Commission to Inquire into Child Abuse (Amendment) Act 2005
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SCHEDULE Membership and Meetings of Board | ||
1. In this Schedule, unless the context otherwise requires, “member” means a member of the Board. | ||
2. (1) Upon its establishment the Board shall provide itself with and retain in its possession a seal. | ||
(2) The seal of the Board shall be authenticated by the signature of— | ||
(a) the chairperson of the Board or another member authorised by the Board in that behalf, and | ||
(b) an employee of the Board authorised by the Board in that behalf. | ||
(3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal of the Board (purporting to be authenticated in accordance with subparagraph (2)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown. | ||
3. (1) The Minister may at any time, for stated reasons, remove a member from office. | ||
(2) A member (other than the chairperson) may at any time resign from office as a member by notice in writing to the chairperson and the resignation shall take effect on the date of the meeting of the Board next held after the receipt by the Board of the notice. | ||
(3) The chairperson may at any time resign from office as a member by notice in writing to the Minister and the resignation shall take effect on the date of the meeting of the Board next held after the receipt by the Minister of the notice. | ||
(4) A member who is absent from all meetings of the Board for 12 consecutive months shall, unless the absence was due to illness or was approved of by the Board, cease to be a member at the expiration of that period. | ||
(5) Subject to this Schedule, a member shall hold office for a term of such duration, not exceeding 4 years, as the Minister may determine at the time of his or her appointment. | ||
(6) A member shall not hold office as a member for more than 2 terms of office that are consecutive. | ||
(7) Where a casual vacancy occurs among the members, the Board shall notify the Minister and he or she shall appoint a person to fill the vacancy. A person so appointed shall, subject to this Schedule, hold office as a member for the remainder of the term of office of the member whose death, resignation, removal from office or otherwise ceasing to hold office occasioned the vacancy. | ||
(8) If the person who occasioned the vacancy among the members had been appointed to the Board for the purposes of section 29 (2) being complied with, the person who is appointed under subparagraph (7) to fill the vacancy shall be a former resident of an institution. | ||
4. (1) There shall be a deputy chairperson of the Board. | ||
(2) The Board shall, from time to time, elect from among its members a person to be appointed by it to be deputy chairperson of the Board (“deputy chairperson”). | ||
(3) Subject to this Schedule the deputy chairperson shall hold office for such term as may be determined by the Board at the time of his or her appointment. | ||
(4) The Board may, by a resolution passed by it, of which not less than 7 days prior notice of the intention to propose it is given to each member and for which not less than two thirds of the members vote, remove the person who is deputy chairperson from that office. | ||
(5) The person who holds the office of deputy chairperson may at any time resign from the office by notice in writing to the Board and the resignation shall take effect on the date of the meeting of the Board next held after the receipt by the Board of the notice. | ||
(6) Where, at an election for the appointment of a deputy chairperson, 2 or more persons receive an equal number of votes, it shall be determined by lot by the chairperson which of those persons shall be appointed by the Board to be deputy chairperson. | ||
5. (1) The Minister shall fix the date, time and place of the first meeting of the Board. | ||
(2) The Board shall hold at least 2 meetings in each year at such times as the chairperson may determine and such and so many other meetings as the chairperson may determine. | ||
(3) The quorum for a meeting of the Board shall be 4. | ||
(4) At least 3 days before a meeting of the Board, notice of the time and place of the meeting shall be sent to each member of the Board signed— | ||
(a) by the chairperson, or | ||
(b) if the meeting is convened by members, by those members. | ||
(5) If the meeting is convened by members, the notice convening the meeting shall specify the business to be transacted at the meeting. | ||
(6) At a meeting of the Board— | ||
(a) the chairperson shall, if present, be the chairperson of the meeting, or | ||
(b) if and so long as the chairperson is not present, or if the office of chairperson is vacant, the deputy chairperson shall, if present, be the chairperson of the meeting, or | ||
(c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy chairperson is not present or the office of deputy chairperson is vacant, the members who are present shall choose one of their number to be the chairperson of that meeting. | ||
6. (1) Minutes of the proceedings of meetings of the Board shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the chairperson of the next subsequent meeting of the Board. | ||
(2) The names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting. | ||
(3) Subject to paragraph 4(4), at a meeting of the Board every act of the Board and every question coming before the Board shall be determined by a majority of the votes of the members present and voting in relation to the act or question and, in the case of an equal division of votes, the chairperson of that meeting shall have a second or casting vote. | ||
7. Subject to paragraph 5(3), the Board may act notwithstanding one or more than one vacancy among its members or any deficiency in the appointment of a member which may subsequently be discovered. | ||
8. (1) Where at a meeting of the Board any of the following matters arise, namely— | ||
(a) an arrangement to which the Board is a party or a proposed such arrangement, or | ||
(b) a contract or other agreement with the Board or a proposed such contract or other agreement, | ||
then, any such member of the Board present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall— | ||
(i) at the meeting disclose to the Board the fact of such interest and the nature thereof, | ||
(ii) neither influence nor seek to influence a decision to be made in relation to the matter, | ||
(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed, | ||
(iv) take no part in any deliberation of the Board relating to the matter, and | ||
(v) not vote on a decision relating to the matter. | ||
(2) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting. | ||
(3) Where at a meeting of the Board a question arises as to whether or not a course of conduct, if pursued by a member of the Board, would constitute a failure by him or her to comply with the requirements of subparagraph (1), the question may be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. | ||
(4) Where the Minister is satisfied that a member of the Board has contravened subparagraph (1), the Minister may, if he or she thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for membership of the Board. | ||
9. (1) Where a member of the staff of the Board has an interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Board is a party, that person shall— | ||
(a) disclose to the Board his or her interest and the nature thereof, | ||
(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Board or members of the staff of the Board in relation thereto, and | ||
(c) neither influence nor seek to influence a decision to be made in relation to the matter nor make any recommendation in relation to the contract, agreement or arrangement. | ||
(2) Subparagraph (1) shall not apply to contracts or proposed contracts of employment of members of the staff of the Board with the Board. | ||
(3) Where a person contravenes this paragraph the Board may make such alterations to the person's terms and conditions of employment as it considers appropriate or terminate the person's contract of employment. | ||
10. Subject to the provisions of this Act, the Board may regulate by standing orders or otherwise the procedure of meetings of the Board. |