S.I. No. 206/1978 - The Fire Prevention Council (Establishment) Order, 1978.

S.I. No. 206 of 1978.

THE FIRE PREVENTION COUNCIL (ESTABLISHMENT) ORDER, 1978.

The Minister for the Environment 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 Fire Prevention Council (Establishment) Order, 1978.

2. In this Order—

"the Act" means the Local Government Services (Corporate Bodies) Act, 1971 ;

"the Council" means the body established under article 3 of this Order;

"the Federation" means the Federation of Insurers in Ireland;

"the fire insurance interests" means bodies which are authorised under the Insurance Acts, 1936 to 1971 and the European Communities (Non-Life Insurance) Regulations, 1976 ( S.I. No. 115 of 1976 ) to carry on fire insurance business in Ireland and which are for the time being designated by the Minister for the purpose of sub-section 3 of section 3 of the act;

"the Chairman" means the Chairman of the Council appointed by the Minister under article 5 (2) of this Order;

"local authority" means the Council of a County, the Corporation of a County or other Borough or the Council of an Urban District;

"the Minister" means the Minister for the Environment;

"Advisory Panel" means the panel established by the Council under article 6 of this Order.

3. A body known as An Chomhairle do Chosc Dóiteáin or, in the English language, the Fire Prevention Council is hereby established to provide the services specified in article 4 of this Order for the Minister, for local authorities and for the fire insurance interests.

4. The following shall be the services to be provided by the Council in pursuance of article 3 of this Order—

( a ) to promote public awareness of fire hazards of all kinds;

( b ) to advance education in fire safety (including fire protection measures, and measures in the event of fire outbreak);

( c ) to promote fire safety in the design, control and use of buildings, other structures and places;

( d ) to provide information on the causes, characteristics and effects of fire outbreaks;

( e ) in matters relating to its functions under (a), (b), (c) and (d) above—

(i) to conduct publicity, organise conferences and courses and provide advisory services;

(ii) to promote or assist in the development of appropriate safety codes or systems;

(iii) to promote or assist in the carrying out of research;

(iv) to publish or otherwise make available information, material, films or other matter and to take subscriptions, or make charges, in relation to such matters.

5. (1) The Council shall consist of eight members—

( a ) four of whom shall be appointed by the Minister, and

( b ) four of whom shall be appointed by the Minister on the nomination of the Federation.

(2) The term of office of a member of the Council shall be two years and each member shall hold office for the period for which he is appointed unless he sooner dies, resigns by letter addressed to the Minister or is notified in writing by the Minister that his membership of the Council has been terminated by the Minister.

(3) The Minister shall appoint a Chairman of the Council who shall be a member of the Council and who shall hold office as such Chairman so long as he remains a member of the Council or until the Minister appoints another person to be Chairman.

(4) ( a ) The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members.

( b ) Subject to the provisions of paragraph (a) of this subarticle, the Council may regulate its own procedure.

6. In order to facilitate the discharge of the functions of the Council the Council shall establish an Advisory Panel, and shall appoint to it representatives of such organisations, and such other persons, having responsibilities, knowledge or experience related to the functions of the Council, as the Council consider fit.

7. (1) The Council shall provide itself with a seal.

(2) The seal of the Council shall be authenticated by the signature of the Chairman (or some other member of the Council duly authorised by the Council to act in that behalf) and by the signature of a person duly authorised by the Council to act in that behalf.

8. (1) The Council shall cause to be kept proper accounts of all income and expenditure of the Council in each financial year and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the Council.

(2) The financial year of the Council shall be the period of twelve months ending on the 31st December in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 1978 shall be deemed to be a financial year.

(3) An abstract of accounts of the Council, in a form approved by the Minister, for each financial year, shall, as soon as may be after the end of such financial year, be prepared and shall be audited by and be subject to a report by an auditor appointed for the purpose by the Council with the consent of the Minister.

(4) A copy of the abstract of accounts and the auditor's certificate and report thereon shall be presented to the Minister.

(5) The Council shall, when requested by the Minister or by an officer authorised for that purpose, supply such information as the Minister or such officer may require and shall permit such officer to examine the books and accounts of the Council in respect of any financial year or other period and the Council shall facilitate any such examination.

9. The Council shall, in each year, make a report to the Minister and to the Federation of its activities during the preceding year.

10. (1) The Council shall furnish to the Minister such information regarding the performance or proposals for the performance of its functions as the Minister may from time to time require.

(2) The Council shall, in accordance with any direction which may from time to time be given by the Minister, submit in each financial year a programme of activities for the following financial year and an estimate of the expenditure to be incurred on such activities.

11. (1) The Council shall cause to be held once a year a meeting at which there shall be entitled to be present persons who are members of the Council or of the Advisory Panel, and such other persons, if any, as the Council may decide.

(2) The Council shall cause to be placed before such meeting—

( a ) a report of its activities during the preceding year;

( b ) a copy of the abstract of accounts of the Council for the preceding financial year and the auditor's certificate and report thereon and

( c ) a programme of its activities for the current year.

(3) The persons lawfully present at such meeting may, by resolution decided by simple majority, make recommendations on any matter related to the functions and activities of the Council.

12. (1) The Council may do all such things as may be necessary for the effective discharge of its functions.

(2) In particular the Council may—

( a ) appoint or arrange for the appointment of committees including committees for particular areas in order to facilitate the discharge of the functions of the Council;

( b ) with the consent of the Minister, borrow money and purchase or take on lease any land or premises and with the like consent sell, let, or otherwise dispose of any land or premises vested in the Council;

( c ) accept gifts of money, land and other property upon such trusts and conditions, if any, consistent with the functions of the Council, as may be specified by the donor.

13. (1) ( a ) The Council may, with the consent of the Minister, appoint a person to manage the day to day business of the Council and to carry out such functions as may be assigned to him from time to time by the Council and the person so appointed shall be known as the Chief Executive Officer.

( b ) The manner and terms of appointment of the Chief Executive Officer shall be such as are determined by the Minister with the consent of the Minister for the Public Service.

(2) ( a ) The Council may employ such and so many persons as it may from time to time think proper for the carrying out of the Council's duties;

( b ) the manner and terms of appointment of such persons and their number shall be such as are determined by the Minister with the consent of the Minister for the Public Service;

( c ) every person employed by the Council shall carry out such duties as the Council may from time to time assign to such person.

14. For the purpose of enabling the Council to perform its functions on and from the date of this Order, the Council may enter into arrangements with the Minister for the supply by the Minister of any services required by the Council.

15. (1) The Chairman of the Council may be paid out of funds at the disposal of the Council such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for the Public Service.

(2) Travelling and subsistence allowances may be paid by the Council to such persons or classes of persons and in accordance with such scale and in such circumstances as may from time to time he approved by the Minister with the consent of the Minister for the Public Service.

GIVEN under the Official Seal of the Minister for the

Environment this 20th day of July 1978.

SYLVESTER BARRETT,

Minister for the Environment.

The Minister for Finance hereby agrees to the establishment by the above Order of the Fire Prevention Council.

Dated this 20th day of July, 1978.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

This Order establishes, under the Local Government Services (Corporate Bodies) Act, 1971 , a Council to provide services in fire safety for the Minister, local authorities and fire insurance bodies. The Order enables, the Council to conduct publicity, to promote or assist the development of safety codes and the carrying out of research and to publish material.

The Order provides for the appointment of members of the Council, procedures, staffing arrangements and other related matters.