Health Service Executive (Governance) Act 2019

Amendment of Schedule 2 to Principal Act

32. Schedule 2 to the Principal Act is amended—

(a) in paragraph 1, by the substitution of the following subparagraph for subparagraph (2):

“(2) The seal of the Executive must be authenticated—

(a) by the signature of 2 members of the Board, or

(b) by the signature of both—

(i) a member of the Board, and

(ii) an employee of the Executive authorised by the Board to authenticate the seal.”,

and

(b) by the insertion of the following paragraphs after paragraph 1:

“Meetings of Board

2A. (1) The Minister, in consultation with the chairperson, shall fix the date, time and place of the first meeting of the Board.

(2) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions, but in each year shall hold not fewer than one meeting in each of 11 months of that year.

(3) The chairperson may at any reasonable time call a meeting of the Board.

(4) Any 8 or more members may call a meeting of the Board if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 8 members, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with such requisition.

(5) The members present at a meeting called under subparagraph (4) shall choose one of their number to chair the meeting.

Quorum and procedures

2B. (1) The quorum for a meeting of the Board shall be 7 ordinary members of the Board and—

(a) subject to paragraph (b), the chairperson, deputy chairperson or other member chosen in accordance with subparagraph (2)(c) to be the chairperson of the meeting, or

(b) for such a meeting called in accordance with paragraph 2A(4), the member chosen under paragraph 2A(5) to chair the meeting.

(2) Subject to paragraph 2A(5), at a meeting of the Board—

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

(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 other members of the Board who are present shall choose one of their number to be chairperson of the meeting.

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

(4) Subject to subparagraph (1), the Board may act notwithstanding one or more vacancies among its members.

(5) Subject to the provisions of this Act, the Board shall regulate its procedure by rules or otherwise.”.