First Previous (PART II. Continuance of the Institute and Functions thereof.) Next (PART IV. Scientific Research.)

20 1961

INDUSTRIAL RESEARCH AND STANDARDS ACT, 1961

PART III.

Establishment and Functions of the Board of the Institute.

Board of the Institute.

7. —There shall be a Board to be known as the Board of the Institute for Industrial Research and Standards (in this Act referred to as the Board) to carry out the general government of the Institute and the administration of its affairs.

Membership of the Board.

8. —(1) The Board shall be composed of not more than nine members of whom one shall be the chairman and the others shall be ordinary members.

(2) All the members of the Board shall be appointed by the Minister, and the Minister shall nominate a member of the Board to be the chairman thereof.

(3) Every person appointed to membership of the Board shall be chosen by the Minister for such appointment by reason of his attainments in scientific research applied to industry or because he is representative of industry or of persons employed in industry or is capable of giving substantial practical assistance in the work of the Institute.

(4) The members of the first Board shall be appointed as soon as conveniently may be after the commencement of this Act.

(5) The members of the second Board shall be appointed in the fifth year next after the appointment of the members of the first Board and the members of every subsequent Board shall be appointed quinquennially.

(6) All the members of the Board shall go out of office on the next quinquennial appointment of members but shall be eligible for re-appointment.

Terms and remuneration of members of the Board.

9. —(1) Every member of the Board shall hold office on such terms as the Minister may determine.

(2) There shall be paid to every member of the Board, out of moneys at the disposal of the Institute, such remuneration and expenses as the Minister, with the consent of the Minister for Finance, may determine.

Resignation of member of the Board.

10. —(1) A member of the Board may resign his membership by a letter addressed to the Minister tendering his resignation.

(2) The resignation of a member shall have effect as on and from the date of the receipt by the Minister of the letter of resignation.

Removal of a member of the Board.

11. —(1) The Minister may by a notification in writing addressed to any member of the Board remove such member from his office for reasons stated in the notification which the Minister considers sufficient.

(2) The removal of any member of the Board from his office under this section shall take effect as on and from the date on which such member receives the notification of his removal by the Minister or any later date specified by the Minister in such notification.

Casual vacancies.

12. —Casual vacancies in the membership of the Board may be filled by appointment by the Minister.

Membership of either House of the Oireachtas by members, officers or servants of the Board.

13. —(1) 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.

(2) Any person who is for the time being entitled under the Standing Orders of either of the Houses of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of the Board.

(3) Where a person who is either an officer or a servant in the employment of the Board becomes a member of either House of the Oireachtas—

(a) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by the Board, stand seconded from such employment,

(b) he shall not be paid by, or entitled to receive from, the Board any salary or wages, as the case may be, in respect of the secondment period,

(c) if there is in force a scheme made in pursuance of section 35 of this Act and the scheme establishes a fund to which the Board and the person pay contributions—

(i) the secondment period shall, for the purposes of the scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if—

(I) he was in the permanent employment of the Board and was a contributor under the scheme immediately before the commencement of the secondment period,

(II) he elects, by notice in writing given to the Board within three months after the commencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this section, and

(III) he pays, at such times and in such manner as may be specified in accordance with the scheme, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which the Board would have paid in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period,

(ii) the Board shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which the Board would have paid under the scheme in respect of the secondment period if he had remained without secondment under this subsection in the service of the Board during the secondment period and had been in receipt of remuneration from the Board during that period shall, for the purposes of the scheme, be deemed to have been paid by the Board,

(iii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of the Board, as the case may be, and to have been in receipt of remuneration from the Board immediately before such death or retirement, as the case may be,

(iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subsection, he ceases to pay contributions as aforesaid, he shall, for the purposes of the scheme, be deemed to have resigned from such employment—

(I) in case he ceases to pay contributions as aforesaid, on the date of the last payment, and

(II) in any other case, immediately before the commencement of the secondment period.

(4) If a person who is or was an officer or servant of the Board becomes entitled to a pension under the Ministerial and Parliamentary Offices Acts, 1938 to 1952—

(a) he shall not be entitled to reckon the whole or any part of his period of pensionable service, within the meaning of those Acts, for any superannuation benefits payable under a scheme made in pursuance of section 35 of this Act,

(b) if he has paid any contributions in accordance with the provisions of subsection (3) of this section in respect of that period, so much thereof as is equal to the amount of the contributions which he would have paid in respect of that period under the scheme if he had remained without secondment under subsection (3) of this section in the service of the Board during that period and had been in receipt of remuneration from the Board during that period, shall be returned to him if and when a payment of benefit or a return of other contributions is made to him under the scheme.

(5) A reference in subsection (3) or subsection (4) of this section to the receipt by any person of remuneration from the Board shall be taken as a reference to the receipt by that person of remuneration from the Board at the rate at which he was being remunerated by the Board on the last day of his whole-time employment with the Board before his secondment under subsection (3) of this section.

(6) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of the Board.

Disclosure of interest.

14. —A member of the Board shall disclose to the Board any financial or other interest which he may have in any concern with which the Board proposes to make any contract.

Meetings of the Board.

15. —The Board shall hold such and so many meetings as it considers necessary for the fulfilment of the functions assigned to it by this Act.

Procedure.

16. —(1) At a meeting of the Board the chairman of the Board when present shall be the chairman of the meeting.

(2) When the chairman of the Board is absent from a meeting thereof, or, if the office of chairman of the Board is vacant, the members of the Board who are present shall choose one of their number to be the chairman of the meeting.

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

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

(5) The Board may from time to time fix the quorum for its meetings but, if at any time no quorum is so fixed, the quorum for meetings of the Board shall be three.

(6) Subject to the foregoing, the Board may, by Standing Orders or otherwise, regulate its own procedure and business and the procedure and business of any committee appointed by the Board.

Committees of the Board.

17. —(1) The Board may from time to time appoint such committees as it sees fit to assist and advise the Board in relation to any of its functions.

(2) A committee appointed under this section may include persons who are not members of the Board.

(3) The Board may appoint any member of a committee appointed under this section to be the chairman thereof.

(4) The members of any such committee shall be paid, out of moneys at the disposal of the Institute—

(a) such remuneration in respect of their services as the Board, with the consent of the Minister, may determine, and

(b) such sums in respect of travelling and subsistence allowances as the Board may determine.

(5) The Board may at any time terminate the membership of all or any of the members of any such committee.