First Previous (BORD GLAS ACT, 1990)

1 1990

BORD GLAS ACT, 1990

SCHEDULE

An Bord Glas — The Horticultural Development Board

Section 3 .

1. The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

2. The Board shall consist of a chairman, and 10 ordinary members, who shall be appointed to be members of the Board by the Minister.

3. The chairman may at any time resign his office by letter addressed to the Minister.

4. The Minister may at any time remove the chairman from office.

5. Subject to the provisions of this Schedule, the chairman shall hold office on such terms and conditions as the Minister may determine.

6. The chairman shall be paid, out of moneys at the disposal of the Board, such remuneration (if any) and allowances for expenses incurred by him (if any) as the Minister may, with the consent of the Minister for Finance, determine.

7. Of the ordinary members of the Board—

(a) 5 (one of whom shall be an officer of the Minister) shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate for membership of the Board) of, or in relation to, horticulture, and

(b) 5 shall be persons chosen by the Minister after consultation with such persons as he considers appropriate who are engaged in, or are representative of those engaged in, horticulture or the promotion or development of the horticultural industry.

8. Subject to the provisions of this Schedule, each ordinary member of the Board shall hold office on such terms and conditions as the Minister may determine.

9. (1) The term of office of the chairman shall be 3 years.

(2) The term of office of an ordinary member of the Board shall be 3 years.

10. (1) If a member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy.

(2) A person appointed to be a member of the Board by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he is appointed to fill and shall be eligible for re-appointment as a member of the Board.

11. A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of the Board.

12. The Minister may at any time remove an ordinary member of the Board from office.

13. An ordinary member of the Board may resign his office as a member by letter addressed to the Minister.

14. A member of the Board shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

15. Each ordinary member of the Board shall be paid, out of moneys at the disposal of the Board, such remuneration (if any) and allowances for expenses incurred by him (if any) as the Minister may, with the consent of the Minister for Finance, sanction.

16. The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

17. The Minister may fix the date, time and place of the first meeting of the Board.

18. The quorum for a meeting of the Board shall be 6.

19. At a meeting of the Board—

(a) the chairman shall, if present, be the chairman of the meeting, and

(b) if and so long as the chairman is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

20. The chairman, and each ordinary member of the Board, present at a meeting thereof shall have a vote.

21. 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.

22. The Board may act notwithstanding one or more than one vacancy among its members.

23. Subject to the provisions of this Schedule, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

24. The Board shall, as soon as may be after its establishment, provide itself with a seal.

25. The seal of the Board shall be authenticated by the signature of the chairman or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.

26. Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with paragraph 25) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.