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8 1998

COURTS SERVICE ACT, 1998

PART III

Board of Service

Board of Service.

11 .—(1) There shall be a Board of the Service which shall consist of—

(a) the Chief Justice for the time being or a judge of the Supreme Court nominated by the Chief Justice,

(b) a judge of the Supreme Court elected by the ordinary judges of that Court,

(c) the President for the time being of the High Court or a judge of the High Court nominated by the President of that Court,

(d) a judge of the High Court elected by the ordinary judges of that Court,

(e) the President for the time being of the Circuit Court or a judge of the Circuit Court nominated by the President of that Court,

(f) a judge of the Circuit Court elected by the ordinary judges of that Court,

(g) the President for the time being of the District Court or a judge of the District Court nominated by the President of that Court,

(h) a judge of the District Court elected by the judges, other than the President, of that Court,

(i) a judge nominated by the Chief Justice for the time being in respect of his or her experience or expertise in a specific area of court business,

(j) the Chief Executive,

(k) a practising barrister nominated by the Chairman for the time being of the Council of the Bar of Ireland,

(l) a practising solicitor nominated by the President for the time being of the Law Society of Ireland,

(m) a member of the staff of the Service elected by the members of the staff for that purpose,

(n) an officer of the Minister nominated by the Minister,

(o) a person nominated by the Minister to represent consumers of the services provided by the courts,

(p) a person nominated by the Irish Congress of Trade Unions, and

(q) a person who, in the Minister's opinion, has relevant knowledge and experience in commerce, finance or administration and who is nominated by the Minister after consultation with such bodies as the Minister considers are representative of such interests in the State.

(2) The Minister, in making nominations under subsection (1), shall have regard to the need to ensure that membership of the Board includes both men and women.

(3) The Minister may, after consultation with any recognised trade unions or staff associations concerned, make such regulations as are considered necessary or desirable in order to provide for the election of a member of staff for the purposes of subsection (1)(m).

(4) The Chief Justice shall be the chairperson of the Board or, if the Chief Justice is not a member, the judge of the Supreme Court nominated under subsection (1)(a) shall be the chairperson.

(5) Subject to section 14 (3), the Board may act notwithstanding one or more vacancies in its membership.

Term of office of members.

12. —(1) A judge nominated as a member of the Board under paragraph (a), (c), (e) or (g) of section 11 (1) shall hold office while he or she remains a judge of the court in respect of which he or she was nominated or until the person who nominated the judge as a member ceases to hold the office by virtue of which he or she made the nomination, but in that case the judge shall be eligible for renomination.

(2) A judge elected as a member of the Board under paragraph (b), (d), (f) or (h) of section 11 (1) shall hold office for three years, but shall be eligible for re-election, while he or she remains a judge of the court in respect of which he or she was elected.

(3) A judge nominated as a member of the Board in accordance with section 11 (1)(i) shall hold office for three years, but shall be eligible for renomination, while he or she remains a judge of any court.

(4) A person nominated or elected as a member of the Board in accordance with paragraphs (k) to (q) of section 11 (1) shall hold office for three years, but shall be eligible for renomination or re-election, as the case may be.

(5) A member of the Board who has been nominated or elected to be such a member may resign from membership by letter addressed to the chairperson of the Board and the resignation shall take effect on receipt of the letter by the chairperson.

(6) The chairperson shall as soon as practicable notify the Minister of any resignation under subsection (5).

(7) A casual vacancy in the membership of the Board caused by the death or resignation, or any other event affecting the membership, of a person nominated or elected to hold office as a member for—

(a) a period of three years referred to in subsection (2), (3) or (4), or

(b) the remainder of such a period in respect of which he or she was nominated or elected in pursuance of this subsection, shall be filled, in accordance with the relevant provision of section 11 (1), for the remainder of the term of office remaining to be served by the person, and the new member shall be eligible for renomination or re-election at the conclusion of that term.

(8) The Minister may, after consultation with the nominating person or body concerned, remove for stated reasons a person who is a member of the Board referred to in paragraph (k), (l) or (p) of section 11 (1).

(9) The Minister may at any time remove for stated reasons a person who is a member of the Board referred to in paragraph (o) or (q) of section 11 (1).

Functions of Board.

13. —(1) The functions of the Board shall be—

(a) to consider and determine policy in relation to the Service, and

(b) to oversee the implementation of that policy by the Chief Executive.

(2) The Board, in the performance of its functions, shall have regard to—

(a) the resources of the Service for the purposes of such performance and the need to secure the most beneficial, effective and efficient use of such resources, and

(b) any policy or objective of the Government or a Minister of the Government insofar as it may affect or relate to the functions of the Service.

(3) The Minister may inform the Board of any policy or objective of the Government or a Minister of the Government referred to in subsection (2)(b).

Meetings and procedures of Board.

14. —(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in every period of three months.

(2) The first meeting of the Board shall be held within one month after the establishment day.

(3) The quorum for a meeting of the Board shall be seven or such greater number of members as the Board may from time to time determine.

(4) The chairperson of the Board shall preside at all meetings of the Board at which he or she is present and in the absence of the chairperson the members present shall elect one of their number to preside at the meeting.

(5) Each member of the Board present at a meeting of the Board shall have a vote.

(6) 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 chairperson or other member presiding at the meeting shall have a second or casting vote.

(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

Committees of Board.

15. —(1) The Board may from time to time establish such committees of the Board to advise it in relation to the performance of its functions as it thinks fit.

(2) The Board may appoint to a committee persons who are not members of the Board but have a special knowledge and experience related to the purposes of the committee.

(3) The appointment of a person to a committee shall be subject to such terms and conditions as the Board may determine.

(4) The Board may at any time dissolve a committee.

(5) The acts of a committee shall be subject to confirmation by the Board, unless the Board dispenses with the necessity for confirmation.

(6) The Board may regulate the procedure of a committee but, subject to any such regulation, a committee may regulate its own procedure.

(7) The Chief Executive shall notify the Minister of the establishment of a committee, the purpose of the committee and the names of the members of the committee.

Remuneration and expenses of members of Board or committees.

16. —(1) A member of the Board referred to—

(a) in any of the paragraphs (a) to (i) of section 11 (1) shall be paid such allowances for expenses, and

(b) in any of the paragraphs (j) to (q) of section 11 (1) shall be paid such remuneration and allowances for expenses,

if any, as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(2) A member of a committee of the Board shall be paid such allowances for expenses and, save in respect of a member of the Board to whom any of the paragraphs (a) to (i) of section 11 (1) relate, such remuneration, if any, as the Minister, with the consent of the Minister for Finance, may from time to time determine.