Adventure Activities Standards Authority Act, 2001

SCHEDULE

Section 11.

The Adventure Activities Standards Authority

1. The Authority shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

2. The Authority shall consist of its chairperson and 14 ordinary members.

3. The chairperson of the Authority shall be appointed by the Minister.

4. The chairperson of the Authority may at any time resign his or her office by letter addressed and delivered to the Minister.

5. The Minister may at any time remove the chairperson of the Authority from office.

6. Subject to the provisions of this Schedule, the chairperson of the Authority shall hold office on such terms and conditions as the Minister may determine.

7. The chairperson of the Authority shall be paid, out of monies at the disposal of the Authority, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may, with the consent of the Minister for Finance, determine.

8. Of the 14 ordinary members of the Authority—

(a) one ordinary member shall be appointed by the Minister on the nomination of the Minister for Tourism, Sport and Recreation,

(b) one ordinary member shall be appointed by the Minister on the nomination of the Minister for Education and Science,

(c) one ordinary member shall be appointed by the Minister from a member of the staff of his or her own department of State,

(d) one ordinary member shall be appointed by the Minister on the nomination of the National Authority for Occupational Safety and Health,

(e) four ordinary members shall be appointed by the Minister on the nomination of the national governing bodies for adventure activities, as recognised by the Irish Sports Council,

(f) four ordinary members shall be appointed by the Minister on the nomination of adventure activities operators not represented by the national governing bodies referred to at subparagraph (e),

(g) one ordinary member shall be appointed by the Minister as representative of the staff of adventure activities operators,

(h) one ordinary member shall be appointed by the Minister on the basis of his or her having such knowledge, skills or experience as the Minister considers appropriate for membership of the Authority,

(i) not less than 6 shall be women and not less than 6 shall be men.

9. Subject to the provisions of this Schedule, each ordinary member of the Authority shall hold office on such terms and conditions as the Minister may determine.

10. (1) The term of office of the chairperson of the Authority shall be 5 years.

(2) (a) Subject to the provisions of this subparagraph, the term of office of an ordinary member of the Authority shall be 5 years.

(b) The term of office of 4 (determined by the Minister by lot) of the first fourteen persons appointed to be ordinary members of the Authority shall be 3 years.

(c) The term of office of a further 5 (determined by the Minister by lot) of the first fourteen persons appointed to be ordinary members of the Authority shall be 4 years.

11. (1) If a member of the Authority dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Authority to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Authority who occasioned the casual vacancy.

(2) A person appointed to be a member of the Authority by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for reappointment as a member of the Authority.

12. A member of the Authority whose term of office expires by effluxion of time shall be eligible for reappointment as a member of the Authority.

13. The Minister may at any time remove an ordinary member of the Authority from office.

14. An ordinary member of the Authority may resign his or her office as a member by letter addressed and delivered to the Minister.

15. A member of the Authority shall be disqualified from holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or ceases to be ordinarily resident in the State.

16. Each ordinary member of the Authority shall be paid, out of monies at the disposal of the Authority, such remuneration (if any) and allowances for expenses (if any) incurred by him or her as the Minister may (with the consent of the Minister for Finance) sanction.

17. The Authority shall hold such and so many meetings as may be necessary for the performance of its functions.

18. The Minister may fix the date, time and place of the first meeting of the Authority.

19. The quorum for a meeting of the Authority shall be 9.

20. At a meeting of the Authority—

(a) the chairperson of the Authority shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of the Authority is not present or if the office of chairperson is vacant, the members of the Authority who are present shall choose one of their number to be chairperson of the meeting.

21. The chairperson of the Authority and each ordinary member of the Authority present at a meeting thereof shall have a vote.

22. Every question at a meeting of the Authority shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

23. The Authority may act notwithstanding one or more than one vacancy among its members.

24. Subject to the provisions of this Schedule, the Authority shall regulate, by standing orders or otherwise, the procedure and business of the Authority.

25. The Authority shall, as soon as may be after its establishment, provide itself with a seal.

26. The seal of the Authority shall be authenticated by—

(a) the signature of the chairperson of the Authority or some other member thereof authorised by the Authority to act in that behalf, and

(b) the signature of an officer of the Authority authorised by the Authority to act in that behalf.

27. Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be made with the seal (purporting to be authenticated in accordance with paragraph 26) of the Authority shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.