STATUTORY INSTRUMENTS

S.I. No. 205 of 2002

The Health Research Board (Establishment) (Amendment) (No.2) Order, 2002

DUBLIN

PUBLISHED BY THE SATTIONERY OFFICE

S.I. NO.205 OF 2002

The Health Research Board

(Establishment) (Amendment) (No.2) Order, 2002

The Minister for Health and Children, in exercise of the powers conferred on him by section 3 of the Health (Corporate Bodies) Act, 1961 ( SI No. 308 of 1997 ) hereby amends the Health Research Board (Establishment) Order 1986 ( SI No. 279 of 1986 ) as follows:

1.   This Order may be cited as the Health Research Board (Establishment) (Amendment) (No.2) Order, 2002.

2.   The Health Research Board (Establishment) Order 1986 ( SI No. 279 of 1986 ) is hereby amended by -

(a) The insertion of the following in Article 3:

“ ‘health board’ means a health board, the Eastern Regional Health Authority or an area Health Board (within the meaning of the Health (Eastern Regional Health Authority) Act, 1999 ) and the reference in sub-article 5 of article 5 to the chief executive officers of the health boards includes, in the case of the Eastern Regional Health Authority, a reference to the Regional Chief Executive and, in the case of any of the Area Health Boards aforesaid, a reference to the area chief executive of that Board.

(a) the substitution of the following sub-article for sub-article (2) of article 5:

“2 (i) The Minister shall appoint eight members on the conjoint nomination of the Conference of Heads of Irish Universities; the Royal College of Surgeons in Ireland and the Royal College of Physicians of Ireland. These eight members shall be persons who, at the time of nomination, are actively involved in medical, epidemiological, health or health services research.

2 (ii) In nominating members, the Conference of Heads of Irish Universities, the Royal College of Surgeons in Ireland and the Royal College of Physicians of Ireland shall have regard to the following considerations:

(1) balanced representation of the disciplines involved in medical, epidemiological, health and health services research;

(2) balanced representation of third level institutions in Ireland.

2 (iii) The Minister may refuse to accept any conjoint nomination under 2 (i) above if he or she is not satisfied that the considerations under 2 (ii) above have been met.”

(b) the substitution of the following sub-article for sub-article (3) of article 5:

“The Minister shall appoint one member, who at the time of appointment, is actively involved in medical, epidemiological, health, or health services research in Northern Ireland.”

(c) the insertion of a new sub-article 5 (4) as follows:

“One member shall be appointed by the Minister on the nomination of the Minister for Enterprise, Trade and Employment.”

(e) the insertion of a new sub-article 5 (5) as follows:

“One member shall be appointed by the Minister on the nomination of the chief executive officers of the health boards.”

(f) the insertion of a new sub-article 5 (6) as follows:

“One member shall be appointed by the Minister who has specialist knowledge and experience of the voluntary research charity area.”

(g) the insertion of a new sub-article 5 (7) as follows:

“One member shall be appointed by the Minister who has specialist knowledge and experience of the conduct of research involving medicinal products and/or medical devices.”

(h) the insertion of a new sub-article 5 (8) as follows:

“Of the three remaining members to be appointed by the Minister, at least one shall be an official of the Department of Health and Children.”

(i) the insertion of a new sub-article 5 (9) as follows:

“In seeking nominations and making appointments the Minister will have regard to the overall gender balance of the Board.”

(j) the insertion of a new sub-article 6 (5) as follows:

“The term of office of half the members of the Board appointed on 03^rd May 2002 shall be three years.”

(k) the insertion of a new sub-article 6 (6) as follows:

“The length of the term of office of members of the Board appointed on 03^rd May 2002 shall be determined by lot.”

(l) the substitution of the following article for article 9:

“The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.”

(m) the substitution of the following article for article 10:

“(1) A person may receive such remuneration for acting as a member of the Board as may from time to time be determined by the Minister.

(2) Members of the Board may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.”

(n) the substitution of the following article for article 11:

“(1) There shall be a chief executive officer of the Board who shall be referred to in this Order as the Chief Executive.

(2) The Chief Executive shall be appointed and may be removed from office at any time for stated reasons by the Board with the consent of the Minister.

(3) The Chief Executive shall carry on and manage and control generally the administration and business of the Board and perform such other functions as may be determined by the Board.

(4) The Chief Executive shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Board with the consent of the Minister.

(5) With the agreement of the Board, the Chief Executive or another officer duly authorised in that behalf, may act on behalf of the Board and perform the functions of the Board.

(6) The Chief Executive may make proposals to the Board on any matter relating to its activities.

(7) The Chief Executive shall not hold any other office or position without the consent of the Board.

(8) The Chief Executive shall not be a member of the Board or of a committee of the Board.”

(o) the substitution of the following article for article 12:

“(1) The Board may, with the consent of the Minister and the Minister of Finance, appoint such and so many employees as the Board may, from time to time, think proper. In appointing any person the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2) Every employee of the Board holding office in a permanent capacity shall cease to hold his or her office on attaining the age of sixty-five years.

(3) The Board shall, with the consent of the Minister, determine the remuneration and conditions of service of employees.

(4) The Board shall, from time to time, assign such duties as it considers appropriate to each employee of the Board and each employee shall perform the duties so assigned to him or her.

(5) The Board may delegate its functions under sub-articles (1), (3) and (4) to the Chief Executive, other than in relation to the appointment, remuneration and conditions of service of the Chief Executive.

(6) The Minister may, whenever and so often as he thinks fit, declare that any of the powers conferred on the Board by this article shall be exercisable only with the consent of the Minister, and whenever any such declaration is in force, the said powers may, in relation to any office or employment to which the declaration applies, be exercised only with such consent.”

(p) the substitution of the following article for article 13:

“(1) Where a member of the Board, the Chief Executive, an employee of the Board, a member of a committee or any other person engaged by the Board has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Board or a committee of the Board, he or she shall comply with the following requirements:

(a)  he or she shall disclose to the Board or committee the nature of his or her interest in advance of any consideration of the matter,

(b)  he or she shall neither influence nor seek to influence a decision in relation to the matter,

(c)  he or she shall take no part in any consideration of the matter,

(d)  he or she shall withdraw from the meeting for so long as the matter is being discussed or considered by the Board or committee and shall not vote or otherwise act as a member, Chief Executive or employee in relation to the matter.

(3) For the purposes of this article, but without prejudice to the generality of sub article (1), a person shall be regarded as having a beneficial interest if-

(a)  he or she or any member of his or her household, or any nominee of his or her or any member of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to that sub article,

(b)  he or she or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such matter,

(c)  her or she or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates,

(d)  any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this article a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or her or of any company or of any other body or person mentioned in sub article (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of sub article (1), the question shall be determined by the Chairperson.

(5) Where a disclosure is made to the Board or committee pursuant to sub article (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(6) The Board may adopt additional rules in relation to members, the Chief Executive, staff and members of committees to prevent a conflict of interest in the carrying out of the Board's functions.”

(q) the substitution of the following article for article 14:

“(1) The Chairperson may, at any time, call a meeting of the Board.

(2) If the Chairperson refuses to call a meeting of the Board after a requisition for that purpose, signed by five members of the Board, has been presented to him or her, any five members of the Board may forthwith, on that refusal, call a meeting of the Board, and, if the Chairperson (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any five members of the Board may, on the expiration of these seven days, call a meeting of the Board.”

(r) the substitution of the following article for article 15:

“At a meeting of the Board:-

(1) the Chairperson shall, if he or she is present, be chairperson of the meeting;

(2) if and so long as the Chairperson is not present, the members of the Board who are present shall choose one of their number to be chairperson of the meeting.”

(s) the substitution of the following article for article 16:

“The quorum of the Board shall be five.”

(t) the substitution of the following article for article 17:

“The Board may adopt standing orders.”

(u) the substitution of the following article for article 18:

“The Board shall hold such and so many meetings as may be necessary for the performance of its functions, but in any case it shall not meet less than four times per calendar year.”

(v) the substitution of the following article for article 19:

“Minutes of the proceedings of each meeting of the Board shall be kept electronically or entered in a book kept for that purpose and shall be signed by the chairperson of the meeting or of the next ensuing meeting.”

(w) the substitution of the following article for article 20:

“The names of the members present at a meeting of the Board shall be recorded in the minutes of the proceedings of the Board. The names of the members voting on any question arising at a meeting of the Board shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members vote for and against the question.”

(x) the substitution of the following article for article 21:

“(1) All acts of the Board and all questions coming or arising before the Board may be done and decided by the majority of such members of the Board as are present and, whenever a vote is considered necessary, vote at a meeting of the Board.

(2) In the case of equality of votes on any question arising at a meeting of the Board, the chairperson of the meeting shall have a second or casting vote.

(3) A memorandum signed by all the members (for the time being) of the Board shall be effective for all purposes as a resolution of the Board passed at a meeting duly convened, held and constituted.”

(y) the substitution of the following article for article 22:

“(1) In order to facilitate the discharge of the functions of the Board, the Board may establish committees.

(2) The membership of such committees may consist solely of members of the Board, or of members of the Board and persons who are not members of the Board.

(3) The functions of such committees shall be to assist and advise the Board in relation to the performance of its functions.”

(z) the substitution of the following article for article 23:

“A person shall not, without the consent of the Board, disclose any information obtained by him or her while performing (or as a result of having performed) duties as a member of the Board, an employee, a member of a committee or otherwise engaged by the Board.”

(a1) the substitution of the following article for article 24:

“(1) The Board shall adopt a corporate plan for a five year period.

(2) The Board shall review and update the corporate plan and approve any amendments each year.”

(a2) the substitution of the following article for article 25:

“The Board shall, not later than the 30th day of June in each year, submit to the Minister a statement of its proposed programme of research and its estimated budgetary requirement, that is consistent with its corporate plan, in respect of the following financial year.”

(a3) the substitution of the following article for article 26:

“The seal of the Board shall be authenticated by the signature of the Chairperson or some other member of the Board duly authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.”

(a4) the insertion of a new article 27 as follows:

“(1)      The Board shall cause to be kept proper accounts of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, credits and liabilities of the Board.

(2)        The financial year of the Board shall be the period of twelve months ending on the 31 st day of December in any year.

(3)        A statement of accounts of the Board for each financial year shall, as soon as may be but not later than three months after the end of such financial year be prepared and submitted by the Board to the Comptroller and Auditor General for audit.

(4)        The expenses generally of such audit shall be paid by the Board as soon as may be after each audit.

(5)        A copy of the accounts and the auditor's certificate and report thereon shall be presented to the members of the Board and to the Minister.

(6)        The Board and the officers thereof shall, whenever so requested by the Minister, permit any person appointed by him to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination and the Board shall pay such fee thereof as may be fixed by the Minister.

(7)        The Board shall establish an audit committee to assist it in relation to its audit functions.”

(a5) the insertion of a new article 28 as follows:

“(1)    The Board shall in each year, not later than such day as the Minister shall direct, make a report to the Minister of its activities during the preceding year.

(2)      The Board shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time request.”

(a6) the insertion of a new article 29 as follows:

“ The Local Government (Superannuation) Act, 1956 (No. 10 of 1956) and Schemes and Regulations made under No. 8 of 1980 ) shall apply to the Board as if it were a local authority.”

(a7) the insertion of a new article 30 as follows:

“For the purpose of the performance of its functions, the Board may, with the consent of the Minister and the approval of the Minister of Finance, borrow money. The Board may, with the consent of the Minister, sell, exchange, let or otherwise dispose of any land vested in it and, purchase or take on lease any land.”

(a8) the insertion of a new article 31 as follows:

“(1) The Board may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2)  The Board may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Board.

(a9) the insertion of a new article 32 as follows:

“In this order a reference to ‘chairman’ shall be construed as a reference to ‘chairperson’ a reference to ‘his’ shall be construed as a reference to ‘his or her’ and a reference to ‘he’ shall be construed as a reference to ‘he or she’.”

(3) Sub-articles 5 (2), 5 (3), and articles 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, of the Health Research Board (Establishment) Order 1986 ( No. 279 of 1986 ) are hereby revoked.”

GIVEN under my official seal this 2^nd day of May, 2002.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The effect of this Order is to make a number of changes to the Health Research Board (Establishment) Order 1986 ( SI No. 279 of 1986 ) as amended, in order to achieve greater congruence between the composition and work of the Board of the Health Research Board and the recently launched National Strategy for Health Research (NSHR) and to comply with the Department of Finance Code of Practice for the Governance of State Bodies.