Agriculture (Research, Training and Advice) Act, 1988

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FIRST SCHEDULE

Teagasc—The Agriculture and Food Development Authority

Section 3 .

1. Teagasc 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.

2. Teagasc shall consist of a chairman, and 10 ordinary members, who shall be appointed to be members of Teagasc by the Minister.

3. The chairman of Teagasc may at any time resign his office by letter addressed to the Minister.

4. The Minister may at any time remove the chairman of Teagasc from office.

5. Subject to the provisions of this Schedule, the chairman of Teagasc shall hold office on such terms and conditions as the Minister may determine.

6. The chairman of Teagasc shall be paid, out of moneys at the disposal of Teagasc, such remuneration and allowances for expenses incurred by him as the Minister may, with the consent of the Minister for Finance, determine.

7. Of the ordinary members of Teagasc—

(a) 5 shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate for membership of Teagasc) of or in relation to, agriculture, agricultural research, education (including higher education), food processing, the food processing industry or the management of commercial enterprises, and

(b) 5 shall be persons nominated for appointment as members of Teagasc by such organisations as the Minister may determine that are representative of persons engaged in agriculture or the promotion or development of the agricultural industry; and the Minister may appoint as members of Teagasc one or more persons nominated under this subparagraph by such an organisation as aforesaid or one or more persons nominated by a group, designated by the Minister, of such organisations as aforesaid.

8. Subject to the provisions of this Schedule, each ordinary member of Teagasc shall hold office on such terms and conditions as the Minister may determine.

9. (1) The term of office of the chairman of Teagasc shall be 5 years.

(2) (a) Subject to the provisions of this subparagraph, the term of office of an ordinary member of Teagasc shall be 5 years.

(b) The term of office of 3 (determined by the Minister by lot) of the first 10 persons appointed to be ordinary members of Teagasc shall be 3 years.

(c) The term of office of 3 (determined by the Minister by lot) of the first 10 persons appointed to be ordinary members of Teagasc shall be 4 years.

10. (1) If a member of Teagasc dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of Teagasc to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of Teagasc who occasioned the casual vacancy.

(2) A person appointed to be a member of Teagasc by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he is appointed to fill and shall be eligible for re-appointment as a member of Teagasc.

11. A member of Teagasc whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of Teagasc.

12. The Minister may at any time remove an ordinary member of Teagasc from office.

13. An ordinary member of Teagasc may resign his office as a member by letter addressed to the Minister.

14. A member of Teagasc 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 a term of imprisonment or penal servitude or ceases to be ordinarily resident in the State.

15. Each ordinary member of Teagasc shall be paid, out of moneys at the disposal of Teagasc such remuneration (if any) and allowances for expenses incurred by him (if any) as the Minister may, with the consent of the Minister for Finance, sanction.

16. Teagasc shall hold such and so many meetings as may be necessary for the performance of its functions.

17. The Minister may fix the date, time and place of the first meeting of Teagasc.

18. The quorum for a meeting of Teagasc shall be 6.

19. At a meeting of Teagasc—

(a) the chairman of Teagasc shall, if present, be the chairman of the meeting, and

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

20. The chairman of Teagasc, and each ordinary member of Teagasc, present at a meeting thereof shall have a vote.

21. Every question at a meeting of Teagasc 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.

22. Teagasc may act notwithstanding one or more than one vacancy among its members.

23. Subject to the provisions of this Schedule, Teagasc shall regulate, by standing orders or otherwise, the procedure and business of Teagasc.

24. Teagasc shall, as soon as may be after its establishment, provide itself with a seal.

25. The seal of Teagasc shall be authenticated by the signature of the chairman of Teagasc or some other member thereof authorised by Teagasc to act in that behalf and the signature of an officer of Teagasc authorised by Teagasc to act in that behalf.

26. Judicial notice shall be taken of the seal of Teagasc and every document purporting to be an instrument made by Teagasc and to be sealed with the seal (purporting to be authenticated in accordance with paragraph 25) of Teagasc shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.