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1 1980

FISHERIES ACT, 1980

CHAPTER IV

Miscellaneous Provisions Relating to Central Board and Regional Boards

DIVISION I

Reports, Finance, Etc.

Annual reports and information to Minister.

19. —(1) The Central Board shall, as soon as may be after the commencement of each year, make a report to the Minister of its proceedings in the preceding year and those of each regional board in such year, as reported to the Central Board under subsection (2) of this section, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) A regional board shall, not later than the 1st day of April in each year, make a report to the Central Board of its proceedings during the year ended on the previous 31st day of December.

(3) The Minister may from time to time require the Central Board or a regional board to furnish such information relating to its functions as he shall specify.

Estimates.

20. —(1) The Central Board and each regional board shall, as respects each year, prepare an estimate of its total expenditure and, receipts, and such estimates shall be in such form as the Minister may require.

(2) A copy of each estimate prepared by the Central Board in compliance with this section shall be sent by the Central Board to the Minister.

(3) A copy of each estimate prepared by a regional board in compliance with this section shall be sent by that board to the Central Board who shall forward it, together with the Central Board's observations on the estimate, to the Minister.

(4) (a) In case the Minister receives an estimate prepared for the purposes of this section he may confirm the estimate, with or without modification, or refuse to confirm the estimate.

(b) In case the Minister refuses to confirm an estimate so prepared, he may require the Central Board, or in case the estimate is prepared by a regional board, the regional board concerned, to prepare and submit for the purposes of this section a fresh estimate of its expenditure and receipts for the year to which the unconfirmed estimate related.

(c) In case the Minister makes a requirement under this subsection, the requirement shall be complied with by the Central Board or the regional board concerned, as may be appropriate, as soon as may be, and subsection (2) or (3) of this section, as may be appropriate, shall apply as regards estimates prepared in pursuance of a requirement under this subsection as it applies to estimates prepared in pursuance of subsection (1) of this section.

(5) (a) The Minister may, if he thinks fit, direct that, generally or as regards a particular year, estimates required by this section shall be prepared and sent to him under this section not later than a specified date in any year, or as may be appropriate, a particular specified date, and the same date may be so specified as regards all such estimates or different dates may be so specified in relation to two or more classes of such estimates.

(b) In case a direction under this subsection is for the time being in force, the Central Board (if concerned) and any regional board concerned shall comply with the direction.

(6) The Central Board or a regional board shall not, without the permission of the Minister, incur any expenditure other than expenditure included in an estimate under this section as confirmed under this section by the Minister.

Grants to Central Board and regional boards.

21. —(1) There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Central Board—

(a) in each year out of moneys provided by the Oireachtas,

(b) from time to time out of the Salmon Conservancy Fund,

a grant of grants of such amount or amounts as the Minister, after consultation with the Central Board, may fix; provided that a grant under this section out of moneys provided by the Oireachtas shall be made by the Minister only with the consent of the Minister for Finance.

(2) There may be paid by the Central Board to a regional board grants of such an amount as the Central Board with the approval of the Minister may fix.

(3) Moneys granted to the Central Board under this section may only be used to defray expenses incurred by the Central Board or by a regional board.

Accounts and audits.

22. —(1) The Central Board and, subject to subsection (2) of this section, each regional 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 all moneys received or expended by it, including in particular all such special accounts as the Minister may from time to time direct.

(2) The amount received by a regional board on account of subscriptions payable under section 58 of this Act shall be shown as a separate item in the accounts kept by such board in pursuance of this section.

(3) Accounts kept in pursuance of this section shall be submitted annually by the board by whom they are kept to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts and any accounts kept pursuant to a direction of the Minister, together with the report of the Comptroller and Auditor General on the accounts, shall be sent by such board to—

(a) in case the accounts are accounts kept by the Central Board, the Minister,

(b) in case the accounts are accounts kept by a regional board, the Central Board.

(4) As soon as may be after the accounts relating to a particular year have been received by the Central Board from all of the regional boards, the Central Board shall send a copy of the accounts to the Minister together with such observations thereon (if any) as the Central Board considers appropriate.

(5) The Minister shall cause copies of accounts presented to him under this section by the Central Board, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

Borrowings.

23. —(1) The Central Board and, subject to subsection (2) of this section, any regional board may, with the consent of the Minister given with the consent of the Minister for Finance and subject to any conditions imposed by the Minister, borrow money by means of bank overdraft or otherwise.

(2) An application by a regional board for the consent of the Minister to borrowings by such board shall be made through the Central Board (which may if it thinks fit make observations to the Minister on the application).

DIVISION II

Removal of Members

Removal of members of Central Board or a regional board.

24. —(1) If and whenever the Minister is satisfied that—

(a) the Central Board or a regional board has not, in relation to a direction given by the Minister under section 8 (1) (b) of this Act, complied with the requirements of section 8 or 11 (1) (c) of this Act, as the case may be, or

(b) after holding under section 50 of the Principal Act, as amended by section 65 of this Act, an inquiry into the performance of the functions assigned to the Central Board or a regional board by or under this Act, the functions so assigned are not being duly and effectively performed by the Central Board or a regional board, or that the performance in general by any such board of the functions so assigned to it has been unsatisfactory,

he may by order remove from office all the members (including the chairman) of the board.

(2) In case the Minister makes an order under subsection (1) of this section, he shall appoint such person or persons as he thinks fit to perform the functions of the board to which the order relates and may from time to time remove a person or persons appointed under this subsection and appoint another or others in his or their place.

(3) (a) An appointment under this section shall be in writing and shall specify the day on and from which and, subject to subsection (2) of this section, the period during which the appointment is to have effect, and for so long as the appointment remains in force it shall operate to enable the person or persons thereby appointed to perform the functions of the board in relation to which the appointment was made.

(b) An appointment under this section may fix the duties and the remuneration of the person or persons to whom it relates.

(4) The remuneration of all persons appointed under subsection (2) of this section to perform the functions of the Central Board or a regional board shall be paid out of the revenue of the board in relation to which the appointment was made as part of the expenses of performing its functions.

(5) Where a person serving in the Civil Service is appointed under subsection (2) of this section to perform the duties of the Central Board or a regional board, there shall be recouped to the Exchequer from the moneys under the control of the board in relation to which the appointment was made, in such manner as the Minister for the Public Service may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation and Pensions Act, 1976 , to or in respect of such person as the Minister for the Public Service shall determine to be proper.

(6) At any time after the members of a regional board have been removed from office by an order under this section the Minister may, if and when he so thinks fit, by order cause a new election of members of such board to be held.

(7) Whether or not a new election of members of a regional board has been held in pursuance of an order made under subsection (6) of this section, the next subsequent election of members of such board shall be held on the next occasion on which an election of such members would have been required by law to be held if such board had not been dissolved.

(8) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under subsection (6) of this section.

DIVISION III

Staff

Staffs of Central Board and regional boards.

25. —(1) Subject to the provisions of this section and to sections 29 and 30 of this Act, the Central Board or a regional board may, subject to the approval of the Minister given with the concurrence of the Minister for the Public Service, from time to time appoint such and so many persons as it thinks proper to be its officers and servants.

(2) (a) Subject to sections 27 and 28 of this Act, the chief officer of the Central Board or a regional board (whether that officer is described as the Chief Officer or otherwise) shall be appointed by such board with the concurrence of the Minister.

(b) Subject to section 29 of this Act and subsection (4) of this section, such a chief officer shall be paid such remuneration and allowances for expenses and shall hold his employment on such other terms and conditions as the Minister with the concurrence of the Minister for the Public Service determines, and different terms and conditions may be determined under this paragraph in relation to the office of chief officer of the Central Board, the office of chief officer of any regional board, and the office of chief officer of any regional board which is of a particular class or description.

(3) Subject to sections 29 and 30 of this Act, the officers, other than the chief officer, and the servants of the Central Board or a regional board shall be paid such remuneration and allowances and shall hold their employment on such terms and conditions as the board concerned shall, with the approval of the Minister given with the concurrence of the Minister for the Public Service, determine.

(4) Where a person who is an officer (including the chief officer) or servant of the Central Board, or of a regional board, is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or to the Assembly of the European Communities, or is appointed under section 15 of the Act of 1977 to fill a vacancy in the said Assembly, he shall stand seconded from his employment and shall not be paid, or be entitled to receive, any remuneration or allowances in respect of that employment—

(a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on the acceptance of the nomination and ending when he ceases to be a member of that House,

(b) in case he is nominated for election to either such House or to the said Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House, or a representative in the said Assembly or fails to be elected or withdraws his candidature, as may be appropriate,

(c) in case he is so appointed to fill such a vacancy, in respect of the period commencing on the date of his appointment and ending when he ceases to be such a representative,

and in addition to the foregoing he shall not be entitled to reckon the whole or any part of that period for any benefits payable under any scheme under section 33 of this Act.

(5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall, while so entitled, be disqualified from becoming an officer (including the chief officer) or servant of the Central Board, or of a regional board.

Instruments of appointment for purposes of Part XVIII of Principal Act.

26. —Every instrument of appointment by the Central Board or a regional board of an officer or other person to be an authorised person for the purposes of Part XVIII of the Principal Act shall be—

(a) prepared and printed in the prescribed form, and

(b) sealed with the seal of the board,

and every document purporting to be such an instrument and to be sealed with the seal of such board as is appropriate in the circumstances shall be admissible in any legal proceedings as prima facie evidence of such appointment.

Certain offices etc. to be filled through Local Appointments Commission.

27. —(1) Subject to subsection (2) hereof, this section applies to the following offices and employments, namely:

(a) the chief office under the Central Board,

(b) the chief office under a regional board,

(c) every office and every employment, other than a part-time or temporary employment, under the Central Board or a regional board the qualifications for which are wholly or in part professional,

(d) any other office or employment under the Central Board or a regional board as the Minister shall from time to time, with the concurrence of the Minister for the Public Service and the Commissioners, declare to be an office or employment to which this section applies.

(2) This section shall not be construed as applying to a transfer effected by section 29 or 30 of this Act or to a case in which—

(a) a person is transferred—

(i) from an office or employment under the Central Board to an office or employment under a regional board, or

(ii) from an office or employment under a regional board to an office or employment under the Central Board, or

(iii) from an office or employment under one regional board to an office or employment under another regional board,

and,

(b) the duties attached to the office or employment from which the person is so transferred are similar or analogous to the duties attached to the office or employment to which the person is so transferred.

(3) Every question or dispute as to whether—

(a) a particular office or employment is or is not an office or employment to which this section applies, or

(b) whether a transfer is or is not one to which subsection (2) of this section relates, shall be determined by the Minister after consultation with the Commissioners.

(4) Subject to subsection (2) of this section, in case the Central Board or a regional board proposes to make an appointment to an office or employment to which this section applies, the board shall first request the Commissioners to recommend to it a person for appointment to such office or employment and the Commissioners on receiving such request shall if they so think proper select and recommend under and in accordance with the Act of 1926 to the board a person for appointment to such situation, and the board on receiving from the Commissioners such recommendation shall, subject to the approval required by section 25 (1) of this Act, appoint to such office or employment the person so recommended by the Commissioners.

(5) The Central Board or a regional board shall pay to the Commissioners out of the moneys at its disposal such expenses in respect of the selection and recommendations by the Commissioners under this section to fill offices or employments under the board as shall be fixed by the Commissioners.

(6) Every sum received by the Commissioners under this section shall be deemed for the purposes of section 12 (2) (b) of the Act of 1926 to be a fee paid to the Commissioners under that Act.

(7) In this section and in section 28 of this Act “the Act of 1926” means the Local Authorities (Officers and Employees) Act, 1926 ;

the Commissioners” means the Local Appointments Commissioners.

First appointment of chief officer of Central Board or regional board.

28. —(1) The person to be first appointed after the passing of this Act to be—

(a) the chief officer under the Central Board,

(b) the chief officer of a particular regional board,

(whether that officer is described as the Chief Officer or otherwise) shall, subject to subsection (2) of this section, be appointed to that office by the Minister.

(2) Subsections (4) and (5) of section 27 of this Act shall apply in relation to the exercise by the Minister of the power conferred on him by subsection (1) of this section as they apply in relation to the making by the Central Board or a regional board of appointments to offices or employments to which the said section 27 applies, and for the purpose of giving effect to the foregoing each of the references in the said subsections to the Central Board (or “the board”) shall be construed both as including a reference to the Minister and subject to such other modifications as are necessary.

(3) The sum received by the Commissioners under section 27 (5) of this Act, as applied by this section, shall be deemed for the purposes of section 12 (2) (b) of the Act of 1926 to be a fee paid to the Commissioners under that Act.

Transfer of staff to Central Board, etc.

29. —(1) Every person who, immediately before the appointed day, is in the whole-time employment of the Trust shall, on such day, be transferred to and become an officer or servant, as may be appropriate, of the Central Board, and all persons so transferred shall, for so long as they remain in the employment of the Central Board, be members of the transferred staff of the Central Board and are in this Act referred to as the “Central Board's transferred staff”.

(2) (a) Subject to subsection (3) of this section, a member of the Central Board's transferred staff shall not, while in the service of the Central Board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which, immediately before his transfer by virtue of this section, he was subject in the service from which he was so transferred.

(b) A member of a regional board's staff who transfers from the service of that board to the service of the Central Board and who immediately before such transfer was a member of the regional board's transferred staff shall not, while in the service of the Central Board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service of the regional board immediately before his transfer.

(c) Until such time as a staff scheme applicable to a particular member of the Central Board's transferred staff and approved of by the Minister under section 32 of this Act comes into operation, the conditions of service, restrictions, requirements and obligations to which the member was subject immediately before his transfer to the service of the Central Board shall continue to apply to him and may be exercised or imposed by the Central Board or its chief officer, as may be appropriate, while he is in the service of the Central Board.

(3) (a) The Central Board may, subject to subsection (2) of this section and section 31 (1) of this Act and following consultation with any recognised staff associations or trade unions concerned—

(i) redistribute or rearrange the duties to be performed by members of the Central Board's transferred staff or persons to whom subsection (2) (b) of this section applies who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allotted to him in any such redistribution or rearrangement,

(ii) require any such member or person to transfer, in such manner as is specified by the Central Board, to the service of a regional board so specified, and every such member or person shall be bound to transfer in accordance with the requirement.

(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be a removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

Transfer of staff to regional boards etc.

30. —(1) Every person who, immediately before the appointed day, was in the whole-time employment either of a board of conservators or of a person appointed under section 51 of the Principal Act shall, on such day, be transferred to and become an officer or servant, as may be appropriate, of such regional board as the Minister shall determine, and all persons so transferred to a particular regional board shall be members of the transferred staff of that regional board and in relation to that board are in this Act referred to as “the regional board's transferred staff”.

(2) A person employed by a regional board who is a member of the regional board's transferred staff shall not, while in the service of the regional board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject, immediately before being transferred by virtue of this section, in the service from which he was so transferred.

(3) A member of a regional board's staff who, having been in the employment of the Central Board transfers (whether in pursuance of a requirement under section 29 (3) of this Act or otherwise) from the service of the Central Board to the service of a regional board and who immediately before the said transfer was a member of the Central Board's transferred staff shall not, while in the service of the regional board, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service of the Central Board immediately before his transfer.

(4) (a) A regional board may, subject to subsection (2) of this section and following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by members of the board's transferred staff or persons to whom subsection (3) of this section applies who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allocated to him in any such redistribution or rearrangement.

(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

(c) Until such time as a staff scheme applicable to a particular member of a regional board's transferred staff and approved of by the Minister under section 32 of this Act comes into operation, the conditions of service, restrictions, requirements and obligations to which the member was subject immediately before his transfer to the service of the regional board shall continue to apply to him and may be exercised or imposed by the regional board or its chief officer, as may be appropriate, while he is in the service of the regional board.

Superannuation of transferred staff.

31. —(1) A member of the Central Board's transferred staff or a person to whom section 29 (2) (b) of this Act applies shall not, while in the service of the Central Board, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump sum, pension or gratuity or of compensation for loss of office) than the conditions (if any) which applied to him immediately before his transfer to the service of the Central Board.

(2) A person transferred by virtue of section 29 of this Act or a person to whom section 30 of this Act applies shall not, while in the service of the regional board to which he is so transferred, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump sum, pension or gratuity or of compensation for loss of office) than the conditions (if any) which applied to him immediately before being so transferred.

Staff schemes.

32. —(1) As soon as conveniently may be after the commencement of this section, the Central Board shall, subject to sections 29 and 30 of this Act and following consultation with each of the regional boards and with any recognised staff associations or trade unions concerned, prepare and submit to the Minister a staff scheme or schemes providing for—

(a) the regulation, control and management of—

(i) the staff of the Central Board,

(ii) the staffs of the regional boards,

(b) the smooth interchange of staff as between any two of the aforesaid boards,

and indicating in respect of the different grades of staff (either generally or severally, as may be appropriate) the remuneration, tenure of office, qualifications for appointment and conditions of service.

(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be implemented by the board or boards to which it relates in accordance with its terms.

(3) The Central Board may, after consultation with each of the regional boards and with any recognised staff associations or trade unions concerned, at any time, with the approval of the Minister given with the concurrence of the Minister for the Public Service, amend a scheme under this section.

Staff superannuation generally.

33. —(1) The Central Board shall, subject to section 31 of this Act, prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, such whole-time employees of—

(a) the Central Board,

(b) any regional board,

as the Central Board shall think fit; provided that a scheme under this section which relates to the staff of a regional board shall be so submitted by the Central Board only after consultation with that board and provided also that the Central Board shall, as soon as conveniently may be after the commencement of this section, prepare and submit such scheme or schemes under this section as is or are necessary to provide for the granting in accordance therewith of such allowances to or in respect of each person employed for the time being in a whole-time capacity by any regional board.

(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be implemented by the board or boards to which it relates in accordance with its terms.

(3) The Central Board may at any time, with the approval of the Minister given with the concurrence of the Minister for the Public Service, amend a scheme under this section; provided that in case such a scheme relates to any regional board the scheme shall only be amended under this subsection after consultation with the regional board or, as may be appropriate, each of the regional boards, concerned.

(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances 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 section, it shall be submitted to the Minister for determination by him subject to the agreement of the Minister for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by the Central Board or a regional board to or in respect of a member of its staff to whom a scheme under this section applies, nor shall any other arrangements be entered into by any such board for the provision of such pension, gratuity, allowance or other payment on the resignation, retirement or death of such a member of its staff, otherwise than in accordance with the scheme.

(7) Every scheme submitted and approved of under this section 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.