Institutional Burials Act 2022

Advisory Board

13. (1) A relevant Minister shall, as soon as practicable after the making of a Government order under section 7 (1), establish a board (in this Act referred to as an “Advisory Board”) to provide advice and guidance to the Director concerned in the performance of his or her functions.

(2) Subject to subsection (3), a Director may, where he or she considers it appropriate to do so, seek the advice and guidance of an Advisory Board in the performance of his or her functions.

(3) A Director shall seek the advice and guidance of an Advisory Board prior to performing functions of the Director—

(a) specified in paragraphs (b), (c), (j) and (k) of section 10 , and

(b) under subparagraphs (i) and (ii), and (iii) (in so far as those functions relate to functionsunder paragraphs (b), (c), (j) and (k)), of paragraph (l) of section 10 to be performed by the Director in accordance with an order made under section 7 .

(4) The members of an Advisory Board referred to in paragraphs (a) and (b) of section 14 (1) may, at the request of a Director, form a sub-committee of the Board for the purposes of providing specific technical advice and guidance to the Director having regard to those members’ particular professional expertise in relation to the functions of the Director.

(5) Subject to subsections (6) and (7), an Advisory Board shall hold such and so many meetings as may be necessary for the due performance of its functions.

(6) An Advisory Board shall, in each year, hold not less than one meeting in each 3 month period with a Director and the Director shall, at those meetings, provide the Board with an update on the performance of his or her functions.

(7) An Advisory Board shall, when requested to do so by a Director, meet with the Director for the purposes of performing its function under subsection (3).

(8) A relevant Minister shall fix the date, time and place of the first meeting of an Advisory Board.

(9) At a meeting of an Advisory Board, the chairperson shall, if present, be chairperson of the meeting and if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Board present shall choose one of their members to act as chairperson.

(10) Subject to subsection (11), the quorum for a meeting of an Advisory Board shall be 4.

(11) Where an Advisory Board is comprised, in accordance with section 14 (4), of fewer than 6 members, the quorum for a meeting of the Board shall be determined by the relevant Minister.

(12) Subject to this Act, the chairperson of an Advisory Board shall regulate the procedures of the Board.

(13) Nothing in this section shall be construed as entitling a member of an Advisory Board to receive, as compelling a Director to give to the Board or as allowing a Board to discuss, information—

(a) contained in a notification referred to in section 42 or 44 or given by the person making the notification for the purposes of establishing his or her entitlement to make that notification,

(b) given by a person for the purposes of establishing whether or not he or she may, in accordance with section 48 , participate in an Identification Programme,

(c) given by a relevant person for the purposes of his or her participation in an Identification Programme, or

(d) which reveals the results of a DNA profile comparison by reference to an identifiable relevant person or an identifiable applicable person.