central Board, | ||
(ii) the person nominated by the resolution shall be a member of the Central Board, | ||
(iii) Article 3 (2) of Part I of this Schedule shall in relation to the Board be construed and have effect as if in lieu of the reference therein to a person holding the office of chairman of a regional board there were substituted a reference to the person nominated by the resolution. | ||
7. Where a member of the Board— | ||
(a) is adjudged bankrupt or makes a composition or arrangement with his creditors, or | ||
(b) does not pay any fishery rate payable by him for the service of a local financial year before the expiration of that year, or | ||
(c) is convicted of an offence under the Fisheries Acts or under any instrument made under those Acts, or | ||
(d) under provisions made under Article 17 of this Part becomes disqualified for membership of the Board, | ||
he shall thereupon cease to be such a member. | ||
8. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions. | ||
(2) The Minister may fix the date, time and place of the first meeting of the Board. | ||
9. Any three or more members of the Board may call a special meeting of the Board provided— | ||
(a) notice of the place, date and hour of the meeting subscribed by three or more such members shall have been published at least ten days prior to the date fixed for the meeting in two newspapers circulating in the Board's fisheries region, or | ||
(b) not less than ten days notice so subscribed of the place, date and hour of the meeting shall have been given in writing to each member of the Board. | ||
10. A member of the Board shall be paid by the Board out of moneys at its disposal such travelling expenses and subsistence allowances as the Minister, with the consent of the Minister for the Public Service, determines. | ||
11. The Minister may remove from office any member of the Board who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour, or whose removal appears to the Minister to be necessary for the effective performance by the Board of its functions. | ||
12. The quorum for a meeting of the Board shall be such number as shall for the time being be specified in writing by the Minister. | ||
13. Each member of the Board at a meeting thereof shall have a vote. | ||
14. (1) (a) The Board shall from time to time elect one of its members to be chairman of the Board and shall when electing a chairman fix his term of office. | ||
(b) At a meeting of the Board the chairman of the Board shall, if present, be chairman of the meeting, but if the chairman of the Board is not present at a meeting or if the office of such chairman is vacant, then the members of the Board present at the meeting shall choose one of their number to be chairman of the meeting. | ||
(c) The chairman of the Board may at any time resign his office of chairman by letter addressed to the Board and the resignation shall, unless it is previously withdrawn, take effect on the commencement of the meeting of the Board held next after the receipt by the Board of such letter. | ||
(d) A resignation under this Article may be withdrawn by a letter addressed to and received by the Board before the meeting of the Board held next after the letter of resignation was received by the Board. | ||
(2) The chairman of the Board shall be paid such remuneration (if any) as the Minister, with the consent of the Minister for the Public Service, determines. | ||
15. Subject to section 17 (2) (b) of this Act and Article 6 (2) (a) of this Part, every question at a meeting of the Board shall be determined by a majority of votes of the members present and voting and in the event that voting is equally divided, the chairman shall have a casting vote. | ||
16. Subject to having a quorum, the Board may act notwithstanding a vacancy among its members. | ||
17. Subject to the provisions of this Act, the Board shall regulate its procedure and business. | ||
18. The Board may perform any of its functions through or by any of its officers or servants or any other person duly authorised by the Board in that behalf, but nothing in this Article shall be construed as enabling any person to execute on behalf of the Board any document under seal. | ||
19. The Board shall, as soon as may be after its establishment, provide itself with a seal. | ||
20. The seal of the Board shall be authenticated by the signature of the chairman of the Board or by some other member thereof authorised by the Board to act in that behalf, and by the signature of an officer of the Board authorised by the Board to act in that behalf. | ||
21. Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with Article 20 of this Part) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. | ||
22. (1) The Board may accept gifts of money, land or other property upon such terms and conditions (if any) as may be specified by the donor. | ||
(2) The Board shall not accept a gift if the conditions attached by the donor to the acceptance are inconsistent with the functions of the Board. | ||
23. The headquarters of the Board shall be located at such place as shall stand specified for the time being by the Minister. | ||
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PART III Interpretation (Second Schedule) | ||
In this Schedule “the Fisheries Acts” means the Fisheries Acts, 1959 to 1980, as amended or extended by or under any enactment other than this Act. |