Tourist Traffic Act, 1952

SCHEDULE.

Fógra Fáilte.

Section 33.

Incorporation.

1. The Board shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

Appointment and conditions of service.

2. (1) The Board shall consist of six members of whom one shall be Chairman.

(2) (a) The Chairman and the other members shall be appointed by the Minister.

(b) The Chairman and two other members shall be chosen from the members of An Bord Fáilte.

(3) The term of office (which shall not exceed five years) of a member shall be such as the Minister, with the consent of the Minister for Finance, determines at the time of his appointment.

(4) Each member shall be paid out of funds at the disposal of the Board such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(5) An outgoing member may be re-appointed.

Procedure.

3. (1) The quorum at a meeting of the Board shall (unless the Minister otherwise directs) be four.

(2) The Board may act notwithstanding vacancies in its membership.

(3) The Board may regulate its own procedure.

Removals, resignation and disqualification.

4. (1) The Minister may remove a member from office.

(2) A member may resign his office.

(3) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.

(5) A member shall be disqualified for holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

Superannuation of members.

5. (1) The Minister, with the concurrence of the Minister for Finance, may make a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to full-time members of the Board and may, with the like concurrence, amend any scheme.

(2) A scheme made under this paragraph shall be carried out by the Board in accordance with its terms.

(3) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(4) Every scheme made under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Common seal.

6. (1) The common seal of the Board shall, when applied to a document, be attested by the signature of the Chairman or some other member authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.

(2) All courts of justice shall take judicial notice of the common seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the common seal and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Contracts and instruments not under seal.

7. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.

Officers and servants of the Board.

8. (1) The Board shall appoint such and so many officers and servants as it thinks proper.

(2) There shall be paid by the Board to its officers and servants such remuneration and allowances as the Board shall determine.

(3) The officers of the Board may, with the consent of the Minister, include a general manager whose appointment, terms of office and removal from office shall be subject to the approval of the Minister.

(4) The Board may, if it so thinks fit, for the purpose of the appointment of a person to fill a situation in the service of the Board request the Local Appointments Commissioners to recommend to it a person for appointment to such situation, and the Commissioners on receiving such request shall select and recommend under and in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), to the Board a person for appointment to such situation and shall, if they so think proper, select and recommend to the Board two or more persons for such appointment, and the Board on receiving from the Commissioners such recommendation shall appoint to such situation the person so recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as the Board thinks proper.

(5) The Board shall pay to the Local Appointments Commissioners out of the funds at its disposal such expenses in respect of the selection and recommendation by the Commissioners under this paragraph of persons to fill situations in the service of the Board as shall be fixed by agreement between the Board and the Commissioners with the consent of the Minister for Finance or, in default of such agreement, by the Minister for Finance.

(6) Every sum received by the Local Appointments Commissioners under sub-paragraph (5) shall be deemed for the purposes of paragraph (b) of subsection (2) of section 12 of the Local Authorities (Officers and Employees) Act, 1926 , to be a fee paid to the Commissioners under that Act.

Superannuation of staff.

9. (1) As soon as conveniently may be after the passing of this Act the Board shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to its permanent staff.

(2) A scheme submitted to the Minister under this paragraph shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Board in accordance with its terms.

(3) The Board may at any time, with the approval of the Minister, given with the concurrence of the Minister for Finance, amend a scheme under this paragraph.

(4) A scheme submitted and approved of under this paragraph shall fix the time and conditions of retirement for all persons to whom pensions, gratuities, or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(6) Every scheme submitted and approved of under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Exercise of functions of Board through its officers.

10. Save as otherwise provided by this Act, the Board may exercise any of the powers and perform any of the functions conferred and imposed on the Board by this Act through or by any of its officers or servants authorised by the Board in that behalf.

Disclosure of interest in contract.

11. A member of the Board who has any interest in any company or concern with which the Board proposes to make any contract or any interest in such contract shall disclose to the Board the fact of such interest and the nature thereof, and such member shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

Accounts and audit.

12. (1) The Board shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received and expended by it, and in particular shall keep all such special accounts as the Minister may from time to time direct.

(2) The accounts shall be submitted annually by the Board to the Comptroller and Auditor General for audit at such time as the Minister, with the consent of the Minister for Finance, shall direct and after the audit a copy of the balance sheet and income and expenditure account as passed by the Comptroller and Auditor General, together with his report thereon, shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas and shall also publish and put on sale the said documents.

Annual Report.

13. The Board shall, in each year, at such date and in such form and manner as the Minister may direct, make an annual report of its activities and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

Return.

14. The Board shall submit to the Minister such information regarding its activities as he may from time to time require.