S.I. No. 142/2019 - Education and Training Boards Act 2013 (Local Authority Members) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th April, 2019.

I, JOE McHUGH, Minister for Education and Skills, in exercise of the powers conferred on me by sections 3 and 30 (5) of the Education and Training Boards Act 2013 (No. 11 of 2013), and having regard to the objective specified in section 30(6) of that Act that, as far as practicable, at least 40 per cent of the members elected under section 30(1)(a) shall be women and at least 40 per cent shall be men, hereby make the following regulations:

1. These Regulations may be cited as the Education and Training Boards Act 2013 (Local Authority Members) Regulations 2019.

2. In these Regulations—

“Act of 2013” means the Education and Training Boards Act 2013 (No. 11 of 2013);

“elect” means elect members to an education and training board under section 30 (1)(a) of the Education and Training Boards Act 2013 (No. 11 of 2013);

“Order of 2019” means the Education and Training Boards Act 2013 (Composition of Local Authority Membership) Order 2019;

“panel of female candidates” shall be construed in accordance with Regulation 4;

“panel of male candidates” shall be construed in accordance with Regulation 4;

3. Each local authority shall elect members to an education and training board in accordance with these Regulations.

4. For the purpose of these Regulations, each local authority shall,—

(a) establish a panel of all the female members, and

(b) establish a panel of all the male members,

of the local authority concerned.

5. Where only one local authority is specified in column (2) of Schedule 4 to the Act of 2013 opposite the reference to an education and training board specified in column (1) of that Schedule, the local authority shall—

(a) where the panel of female candidates includes 5 or less than 5 members, deem all of the members on that panel to be elected to the education and training board concerned,

(b) where the panel of female candidates includes more than 5 members, elect at least 5 members on that panel to the education and training board concerned,

(c) where the panel of male candidates includes 5 or less than 5 members, deem all of the members on that panel to be elected to the education and training board concerned, and

(d) where the panel of male candidates includes more than 5 members, elect at least 5 members on that panel to the education and training board concerned.

6. Where, pursuant to the Order of 2019, the Minister has determined that a local authority shall elect 6, 7 or 8 members to an education and training board, the local authority shall—

(a) where the panel of female candidates includes 3 or less than 3 members, deem all of the members on that panel to be elected to the education and training board concerned,

(b) where the panel of female candidates includes more than 3 members, elect at least 3 members on that panel to the education and training board concerned,

(c) where the panel of male candidates includes 3 or less than 3 members, deem all of the members on that panel to be elected to the education and training board concerned, and

(d) where the panel of male candidates includes more than 3 members, elect at least 3 members on that panel to the education and training board concerned.

7. Where, pursuant to the Order of 2019, the Minister has determined that a local authority shall elect 4 or 5 members to the education and training board concerned, the local authority shall—

(a) where the panel of female candidates includes 2 or less than 2 members, deem all of the members on that panel to be elected to the education and training board concerned,

(b) where the panel of female candidates includes more than 2 members, elect at least 2 members on that panel to the education and training board concerned,

(c) where the panel of male candidates includes 2 or less than 2 members, deem all of the members on that panel to be elected to the education and training board concerned, and

(d) where the panel of male candidates includes more than 2 members, elect at least 2 members on that panel to the education and training board concerned.

8. Where, pursuant to the Order of 2019, the Minister has determined that a local authority shall elect 3 members to the education and training board concerned, the local authority shall—

(a) where the panel of female candidates includes only one member, deem that member to be elected to the education and training board concerned,

(b) where the panel of female candidates includes more than one member, elect at least one member on that panel to the education and training board concerned,

(c) where the panel of male candidates includes only one member, deem that member to be elected to the education and training board concerned, and

(d) where the panel of male candidates includes more than one member, elect at least one member on that panel to the education and training board concerned.

9. The Education and Training Boards Act 2013 (Local Authority Members) Regulations 2014 (S.I. 271/2014) are revoked.

GIVEN under my Official Seal,

4 April 2019.

JOE MCHUGH

Minister for Education and Skills.

EXPLANATORY NOTE

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

These Regulations set out the procedures to be used by local authorities to elect members to education and training boards, having regard to the objective that at least 40 per cent of the members elected are women and at least 40 per cent are men.