S.I. No. 217/1971 - The Local Government Staff Negotiations Board (Establishment) Order, 1971.
S.I. No. 217 of 1971. | ||
THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD (ESTABLISHMENT) ORDER, 1971. | ||
The Minister for Local Government in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act, 1971 , (No. 6 of 1971) hereby Orders as follows:— 1. This Order may be cited as the Local Government Staff Negotiations Board (Establishment) Order, 1971. 2. In this Order | ||
"the Act" means the Local Government Services (Corporate Bodies) Act, 1971 ; | ||
"the Board" means the body established under Article 3 of this Order; | ||
"the Board Chairman" means the Chairman for the time being of the Board; | ||
"the Council" means the Council established under Article 5 of this Order; | ||
"the Minister" means the Minister for Local Government; | ||
"qualified person" means— | ||
(a) a manager or assistant manager for the purposes of the Acts relating to the management of a county borough, or the personnel officer of the Right Honorable the Lord Mayor, Aldermen and Burgesses of Dublin; | ||
(b) a manager or assistant manager for the purposes of the County Management Acts 1940 and 1955; | ||
(c) a chief executive officer of a health board established under the Health Act, 1970 . 3. A body known as An Bord Comhchaibidlí Foirne Rialtas Áitiúil or, in the English language, the Local Government Staff Negotiations Board is hereby established to provide for the authorities to which the Act applies such services as may be required by those authorities for the purpose of staff negotiations, including proceedings under any scheme of conciliation and arbitration for local authority officers and Labour Court proceedings. 4. (1) The Board shall consist of not more than ten and not less than six qualified persons appointed by the Council in accordance with the requirements of this Article. | ||
(2) At least two of each of the classes of qualified person referred to in paragraphs (a), (b) and (c) of Article 2 of this Order shall be members of the Board. | ||
(3) The term of office of a member of the Board shall be such period not exceeding three years as may be specified by the Council when appointing him and he shall hold office for that period unless he sooner dies, resigns by letter addressed to the Council or ceases to be a qualified person. | ||
(4) The Board shall appoint from amongst its members a Chairman, to be known as the Board Chairman, who shall hold office for one year unless he sooner ceases to be a member of the Board or the Board appoints another person to be Board Chairman. | ||
(5) The quorum of the Board shall be one-third of its members or if the number of members is not a multiple of three, one-third of the next higher number which is a multiple of three. | ||
(6) (a) The Board shall hold such and so many meetings as may be necessary for the performance of its functions. | ||
(b) The Board Chairman may, at any time, call a meeting of the Board. | ||
(c) If the Board Chairman refuses to call a meeting of the Board after a requisition for that purpose, signed by three members of the Board has been presented to him, any four members of the Board may forthwith, on that refusal, call a meeting of the Board and, if the Board Chairman (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any four members of the Board may, on the expiration of these seven days, call a meeting of the Board. | ||
(7) The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof, | ||
(8) (a) The Board may, by standing orders or otherwise, regulate its own procedure. | ||
(b) In order to facilitate the discharge of the functions of the Board, the Board may establish committees. | ||
(c) The Board may appoint to any committee such members of the Board as are willing to act on the committee and, if the Board think fit, other persons who have special knowledge or experience related to the purpose of the committee. | ||
(d) The Board shall notify the Council, the Minister and the Minister for Health of the establishment of any committee, of the purpose for which the committee is established, and of the names of the members thereof. | ||
(9) The Board shall provide itself with a seal which shall be authenticated by the signature of the Board Chairman or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf. | ||
(10) (a) The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Board, | ||
(b) The financial year of the Board shall be the period of twelve months ending on the 31st day of March in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st March, 1972, shall be deemed to be a financial year. | ||
(c) A statement of accounts of the Board for each financial year shall, as soon as may be after the end of such financial year, be prepared and after such preparation be audited by and be subject to a report by an auditor appointed for the purpose by the Minister after consultation with the Board. | ||
(d) The expenses generally of such audit shall be paid by the Board as soon as may be after each audit. | ||
(e) A copy of the audited accounts and of the Auditor's report thereon shall be presented by the Board to the Council, to the Minister for Health and to the Minister who, as soon as may be after such presentation, shall cause a copy of both the audited accounts and the report to be laid before each House of the Oireachtas. | ||
(11) (a) The Board shall, in each year, not later than such day as the Minister shall direct, make a report to the Council of its activities during the preceeding financial year and shall submit a copy of the report to the Minister and to the Minister for Health. | ||
(b) The Board shall submit to the Council or to the Minister or to the Minister for Health such information regarding the performance of its functions as the Council or either of such Ministers may from time to time require. | ||
(12) (a) The Board may appoint such and so many officers and employ such and so many servants as the Board may, from time to time, think proper and in appointing any officer or employing any servant the Board shall comply with any directions given by the Minister relating to the procedure to be followed. | ||
(b) Every officer of the Board holding office in a whole-time permanent capacity shall cease to hold his office on attaining the age of sixty-five years. | ||
(c) Subject to the sanction or directions of the Minister, the Board shall determine the remuneration and conditions of service of each officer and each servant of the Board and may, from time to time, alter the remuneration or conditions of service of any officer or servant. | ||
(d) Every officer and servant of the Board shall perform such duties as the Board may, from time to time, assign to such officer or servant. | ||
(e) The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Board by this article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent. | ||
(13) A person who for the time being holds any office under or is in the employment of the Board shall be disqualified from being a member of the Board. | ||
(14) The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) shall apply to the Board as if it were a local authority. | ||
(15) For the purpose of the performance of its functions the Board may, with the consent of the Minister, borrow money. | ||
(16) For the purpose of the performance of its functions, the Board may— | ||
(a) purchase or take on lease any land and may sell, exchange, let or otherwise dispose of any land vested in the Board, | ||
(b) make arrangements with another person or body for the use by the Board of premises or equipment belonging to that person or body or for the use by the Board of the services of officers and servants of that person or body, | ||
(c) accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor, save that the Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board. | ||
(17) The Board, with the approval of the Minister, may charge fees in respect of services provided by the Board. | ||
(18) (a) The expenses of the Board in so far as not met from other sources shall, to such extent as shall be approved by the Minister, after consultation with the Minister for Health, be recouped by the several councils of counties, corporations of county boroughs and health boards in such proportions as those authorities may agree upon, or, failing such agreement in such proportions as may be determined by the Minister after consultation with the Minister for Health. | ||
(b) In default of payment by a county council, a county borough corporation or a health board of the amount payable by them under this Article, the amount involved may be deducted from any monies payable to the county council, the county borough corporation or health board by any Minister for any purpose whatsoever and shall be paid to the Board by the Minister concerned. 5. (1) The Council shall consist of the persons who are for the time being qualified persons for the purposes of this Order. | ||
(2) The Council shall meet at least once in each year and shall hold such and so many other meetings as may be necessary for the performance of its functions. | ||
(3) The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members. | ||
(4) The Council may regulate its own procedure. 6. (1) A person shall not receive any remuneration for acting as a member of the Council, of the Board, or of any committee established by the Board. | ||
(2) Travelling and subsistence allowances may be paid by the Board, to such extent and in accordance with such scale and in such circumstances as may from time to time be approved by the Minister. | ||
GIVEN under the Official seal of the Minister for Local Government | ||
this 15th day of July 1971. | ||
ROBERT MOLLOY, | ||
Minister for Local Government. | ||
The Minister for Finance hereby consents to the Local Government Staff Negotiations Board (Establishment) Order, 1971. | ||
Dated 15th July, 1971. | ||
SEOIRSE Ó COLLA, | ||
Minister for Finance. | ||
EXPLANATORY NOTE. | ||
The purpose of the Order is to establish a Board to provide, for the authorities to which the Local Government Services (Corporate Bodies) Act, 1971 applies, such services as may be required by those authorities in staff negotiations, including proceedings under the Scheme of Concilation and Arbitration for Local Authority Officers and in Labour Court proceedings. The Order provides for the appointment of members of the Board, procedures, staffing arrangments and other related matters. |