S.I. No. 361/1999 - The Irish Water Safety Association (Establishment) Order, 1999

The Minister for the Environment and 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. (1) This Order may be cited as the Irish Water Safety Association (Establishment) Order, 1999.

(2) This Order shall come into operation on 26th November, 1999.

2. (1) In this Order, any reference to an article, sub-article or paragraph which is not otherwise identified is a reference to an article of this Order, or to a sub-article or paragraph of the provision in which the reference occurs.

(2) In this Order—

the ‘Association’ means the new body being established under Article 3;

‘the Chairman’ means the Chairman of the Council appointed by the Minister under Article 6;

the ‘Council’ means the Council appointed under Article 6;

‘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 and Local Government;

3. A body known as An Cumann Sabháilteacht Uisce or, in the English language, the Irish Water Safety Association is hereby established to provide the services specified in Article 4.

4. (1) The Association shall provide the following services—

(a) the promotion of public awareness of water safety,

(b) the promotion of measures, including the advancement of education, related to the prevention of accidents in water,

(c) the provision of instruction in water safety, rescue, swimming and recovery drills, and

(d) such other services relating to water safety as the Minister may from time to time require, direct or determine.

(2) In matters relating to the services it provides under sub-article (1) the Association may—

(a) organise conferences, training courses and competitions,

(b) provide advisory services and arrange publicity and educational programmes,

(c) publish or otherwise make available information, material, film or other matter,

(d) receive subscriptions or make charges,

(e) promote or assist in the development of appropriate safety codes, systems and equipment,

(f) conduct examinations and issue certificates and awards,

(g) promote efficiency and standardisation of lifeguard services,

(h) promote measures for the recovery of bodies of victims of drowning accidents, and

(i) co-operate with other bodies, including local authorities and international bodies.

5. (1) The Minister may, from time to time, give to the Association such general directives in relation to all or any of the services which the Association may provide as he considers appropriate.

(2) In providing its services, the Association shall comply with directives given by the Minister.

6. (1) The Council shall exercise the powers of the Association, organise the Association and control and manage the affairs of the Association.

(2) 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 for so long as he remains a member of the Council, or until the Minister appoints another Chairman, or until he resigns as Chairman by letter addressed to the Minister.

(3) (a) The quorum of the Council shall be five.

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

(c) Subject to the provisions of paragraphs (a) and (b) the Council may regulate its own procedures.

(4) The Council shall consist of not more than twelve members appointed by the Minister of whom five shall be representatives of local water safety interests.

(5) The term of office of a member of the Council shall not exceed three 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.

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

(2) The seal of the Association shall be authenticated by the signature of the Chairman (or some member of the Council duly authorised by the Council to act in that behalf) and by the signature of another person 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 Association in each year and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the Association.

(2) An abstract of accounts of the Association in a form approved by the Minister, with the consent of the Minister for Finance, for each year shall, as soon as may be after the end of such 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.

(3) A copy of the abstract of accounts and the auditor’s certificate and report thereon shall be presented to the Minister as soon as the auditor’s certificate and report have been completed.

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

9. The Association shall, in the first six months of each year, make a report to the Minister of its activities during the preceding year.

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

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

11. (1) The Council may appoint, or arrange for the appointment of, committees and commissions, including committees for particular areas (to be known as area committees) to perform, or to assist in the performance of, such functions of the Association as the Council may determine.

(2) The Council may, in respect of committees and commissions prescribe rules for their organisation, procedures, membership, election of officers and associated matters.

(3) The Minister may give directions to the Association in relation to committees and commissions appointed under sub-article (1), and such directions may relate to the functions, membership and procedures of the committees and commissions and to such other matters as the Minister may consider appropriate, including the delegation of functions.

(4) A member of a committee or commission appointed under sub-article (1) may be removed from such membership by the Council.

(5) The Council may at any time dissolve a committee or commission appointed under sub-article (1).

12. The Association shall maintain a record of its membership and of all awards and certificates issued by it.

13. (1) The Association may do all such things as may be necessary to provide for the effective carrying out of its services.

(2) In particular, the Association may:

(a) with the consent of the Minister, given with the consent of the Minister for Finance, borrow money;

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

(c) accept gifts of money, land and other property upon such trusts and conditions, if any, consistent with the provision of it’s services, as may be specified by the donor;

(d) make arrangements with the Minister or, with his consent, with a person or body, for the use by the Association of premises and equipment belonging to the Minister or that person or body and for the use of the services of officers and servants of the Minister or that person or body;

(e) provide such assistance either by way of grants, prizes or other form of sponsorship as the Council may from time to time determine in respect of activities undertaken with its approval by any person.

14. (1) There shall be appointed a Chief Executive to carry on and manage and control generally the administration and business of the Association and to carry out such other functions as may be from time to time assigned to him by the Council.

(2) The Chief Executive shall be entitled to attend and speak at any meeting of the Council or of any committee or commission established under Article 11.

(3) The manner and terms of appointment of the Chief Executive shall be such as are determined by the Minister with the consent of the Minister for Finance.

(4) The Minister may at any time for stated reasons terminate the employment of the first Chief Executive;

(5) The Council may, with the consent of the Minister, at any time for stated reasons terminate the employment of any subsequent Chief Executive.

(6) The first Chief Executive shall be appointed by the Minister.

(7) Each subsequent Chief Executive shall be appointed by the Council with the consent of the Minister.

15. (1) The Association may employ such and so many persons as the Council may, from time to time, think proper and in employing any such persons the Association shall comply with any directions given by the Minister with the consent of the Minister for Finance relating to the procedure to be followed.

(2) The number and classes of such persons who may be employed by the Association shall be as determined by the Minister with the consent of the Minister for Finance.

(3) Every person employed by the Association shall carry out such duties as the Council may from time to time assign to such person.

(4) Subject to the sanction or direction of the Minister, given with the consent of the Minister for Finance, the Association shall determine the remuneration and conditions of service of persons employed by the Association and may, from time to time, alter the remuneration or conditions of service of any such persons.

(5) Every person employed by the Association holding office in a wholetime permanent capacity shall cease to hold office on attaining the age of sixty-five years or may be required to retire at any time after attaining the age of sixty years.

16. Schemes and regulations made under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) shall apply to the Association as if it were a local authority.

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

(2) Travelling and subsistence allowances may be paid out of funds at the disposal of the Association to such persons or classes of persons and in accordance with such scales and in such circumstances as may from time to time be approved by the Minister for Finance.

The Minister for Finance hereby agrees to the establishment by the above Order of the Irish Water Safety Association.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order establishes the Irish Water Safety Association as a Corporate body under the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971) to provide services to the Minister and local authorities in relation to the promotion of public awareness of water safety, the advancement of education in relation to the prevention of accidents in water and such other services relating to water safety.

The Order also provides for the appointment of members of the Council of the Association including the Chairman and for procedural and other related matters.