Údarás na Gaeltachta Act, 1979
|
FIRST SCHEDULE Údarás na Gaeltachta | ||
Section 6 (3). | ||
An tÚdarás to be body corporate, etc. | ||
1. An tÚdarás shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or rights over land. | ||
Period of office. | ||
2. A member of an tÚdarás shall, unless he sooner dies, resigns, becomes disqualified or is removed from office, hold office— | ||
(a) in the case of a member other than a member (in this Schedule referred to as an “elected member”) elected under Part IV of this Act, for such period not exceeding five years as the Minister may determine when appointing him, | ||
(b) in the case of an elected member— | ||
(i) where he is elected at the election of members of an tÚdarás first held after the passing of this Act, from the appointed day until the polling day of the next election under the said Part IV for the constituency for which he was elected, | ||
(ii) where he is elected at any other election of members of an tÚdarás, from the ascertainment by the returning officer of the result of the relevant election until the polling day of the next election under the said Part IV for such constituency. | ||
Eligibility for reappointment. | ||
3. A member of an tÚdarás (other than an elected member) whose term of office expires by effluxion of time shall be eligible for reappointment. | ||
Terms of office. | ||
4. A member of an tÚdarás shall hold office on such terms (other than a term relating to the payment of remuneration and allowances for expenses) as shall be determined by the Minister when appointing the member or when the member is elected under Part IV of this Act. | ||
Casual vacancies. | ||
5. (1) Any casual vacancy occurring among the members (other than the elected members) of an tÚdarás shall be filled by appointment by the Minister. | ||
(2) Any casual vacancy occurring among the elected members of an tÚdarás shall be filled by co-option by an tÚdarás, in such manner as shall for the time being stand determined by the Minister, but in determining who is to fill any such vacancy a member of an tÚdarás who is not an elected member shall not have a vote. | ||
(3) A person appointed or co-opted under this paragraph to fill a casual vacancy shall hold office for the remainder of his predecessor's period of office. | ||
Removal of member of an tÚdarás. | ||
6. The Minister may at any time remove any member (other than an elected member) of an tÚdarás from office. | ||
Resignation, disqualification, etc. of members of an tÚdarás. | ||
7. (1) A member of an tÚdarás may resign his office by letter addressed to the Minister, and the resignation shall take effect when the letter is received. | ||
(2) A member of an tÚdarás shall be disqualified for holding office (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 imprisonment or penal servitude or ceases to be ordinarily resident in the State or is convicted of an offence under section 15 or is certified by the Minister to have failed to make a disclosure under paragraph 8. | ||
(3) Where a member (other than an elected member) of an tÚdarás is nominated for election to either House of the Oireachtas or as a member of Seanad Éireann he shall thereupon cease to be a member of an tÚdarás. | ||
(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House shall be disqualified for being a member (other than an elected member) of an tÚdarás. | ||
Disclosure of interest in contract. | ||
8. (1) A member of an tÚdarás who has any interest in any body with which an tÚdarás proposes to make any contract or other agreement, or any interest in a contract or other agreement which an tÚdarás proposes to make, shall disclose the fact and nature of the interest to an tÚdarás and shall take no part in any deliberation or decision of an tÚdarás in relation to that contract or other agreement. | ||
(2) A disclosure under this paragraph shall be recorded in the minutes of an tÚdarás. | ||
Seal of an tÚdarás. | ||
9. (1) An tÚdarás shall as soon as practicable after its establishment provide itself with a seal. | ||
(2) The seal of an tÚdarás shall be authenticated by the signature of the chairman of an tÚdarás or some other member of an tÚdarás authorised by an tÚdarás to act in that behalf and by the signature of a member of the staff of an tÚdarás authorised by an tÚdarás to act in that behalf. | ||
(3) All courts of justice shall take judicial notice of the common seal of an tÚdarás, and every document purporting to be an instrument made by an tÚdarás and to be sealed with the common seal and to be attested in accordance with this section shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof. | ||
Meetings and procedure of an tÚdarás. | ||
10. (1) An tÚdarás shall hold such and so many meetings as may be necessary for the due performance of its functions. | ||
(2) The quorum for a meeting of an tÚdarás shall be the lowest majority of the number of members of an tÚdarás at the time of the meeting. | ||
(3) At a meeting of an tÚdarás— | ||
(a) the chairman of an tÚdarás shall, if present, be chairman of the meeting, | ||
(b) if and so long as the chairman of an tÚdarás is not present or if the office of chairman is vacant, the members of an tÚdarás present shall choose one of their number to be chairman of the meeting. | ||
(4) Subject to paragraph 5 (2) every question at a meeting of an tÚdarás 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. | ||
(5) An tÚdarás may act notwithstanding one or more than one vacancy among its members. | ||
(6) Subject to this Act an tÚdarás shall regulate, by standing orders or otherwise, the procedure and business of an tÚdarás. | ||
Performance of functions of an tÚdarás. | ||
11. An tÚdarás may perform any of its functions through or by any member of an tÚdarás, any sub-committee of an tÚdarás or any member of the staff of an tÚdarás duly authorised in that behalf by an tÚdarás. | ||
Remuneration and expenses of members of an tÚdarás. | ||
12. A member of an tÚdarás shall be paid, out of the funds at the disposal of an tÚdarás, such remuneration and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines from time to time. |