Education Act, 1998

PART IX

Bodies Corporate

Establishment of bodies to provide services related to education.

54.—(1) The Minister, with the concurrence of the Government, may from time to time by order (in this Act referred to as an “establishment order”) establish a body to perform, subject to subsection (2), functions in or in relation to the provision of support services.

(2) The performance of functions by a body established under subsection (1) shall be subject to the determination of matters of policy by the Minister.

(3) A body established under subsection (1) shall be known by such title as may be specified in the establishment order.

(4) A body so established shall be a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name and to hold land.

(5) The Minister may from time to time by order amend an establishment order or an order made under this subsection.

(6) The person appointed as principal officer of a body established under subsection (1) shall be accountable to the Minister in carrying out the functions referred to in that subsection.

(7) Before making an order under this section the Minister shall consult, as the Minister considers appropriate, with persons directly affected by the proposed order or with trade unions or associations representing such persons.

(8) Notwithstanding section 5 , the Minister shall not make an order under this section unless he or she has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.