First Previous (PART III Functions of Commissioners in Relation to National Heritage)

4 1995

HERITAGE ACT, 1995

SCHEDULE

An Chomhairle Oidhreachta

Section 5 .

1. (1) The Council shall consist of a chairperson and not fewer than 14 or more than 16 ordinary members.

(2) The chairperson and the ordinary members shall be appointed by the Minister.

(3) The period of office of the chairperson or an ordinary member shall be such period, not exceeding five years, as the Minister, on that appointment, may determine.

(4) Where a member of the Council or a person appointed by the Minister to be a member of a committee of the Council, dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Council or the relevant committee, as the case may be, to fill the casual vacancy so occasioned.

2. (1) Of the members of the Council not fewer than seven shall be men, and not fewer than seven shall be women.

(2) Each member of the Council shall be a person who, in the opinion of the Minister, has an interest in or knowledge or experience of or in relation to the national heritage.

3. A member of the Council shall not be eligible for reappointment where that person has served two consecutive terms.

4. (1) The chairperson or any member of the Council or any person appointed by the Minister to a committee of the Council may, at any time, resign office by letter addressed to the Minister and the resignation shall take effect from the date of receipt thereof by the Minister.

(2) A chairperson of the Council who ceases to be a member of the Council while holding such office, shall cease to be chairperson of the Council.

5. The Minister may, at any time, remove from office the chairperson or any member of the Council, or any person appointed by the Minister to a committee of the Council, where—

(a) such chairperson, member or person has become incapable through ill health of effectively performing his or her duties,

(b) such chairperson, member or person has committed stated misbehaviour, or

(c) such removal appears necessary for the effective performance by the Council (or committee) of its functions.

6. (1) The Council may hold such and so many meetings as are necessary for the performance of its functions.

(2) The quorum for a meeting of the Council shall be seven members, including the chairperson, of the Council.

(3) The chairperson and each member of the Council present at a meeting thereof shall have a vote.

(4) Every question at a meeting of the Council shall be determined by a majority of votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson shall have a second or casting vote.

(5) The Council may act notwithstanding one or more vacancies among its members (including one or more vacancies that result in paragraph 2 (1) not being complied with).

7. Where, at any meeting of the Council, the chairperson is not present, or the office of chairperson is vacant, the members of the Council who are present shall choose one of their number to be chairperson of the meeting.

8. Subject to the provisions of this Schedule, the Council may regulate its own procedures and business.

9. (1) The Council may appoint such and so many committees to perform functions allocated to them by the Council or to advise the Council on any matter related to its functions.

(2) The Council shall establish standing committees on—

(a) wildlife,

(b) archaeology,

(c) architectural heritage, and

(d) inland waterways,

and the Minister may appoint three persons who are not members of the Council to each standing committee.

(3) A committee established by the Council shall be chaired by a member of the Council but may include members who are not members of the Council.

(4) Subject to section 14 , the terms and conditions of office of a member of a committee and the procedure of a committee shall be determined or approved by the Council.

(5) The Council may at any time dissolve a committee appointed under this paragraph, other than one referred to in subparagraph (2).

10. (1) The Council shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of the Council shall be authenticated by the signature of the chairperson or some other member of the Council authorised by the Council to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Council and every document purporting to be an instrument made by the Counciland to be sealed with the seal (purporting to be authenticated pursuant to subparagraph (2) of this paragraph) of the Council shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.


Acts Referred to

Bourn Vincent Memorial Park Act, 1932

1932, No. 31

Canals Act, 1986

1986, No. 3

Civil Service Regulation Act, 1956

1956, No. 46

Harbours Act, 1946

1946, No. 9

Health Act, 1970

1970, No. 1

Holycross Abbey (County Tipperary) Act, 1969

1969, No. 7

Local Government Act, 1941

1941, No. 23

Local Government Act, 1991

1991, No. 11

Ministers and Secretaries Act, 1924

1924, No. 16

National Monuments Act, 1930

1930, No. 2

National Monuments (Amendment) Act, 1954

1954, No. 37

National Monuments (Amendment) Act, 1987

1987, No. 17

National Monuments (Amendment) Act, 1994

1994, No. 17

Phoenix Park Act, 1925

1925, No. 31

Saint Stephen's Green (Dublin) Act, 1877

1877, c. CXXXIV

Shannon Navigation Act, 1990

1990, No. 20

The Act of the British Parliament, 1839

2 & 3 Vict., c. 61

Whale Fisheries Act, 1937

1937, No. 4

Wildlife Act, 1976

1976, No. 39