S.I. No. 103/1974 - The National Road Safety Association (Establishment) Order, 1974.


S.I. No. 103 of 1974.

THE NATIONAL ROAD SAFETY ASSOCIATION (ESTABLISHMENT) ORDER, 1974.

The Minister for Local Government in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971) hereby orders as follows:

1. This Order may be cited as the National Road Safety Association (Establishment) Order, 1974.

2. In this Order—

"the Act" means the Local Government Services (Corporate Bodies) Act, 1971 ;

"the Association" means the body established by article 3 of this Order;

"the executive committee" means the executive committee appointed under article 5 of this Order;

"the Chairman" means the Chairman of the Association appointed by the Minister under article 5 of this Order;

"the Director" means the chief executive officer of the Association appointed under article 12 of this Order;

"local authority" means the council of a county, the council of a county or other borough, the council of an urban district and the commissioners of a town;

"the Minister" means the Minister for Local Government.

3. A body to be known as Cumann Náisiúnta Slánródaíochta or in the English language, the National Road Safety Association is hereby established to provide for the Minister or a local authority such services relating to the promotion of safety on the roads as the Minister after consultation with the Minister for the Public Service may from time to time require, direct or approve, including in particular the programming, execution, promotion and monitoring of road safety measures.

4. (1) The Association shall consist of the members of the executive committee and such other persons as the executive committee may from time to time appoint to membership of the Association.

(2) Membership of the Association shall be subject to such conditions as the executive committee may from time to time decide.

5. (1) The executive committee shall consist of such persons as the Minister may from time to time appoint.

(2) The term of office of a member of the executive committee shall be such period as may be specified by the Minister and he shall hold office for the period for which he is appointed unless he sooner dies, resigns or is notified in writing by the Minister that his membership of the committee has been terminated by the Minister.

(3) The Minister shall appoint a Chairman who shall be a member of the executive committee and who shall hold office as Chairman of the Association and of the executive committee as long as he remains a member of that committee.

(4) ( a ) The quorum of the executive committee shall be one-third of its membership or, if the number of members is not a multiple of three, one-third of the next higher number which is a multiple of three.

( b ) The proceedings of the executive committee shall not be invalidated by any vacancy or vacancies among its members.

( c ) Subject to the provisions of paragraphs (a) and (b) of this sub-article, the executive committee may, by standing orders or otherwise, regulate its own procedure.

6. (1) The Association shall provide itself with a seal.

(2) The seal of the Association shall be authenticated by the signature of the Chairman (or some other member of the executive committee duly authorised by the executive committee to act in that behalf) and by the signature of the Director, or of an officer of the Association duly authorised by the executive committee to act in that behalf.

7. (1) The Association shall cause to be kept proper accounts of all income and expenditure of the Association in each financial year and of the sources of such income and the subject matter of such expenditure and of the property, credits and liabilities of the Association.

(2) The financial year of the Association shall be the period of twelve months ending on the 31st December in any year and for the purposes of this provision the period commencing on the date of this order and ending on the 31st December, 1974 shall be deemed to be a financial year.

(3) An abstract of accounts of the Association, in a form approved by the Minister, for each financial year, shall, as soon as may be after the end of such financial year, be prepared and shall be audited by and be subject to a report by an auditor appointed for the purpose by the Association with the consent of the Minister.

(4) A copy of the accounts and the auditor's certificate and report thereon shall be presented to the Minister.

(5) The Association and the officers thereof, shall, whenever requested by any person authorised by the Minister supply such information as such person may require or permit such person to examine the books and accounts of the Association in respect of any financial year or other period and the Association shall facilitate any such examination by such person.

8. The Association shall, in each year, make a report to the Minister of its activities during the preceding year.

9. (1) The Association shall furnish to the Minister such information regarding the performance or proposals for the performance of its functions as the Minister may from time to time require.

(2) The Association shall, in accordance with any direction which may from time to time be given by the Minister submit in each financial year a programme of activities for the following financial year and an estimate of the expenditure to be incurred on such activities.

10. (1) The Association shall cause to be held once a year a meeting at which all the members of the Association shall be entitled to be present.

(2) The Association shall cause to be placed before such meeting—

( a ) a report of its activities during the preceding year,

( b ) a copy of the accounts of the Association for the preceding year and the auditor's certificate and report thereon and

( c ) a programme of its activities for the current year.

(3) The members present at such annual meeting may, by resolution decided by simple majority, make recommendations on any matter related to the functions and activities of the Association.

11. (1) The Association may do all such things as may be necessary for the effective discharge of its functions.

(2) In particular the Association may,

( a ) appoint or arrange for the appointment of committees for the administrative area of a local authority or of such groups of local authorities as it may determine in consultation with such authorities;

( b ) delegate such functions and activities as it thinks fit to any person or committee of persons as it may from time to time decide;

( c ) with the consent of the Minister borrow money and purchase or take on lease any land or premises and may sell, let or otherwise dispose of any land or premises vested in the Association;

( d ) accept gifts of money, land and other property upon such trusts and conditions, if any, consistent with the functions of the Association as may be specified by the donor;

( e ) with the consent of the Minister, make an arrangement with a person or body for the use by the Association of premises and equipment belonging to that person or body and for the use of the services of officers and servants of that person or body;

( f ) provide such assistance either by way of grants, prizes or other form of sponsorship as the Association may from time to time determine in respect of activities undertaken with its approval by any person or committee of persons.

12. (1) The functions of the Association shall be performed by the executive committee.

(2) There shall be a Director of the Association who shall be appointed by the Association with the consent of the Minister.

(3) The terms and conditions of the appointment of the Director shall be such as are determined by the Minister with the consent of the Minister for the Public Service.

(4) The Director shall manage the day to day business of the Association and shall perform such of the functions of the Association as may, from time to time, be delegated to him by the executive committee.

13. (1) The Association may employ such and so many persons as it may, from time to time, think proper and in employing any such persons the Association shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) Every person employed by the Association shall perform such duties as the Association may, from time to time, assign to such person.

(3) Subject to the sanction or direction of the Minister, with the consent of the Minister for the Public Service, the Association shall determine the remuneration and conditions of appointment of each person employed by the Association and may, from time to time, alter the remuneration or conditions of service of any such person.

(4) The Association may provide for the payment of benefits to or in respect of persons employed by the Association in accordance with a scheme or schemes, including amending schemes, approved by the Minister with the consent of the Minister for the Public service.

14. (1) The Chairman of the Association may be paid out of funds at the disposal of the Association such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for the Public Service.

(2) Travelling and subsistence allowances may be paid by the Association, to such extent and in accordance with such scale and in such circumstances as may from time to time be approved by the Minister with the consent of the Minister for the Public service.

GIVEN under the Official Seal of the Minister for Local Government

this 8th day of April, 1974.

JAMES TULLY,

Minister for Local Government.

The Minister for Finance hereby consents to the National Road Safety Association (Establishment) Order, 1974.

Dated 8th day of April, 1974.

RICHIE RYAN,

Minister for Finance.

EXPLANATORY NOTE.

This order provides for the establishment of an Association under Section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971), to be known in the Irish language by the title of Cumann Náisiúnta Slánródaíochta and in the English language by the title of the National Road Safety Association.

The Order provides for the constitution of the Association and for the terms of office of the Chairman, Director and other members of the executive committee and for all matters relating to the discharge of its functions by the Association.

The function of the National Road Safety Association will be to provide for the Minister for Local Government or a local authority such services relating to the promotion of safety on the roads as the Minister after consultation with the Minister for the Public Service may from time to time require direct or approve, including in particular the programming, execution, promotion and monitoring of road safety measures.