Vocational Education (Amendment) Act, 2001

Transfer of functions of vocational education committee.

13.—(1) Where, on consideration of a report submitted under subsection (5), the Minister is satisfied that a vocational education committee is not performing any one or more of its functions in an effective manner or has failed to comply with a direction of the Minister, he or she may, by order, transfer such functions of that vocational education committee as may be specified in the order to—

(a) the chief executive officer of that vocational education committee, or

(b) such other person as may be specified therein,

for such period, not exceeding 2 years, as may be specified therein.

(2) Where the Minister proposes to make an order under subsection (1) he or she shall, by notice in writing—

(a) inform the vocational education committee concerned that he or she so proposes and of the reasons therefor, and

(b) invite that vocational education committee to make representations to him or her, not later than 14 days from the service of the notice, concerning the proposal,

and the Minister shall, in deciding whether to make such order or not, take into consideration such representations.

(3) The Minister may, by order—

(a) amend an order under subsection (1), or

(b) revoke an order under subsection (1) or paragraph (a).

(4) An order under subsection (3) shall not amend an order under subsection (1) in such a manner as would result in any function to which the second-mentioned order relates standing transferred for a period exceeding 2 years.

(5) The Minister may from time to time appoint a person to carry out an investigation into the performance by a vocational education committee of its functions either generally or with reference to any particular function during such period as the Minister may determine and a person so appointed shall on completion of such investigation prepare and submit a report thereon to the Minister.

(6) Where a function of a vocational education committee stands transferred under this section the vocational education committee concerned shall not, during the period that it stands so transferred, perform that function and the performance of that function shall not, during that period, be subject to its direction, control or supervision.

(7) The chief executive officer or other person to whom a function stands transferred under this section shall provide the vocational education committee concerned with such information relating to the performance by him or her of that function as the Minister directs.

(8) A chief executive officer shall not pursuant to section 16 delegate a function standing transferred under this section to a member of the staff of the vocational education committee concerned without the prior consent of the Minister.