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Governing Body
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5.—(1) This section shall, in relation to the College, have effect in lieu of subsections (2) and (3) of section 6 of the Principal Act.
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(2) Subject to subsections (3) and (5), the governing body shall consist of—
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(a) a chairperson and 17 ordinary members, and
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(b) the Director of the College.
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(3) The first ordinary members of the governing body shall be 12 in number or such greater number, not exceeding 17, as may be permitted in consequences of the operation of subsection (5).
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(4) The first ordinary members of the governing body shall be appointed by the Minister in accordance with the following provisions:
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(a) subject to subsection (14), six persons, of whom at least three shall be members of a local authority, shall be nominated for such appointment by the County Dublin Vocational Education Committee;
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(b) one person shall be nominated for such appointment by the Irish Congress of Trade Unions;
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(c) five persons shall be appointed from among persons nominated for such appointment by such organisations as the Minister considers ought to be represented (having regard to the particular courses provided by the College) on the governing body and which have been invited by the Minister to make such nominations for the purposes of this paragraph, and such organisations shall be representative of industry, agriculture, commerce, the professions, local community interests and other interests which are appropriate to the activities of the College.
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(5) Whenever the governing body, as constituted in accordance with subsection (4), informs the Minister by notice in writing that it is of opinion that the number of academic staff, staff (other than academic staff) or of students of the College is sufficient to make practicable the application of one or more of paragraphs (c), (d) and (e) of section 4(1) of the Act of 1994 to the College, the Minister shall make an order applying such one or more, or all, of those paragraphs, as the case may be, to the College and the paragraph or paragraphs, so applied, shall accordingly have effect in relation to the College and the Minister shall, as soon as practicable after the commencement of the order, appoint a person or persons, as the case may be, to be a member or members of the governing body in accordance with the relevant paragraph so applied.
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(6) A separate notice under subsection (5) may be given and a separate order may be made on foot of that notice in relation to each of the paragraphs (c), (d) and (e) of section 4(1) of the Act of 1994.
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(7) Nothing in subsection (5) shall operate—
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(a) to require an appointment to which that subsection relates to be made on the recommendation of a vocational education committee,
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(b) to prevent the governing body performing the functions referred to in section 7 of the Principal Act pending the making of appointments under that subsection.
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(8) In making appointments to the governing body pursuant to this section the Minister shall have regard to the extent to which each sex is represented on the governing body and shall ensure an appropriate gender balance as determined by the Minister from time to time.
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(9) The first members of the governing body (other than the chairperson, the Director of the College or the persons referred to in section 4(1)(e) of the Act of 1994) shall hold office for two years.
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(10) The Minister may by order extend the term of office of the first members of the governing body but an order shall not be made under this subsection extending that term of office beyond the period of five years from the date on which the persons referred to in paragraphs (a), (b) and (c) of subsection (4) were appointed as members of the governing body under that subsection.
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(11) Where an order under subsection (10) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
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(12) Paragraph 3(1) of the Second Schedule to the Principal Act shall have effect in relation to the first ordinary members of the governing body as if the words “on the recommendation of the vocational education committee” were omitted in each place where they occur in that provision.
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(13) The ordinary members of the governing body appointed after the term of office of the first ordinary members thereof expires shall be appointed in accordance with section 4 of the Act of 1994 and the other relevant provisions of the Regional Technical Colleges Acts, 1992 and 1994.
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(14) If the region likely, in the opinion of the Minister, to be served by the College includes all or part of the functional area of one or more than one vocational education committee, other than the County Dublin Vocational Education Committee, the Minister may direct that one or more than one, but not more than four in all, of the persons to whom paragraph (a) of subsection (4) relates, shall be nominated by such of those other committees as the Minister may specify.
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