No. 9/1944:

VOCATIONAL EDUCATION (AMENDMENT) ACT, 1944

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Disqualification for membership of vocational education committees.

3 Requisition to supply education in particular subjects.

4 Amendment of Third Schedule to the Principal Act.

5 Contributions by rating authorities towards compulsory continuation education.

6 Age limit for offices.

7 Suspension of officers.

8 Removal from office by Minister.

9 Application of sections 6, 7 and 8 of this Act to existing officers.

10 Amendment of section 112 of the Principal Act.

11 Revocation and amendment or orders, etc.

12 Repeals.

13 Short title and collective citation.

SCHEDULE

AN ACT TO AMEND THE VOCATIONAL EDUCATION ACTS, 1930 TO 1943.

[20th March, 1944.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Principal Act" means the Vocational Education Act, 1930 (No. 29 of 1930) as amended by the Vocational Education (Amendment) Act, 1936 (No. 50 of 1936);

the word "office" means an office under a vocational education committee.

(2) This Act shall be construed as one with the Principal Act.

2.—(1) Article 12 (except sub-article (9)) of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by any subsequent enactment, shall apply to vocational education committees and their members in like manner as it applies to councils of counties and their members.

(2) A person shall be disqualified for being elected or appointed or being a member of a vocational education committee if he is concerned by himself or his partner in any bargain or contract entered into with such committee or participates by himself or his partner in the profit of any such bargain or contract or any work done under the authority of such committee.

(3) Notwithstanding anything contained in sub-section (2) of this section, a person shall not be disqualified for being elected or appointed or being a member of a vocational education committee

( a ) by reason of his having by himself or his partner received or contracted to receive any benefits or advantages offered to the public in the nature of continuation education and technical education by such committee, or

( b ) by reason of being, by himself or his partner interested—

(i) in the sale or lease of any land or in the loan of money to such committee, or

(ii) in any newspaper in which an advertisement relating to the affairs of such committee is inserted, or

(iii) in any contract with such committee as, a shareholder in any joint stock company.

(4) The references in this section to a vocational education committee shall be construed as including references to a sub-committee of a vocational education committee.

3.—The powers of the Minister under Section 37 (which relates to deficiency in supply of continuation education or technical education) of the Principal Act shall include and be deemed always to have included the power to require a vocational education committee to make such particular provision as is mentioned in the said section for the supply of continuation education or technical education in any subjects which he may think fit to specify and require, and such requisition shall be deemed to have been made under and in accordance with the said section.

4.—(1) Part I of the Third Schedule to the Principal Act is hereby amended by the deletion of the following:—

and the insertion in lieu thereof of the following—

(2) Part II of the Third Schedule to the Principal Act is hereby amended by the deletion of the following—

and the insertion in lieu thereof of the following—

5.—(1) Where—

( a ) during a local financial year (in this sub-section referred to as the current year) either—

(i) a vocational education area or any particular part of a vocational education area is a district to which Part V of the Principal Act applies, or

(ii) an order has, before the 1st day of January, been made, under section 60 of the Principal Act, declaring a vocational education area or any particular part of a vocational education area to be a district to which the said Part V applies, and

( b ) the Minister, after considering the annual scheme, relating to the next following local financial year (in this sub-section referred to as the next year), submitted by the vocational education committee for that vocational education area, is of opinion that the moneys which will under sections 43 and 53, of the Principal Act be at the disposal of the said vocational education committee will not be sufficient to defray the expenses of the said vocational education committee in carrying the said Part V into effect during the next year,

the Minister may, not later than the 1st day of January in the current year, serve on the rating authority for such vocational education area a notice requiring that rating authority to pay, in addition to the annual local contribution for the next year, to the said vocational education committee in respect of the next year, at such time or times as may be specified in the notice, such sum (not exceeding in case the said vocational education area is a county borough or the borough of Dun Laoghaire, a sum equal to a rate of two pence in the pound on the rateable value of the said vocational education area at the commencement of the current year or, in any other case, a sum equal to a rate of one penny in the pound on the rateable value of the said vocational education area at the commencement of the current year) as he thinks fit.

(2) Where a notice under sub-section (1) of this section is served on the rating authority for a vocational education area that rating authority shall comply with the notice.

(3) Where a notice under sub-section (1) of this section has been served on the rating authority for a vocational education area during a local financial year and such vocational education area or the part thereof which is a district to which Part V of the Principal Act applies ceases at the expiration of such local financial year to be a district to which the said Part V applies, the notice shall be deemed not to have been served.

(4) Any sums payable under this section by the rating authority for a vocational education area shall be raised in the like manner as any local annual contribution payable by that rating authority is raisable.

(5) Expressions used in this section which are also used a Part IV of the Principal Act have in this section the same meanings as they respectively have in the said Part IV.

6.—(1) The Minister may declare any specified age to be the age limit for all offices or for such offices as belong to a specified class, description, or grade or for one or more specified offices.

(2) Every declaration under this section shall come into force six months after the day on which it is made.

(3) Where a declaration under this section is for the time being in force in relation to any particular office, the following provisions shall have effect, that is to say:—

( a ) if, on the day (in this sub-section referred to as the operative date) when such declaration comes into force, there is a holder of such office and such holder, on the operative date, reaches or is older than the age (in this sub-section referred to as the retiring age) specified in such declaration as the age limit for such office, such holder shall cease to hold such office on, in case the operative date falls on the 31st day of August in any year, the 31st day of August in that year or in any other case, the 31st day of August next following the operative date;

( b ) if, on a day after the operative date, any holder of such office reaches the retiring age, such holder shall cease to hold such office on, in case the said day falls on the 31st day of August, the said day or, in any other case, the 31st day of August next following the said day.

(4) Any person who ceases under sub-section (3) of this section to hold an office shall, where necessary for the purposes of subsection (1) of section 44 of the Local Government Act, 1925 (No. 5 of 1925), or of any other enactment relating to the superannuation of officers of vocational education committees, be deemed to have become incapable of discharging the duties of such office with efficiency by reason of old age and shall, where necessary for the purposes of the Local Government (Ireland) Act, 1919, be deemed to have resigned such office with the consent of the Minister.

7.—(1) Whenever in respect of the holder of an office under a vocational education committee there is, in the opinion of such committee or of the Minister, reason to believe that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office or is otherwise unfit to hold such office, such committee or the Minister (as the case may be) may suspend such holder from the performance of the duties of such office while such alleged failure, misconduct, or unfitness is being inquired into and the disciplinary action (if any) to be taken in regard thereto is being determined and such inquiry shall be held as soon as conveniently may be after the date of the suspension.

(2) Whenever a vocational education committee suspend a person under this section, such committee shall forthwith report the suspension and the reasons therefor to the Minister.

(3) The Minister may terminate a suspension under this section and every such suspension shall continue until so terminated.

(4) Whenever the holder of an office under a vocational education committee is suspended under this section, he shall forthwith hand over to such committee all books, deeds, contracts, accounts, vouchers, maps, plans and other documents in his possession, custody, or control which relate to such office.

(5) The holder of an office who is suspended under this section shall not be paid any remuneration in respect of such office during the continuance of his suspension and, upon the termination of his suspension, the remuneration which he would, had he not been suspended, have been paid during the period of suspension shall be wholly or partly forfeited, or paid to him, or otherwise disposed of, as the Minister shall direct.

(6) Section 11 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall cease to have effect in relation to officers and servants of vocational education committees.

8.—(1) For the purposes of this section, the following shall be the statutory grounds for the removal of the holder of an office from such office, that is to say:—

( a ) unfitness of such holder for such office,

( b ) the fact that such holder has refused to obey or carry into effect any order lawfully given to him as the holder of such office, or has otherwise misconducted himself in such office,

and, in this section, the expression "statutory grounds for removal from office" shall be construed accordingly.

(2) Where the Minister is satisfied as a result of a local inquiry that any of the statutory grounds for removal from office exists as regards the holder of an office, the Minister may by order remove such holder from such office.

(3) Where the Minister is satisfied that the holder of an office has failed to perform satisfactorily the duties of such office and is of opinion that he is unfit to hold such office, the Minister may—

( a ) send by registered post to such holder at the principal office of the vocational education committee under which he holds such office a notice stating the said opinion, and

( b ) on the day on which he sends the notice, send by registered post a copy thereof to the said vocational education committee,

and if the Minister, after the expiration of fourteen days from the day on which he sends the notice and the copy thereof and after consideration of the representations (if any) made to him by such holder or the vocational education committee, remains of the said opinion, he may by order remove such holder from such office.

(4) Where the holder of an office is convicted of an offence which, in the opinion of the Minister, renders him unfit for such office, the Minister may by order remove such holder from such office.

9.—The fact that an officer is in office at the date of the passing of this Act shall not be a ground for contending that sections 6, 7 and 8 of this Act do not apply to him.

10.—Section 112 (which relates to travelling expenses for officers) of the Principal Act is hereby amended by the insertion of the word "other" before the word "officers".

11.—Every power conferred by any section contained in the Principal Act or this Act to make any order, declaration or direction shall be construed as including a power to revoke or amend any order, declaration or direction made under such section.

12.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

13.—(1) This Act may be cited as the Vocational Education (Amendment) Act, 1944 .

(2) The collective citation, the Vocational Education Acts, 1930 to 1944, shall include this Act.

SCHEDULE

ENACTMENTS REPEALED.