PART II.

Vocational Education Committees.

6. —(1) Every county borough shall be a borough vocational education area for the purposes of this Act.

(2) Every scheduled urban district shall be an urban district vocational education area for the purposes of this Act.

(3) Every county (excluding so much, if any, thereof as is for the time being included in a scheduled urban district) shall be a county vocational education area for the purposes of this Act.

(4) In this Act the expression “vocational education area” includes a borough vocational education area, an urban district vocational education area, and a county vocational education area.

7. —(1) There shall be a committee (in this Act referred to as a vocational education committee) in and for every vocational education area to fulfil in respect of such area the duties assigned to vocational education committees by this Act.

(2) Every vocational education committee shall be styled and known by such style or name as the Minister shall appoint, but unless and until the Minister appoints the style and name of any particular committee, such committee shall be styled and known—

(a) in the case of the committee for a borough vocational education area, by the style or name “The City of (name of the county borough) Vocational Education Committee”; and

(b) in the case of the committee for an urban district vocational education area, by the style or name “The Town of (name of the urban district) Vocational Education Committee”; and

(c) in the case of the committee for a county vocational education area, by the style or name “The County (name of the county) Vocational Education Committee.”

(3) Every vocational education committee shall be a body corporate by its said style or name, and shall have perpetual succession and an official seal (which shall be judicially noticed), with power to acquire and hold land for the purpose of its powers and duties.

8. —(1) The vocational education committee for a borough vocational education area shall consist of fourteen members elected by the council of the county borough which is such borough vocational education area, of whom not less than five nor more than eight shall be persons who are members of such council.

(2) The vocational education committee for an urban district vocational education area shall consist of fourteen members elected by the council of the urban district which is such urban district vocational education area, of whom not less than five nor more than eight shall be persons who are members of such council.

(3) The vocational education committee for a county vocational education area shall consist of—

(a) fourteen members elected by the council of the county which is or includes such county vocational education area, of whom not less than five nor more than eight shall be persons who are members of such council; and

(b) where such vocational education area contains one or more urban districts which are not scheduled urban districts—

(i) if the number of such urban districts does not exceed four, two members elected by the council of each of such urban districts, each of whom may at the discretion of such council be a person who is or a person who is not a member of such council, or

(ii) if the number of such urban districts exceeds four, one member elected by the council of each such urban district who in every case may at the discretion of such council be a person who is or a person who is not a member of such council.

(4) A local authority electing under this section persons to be members of a vocational education committee shall have regard to the interest and experience in education of the person proposed to be so elected and to any recommendations made by bodies (including associations or bodies of employers or of employees) interested in manufactures or trades in the area of such committee and shall, where it appears desirable and circumstances permit, so make such election as to provide for the representation of such bodies on such committee.

9. —(1) The first election by local authorities of members of vocational education committees shall take place on such day as the Minister, with the consent of the Minister for Local Government and Public Health, shall appoint for the purpose, and different days may be so appointed in respect of different local authorities.

(2) The following provisions shall have effect in relation to the elections by local authorities of members of vocational education committees (other than the first such elections and elections to fill casual vacancies), that is to say:—

(a) every council of a county or an urban district which is not a borough shall in every election year elect at the annual meeting of such council held in that year such number of members of such vocational education committee as such council is entitled under this Act so to elect, and such election shall be included in the business to be transacted at every such annual meeting of such council; and

(b) every council of a county or other borough shall in every election year elect at the quarterly meeting of such council held between the 23rd day of June and the 15th day of July in that year such number of members of such vocational education committee as such council is entitled under this Act so to elect, and such election shall be included in the business to be transacted at every such quarterly meeting of such council.

(3) In this section the expressions “annual meeting” and “quarterly meeting” have the meanings respectively assigned to them by the Local Government (Ireland) Act, 1898.

10. —(1) The term of office of every member of a vocational education committee elected at the first election of members of such committee shall commence at the commencement of the first meeting of such committee.

(2) The term of office of every member of a vocational education committee (other than a member elected at the first election of members of such committee or a member elected to fill a casual vacancy) shall commence at the termination of the meeting of the local authority at which he was elected.

(3) Every member of a vocational education committee (other than a member elected to fill a casual vacancy) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the next meeting of the local authority by whom he was elected at which such authority is required by this Act to elect (otherwise than to fill a casual vacancy) members or a member of such committee.

11. —(1) A member of a vocational education committee may at any time resign his office as such member by letter addressed and sent to the chief executive officer of such committee and every such resignation shall take effect at the commencement of the meeting of such committee commencing next after the receipt of such resignation by such officer.

(2) Whenever a member of a vocational education committee who was, at the time of his election as such member, a member of the local authority by which he was so elected, ceases to be a member of such local authority he shall be disqualified for continuing to be and shall forthwith cease to be a member of such committee but shall, if not otherwise disqualified, be eligible for re-election.

(3) If a member of a vocational education committee is absent from all meetings of such committee for a period of six consecutive months he shall, unless his absence was due to illness or was approved of by the committee, be disqualified at the expiration of such period from continuing to be a member of such committee and shall also be disqualified for one year from such expiration for being a member of such committee.

(4) A member of a vocational education committee shall, if not otherwise disqualified, be eligible for election as a member of such committee at or in contemplation of the expiration by effluxion of time of his term of office as such member.

12. —(1) Whenever a vacancy (in this Act referred to as a casual vacancy) occurs in the membership of a vocational education committee by reason of the death, resignation, or disqualification of a member thereof, the local authority by whom such member was elected shall, as soon as conveniently may be, elect a person to fill such vacancy.

(2) In electing a person to fill a casual vacancy in the membership of a vocational education committee, the local authority electing such person shall have regard to the provisions of this Act in relation to the number of members of such committee who are required to be members of such authority.

(3) A person elected to fill a casual vacancy in the membership of a vocational education committee shall, unless he sooner dies, resigns, or becomes disqualified, hold office as a member of such committee for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office as such member if he had not died, resigned, or become disqualified.

13. —(1) Every vocational education committee shall hold its first meeting on such day, at such time and in such place as the Minister shall appoint.

(2) Every vocational education committee shall, in every local financial year and before the 1st day of December in such year, hold a meeting in this Act referred to as the annual meeting.

(3) Every vocational education committee shall hold at least one meeting in every month other than the months of July, August and September.

(4) Every vocational education committee shall hold at least one meeting during the period commencing on the 1st day of July and ending on the 30th day of September in every year.

(5) Subject to the provisions of this section and the next following section, every vocational education committee shall hold such and so many meetings, at such times, and in such places as it thinks proper.

14. —(1) Every vocational education committee shall in every election year hold a meeting (in this Act referred to as a triennial meeting) on the day appointed under this section in respect of such year for the holding of such meeting by such committee.

(2) Every vocational education committee shall on or before the 31st day of May in every election year appoint a day (not being earlier than three days nor later than ten days after the completion of the elections in such year of the members of such committee) for the holding of the triennial meeting in such year by such committee.

(3) Where in any election year no day has been appointed under the foregoing sub-section for the holding of a triennial meeting of a vocational education committee in that year, the day for the holding of such meeting in such year shall be the seventh day after the completion of the elections in such year of the members of such committee.

(4) Where a triennial meeting of a vocational education committee is for any reason (including a quorum not being present) not held on the day appointed under this section for the holding of such meeting the chief executive officer of such committee shall as soon as may be summon a meeting of such committee for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose and the meeting held in pursuance of such summons shall be for all purposes a triennial meeting held on a date appointed under this section.

(5) Where the members of a vocational education committee are required by this Act to be elected by two or more local authorities and in any election year such local authorities do not all hold such elections on the same day, the date of the completion of the election of such members shall for the purposes of this section be the last day on which any of such elections is held.

15. —(1) Every vocational education committee shall, at its first meeting and also at every triennial meeting, elect one of its members to be the chairman of such committee.

(2) Whenever the office of chairman of a vocational education committee becomes vacant through the death, resignation, or disqualification of the chairman, such committee shall, at its next meeting after the occurrence of such vacancy, elect one of its members to be the chairman of such committee.

(3) Every person elected to be the chairman of a vocational education committee shall, unless he sooner dies, resigns, or becomes disqualified, hold office as such chairman until the commencement of the next triennial meeting of such committee after the meeting at which he is so elected.

(4) The chairman of a vocational education committee may at any time resign his office as such chairman by letter addressed to the chief executive officer of such committee and every such resignation shall take effect at the commencement of the meeting of such committee commencing next after the receipt of such resignation by such officer.

(5) Whenever the chairman of a vocational education committee ceases during his term of office as such chairman to be a member of such committee he shall be disqualified for being and shall forthwith cease to be such chairman.

(6) Whenever, at an election of the chairman of a vocational education committee, there is an equality of votes for two or more persons, one of those persons shall be elected by lot.

16. —(1) A vocational education committee may at any time, if it so thinks fit, elect one of its members to be the vice-chairman of such committee.

(2) Whenever a vice-chairman is elected by a vocational education committee, the provisions of this Act in relation to the term of office, resignation, and disqualification of the chairman of such committee shall apply in respect of such vice-chairman in like manner as they apply in respect of such chairman.

17. —(1) At the first meeting of a vocational education committee the chief executive officer of such committee or, if there is no such officer, the person acting at such first meeting as secretary to such committee shall, until the chairman of such committee has been elected, act as chairman of such meeting.

(2) At every triennial meeting of a vocational education committee the chief executive officer of such committee shall, until the chairman of such committee has been elected, act as chairman of such meeting.

(3) A person acting in pursuance of this section as chairman of a meeting of a vocational education committee shall not be entitled to vote on any question which is to be decided by a vote of the members of such committee.

18. —(1) The quorum for a meeting of a vocational education committee shall be one-fourth of the whole number of the members of such committee.

(2) At a meeting of a vocational education committee—

(a) the chairman of such committee shall, if he is present, be the chairman of the meeting;

(b) if the chairman of such committee is not present or if the office of chairman is vacant, the vice-chairman (if any) of such committee shall, if he is present, be the chairman of the meeting;

(c) if the chairman of such committee is not present or the office of chairman is vacant and there is no vice-chairman of such committee or the vice-chairman is not present, the members of the committee who are present shall (subject to the provisions of this Act in relation to the first meeting and to triennial meetings) choose one of their number to be the chairman of the meeting.

(3) Every question at a meeting of a vocational education committee 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 save where the question is the election of the chairman of the committee.

(4) A vocational education committee may act notwithstanding one or more vacancies amongst its members.

(5) An inspector shall be entitled to be present at any meeting of a vocational education committee or of a sub-committee of any such committee and to address such meeting, but shall not be entitled to vote on any matter to be decided at such meeting.

(6) Subject to the provisions of this Act, the Minister may by regulations made by him under this Act prescribe the procedure to be observed at meetings of vocational education committees.

(7) Subject to the provisions of this Act and of regulations made thereunder, every vocational education committee shall regulate, by standing orders or otherwise, the procedure to be observed and the business to be transacted at its meetings.

19. —Whenever a meeting of a vocational education committee is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place appointed for such meeting shall be recorded forthwith and, for the purposes of the provisions of this Act relating to disqualification of members by absence from meetings and the provisions of this Act relating to the payment of travelling expenses of members of certain committees, a meeting of such committee shall be deemed to have been held at such time and place and the members whose names are so recorded shall be deemed to have attended such meeting.

20. —(1) Every vocational education committee shall keep, in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of such committee, and all such minutes shall be signed either at the meeting to which they relate by the chairman of that meeting or at the next meeting by the chairman of such last-mentioned meeting and when so signed shall be admitted in evidence.

(2) Every vocational education committee shall keep all such registers and records as shall be prescribed, and all such registers and records shall be open to inspection at all reasonable times by an inspector.

(3) Every vocational education committee shall make to the Minister such reports and returns and furnish to the Minister such information as he may from time to time require.

21. —(1) A vocational education committee may from time to time appoint such and so many sub-committees as it thinks proper for the exercise or performance of any of its powers, duties, and functions which in its opinion can be better or more conveniently exercised or performed by a sub-committee.

(2) The Minister may from time to time by order require a vocational education committee to appoint a sub-committee to exercise and perform in relation to any part of the vocational education area of such committee such specified powers, duties and functions of such committee as in the opinion of the Minister can be better or more conveniently exercised or performed by a sub-committee and whenever any such order is made and in force it shall be the duty of such committee to comply with the requirements thereof.

(3) The Minister may, as and when he thinks fit, revoke an order made by him under the foregoing sub-section and thereupon such order shall cease to be in force.

(4) A sub-committee appointed by a vocational education committee shall consist of not more than twelve members, and may, at the discretion of such committee, consist exclusively of persons who are members of such committee or partly of persons who are and partly of persons who are not members of such committee.

(5) The acts of every sub-committee of a vocational education committee shall be subject to confirmation by such committee save where such committee with the sanction of the Minister dispenses with the necessity for such confirmation.

22. —(1) Subject to the provisions of this section, every vocational education committee for a county vocational education area shall, as soon as may be after the 30th day of June in each year, pay to every member of such committee or of any sub-committee thereof such contribution (if any) as is authorised by the rules contained in the Second Schedule to this Act towards the expenses incurred during such preceding twelve months by such member in attending the meetings of such committee (if he is a member thereof) or of any sub-committee thereof of which he is a member.

(2) No contribution shall be payable under this section in respect of any period of twelve months ending on the 30th day of June in any year to a member of a vocational education committee in respect of his attendance at meetings of such committee held during such period unless he has attended at least five such meetings.

(3) No contribution shall be payable under this section in respect of any period of twelve months ending on the 30th day of June in any year to a member of a sub-committee appointed by a vocational education committee in respect of his attendances at meetings of such sub-committee held during such period unless the Minister, on the application of such committee, authorises contributions to be paid under this section to members of such sub-committee.

(4) For the purposes of this section the period commencing on the day appointed under this Act for the holding of the first meeting of a vocational education committee and ending on the 30th day of June, 1931, shall be deemed to be a period of twelve months.

(5) Any person who knowingly makes or allows to be made a false statement for the purpose of obtaining the payment to himself or another of a sum under or in pursuance of this section, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, or, at the discretion of the court, to imprisonment with or without hard labour for a term not exceeding one year.

(6) Any person who is convicted of an offence under this section shall thereafter be disqualified from being elected or being a member of any vocational education committee or a sub-committee thereof, or of any council, body, or committee which is a local authority within the meaning of the Act of 1925, and shall also be disqualified from holding any office or employment under any vocational education committee or any such council, body, or committees as aforesaid.

23. —(1) Subject to the provisions of this section, every vocational education committee shall appoint a chief executive officer and such other officers and servants as it shall from time to time think necessary for the due performance of its powers and duties under this Act.

(2) The numbers, qualifications, salaries or remuneration, and appointment of all officers shall be subject to the approval of the Minister.

(3) Every vocational education committee shall take from its chief executive officer and any other of its officers who receives or pays money on its behalf such security as may be directed by the Minister.

(4) A vocational education committee may dismiss any servant of such committee and, with the approval of the Minister, remove any officer of such committee.

(5) A vocational education committee shall be deemed to be a local authority within the meaning of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and for that purpose the expression “the Minister” in that Act shall in relation to a vocational education committee mean the Minister for Education.

24. —(1) Where the functional area of a committee appointed under sub-section (2) of section 1 of the Act of 1889 or sub-section (1) of section 14 of the Act of 1899 or of a joint committee tee appointed under sub-section (2) of the said section 14 is coterminous with a vocational education area, the person who on the day before the first meeting of the vocational education committee for such vocational education area is the chief executive officer of such committee or joint committee shall on the day of such meeting become the chief executive officer of such vocational education committee.

(2) In the case of a vocational education committee for a county vocational education area to which no person by virtue of the foregoing provisions becomes the chief executive officer, the secretary of the council of the county which is or includes such vocational education area shall at the first meeting of such committee act as secretary to such committee.

25. —(1) Every vocational education committee shall be deemed to be a local body within the meaning of Part IV. of the Act of 1925 and that part of that Act shall apply to vocational education committees and their officers accordingly, subject to the modifications hereinafter mentioned.

(2) Section 50 of the Act of 1925 shall not apply in respect of vocational education committees and their officers, and in lieu thereof it is hereby enacted that every sum payable under the said Part IV. of the Act of 1925 as applied by this section in respect of an allowance or gratuity granted thereunder to a person who was previously an officer of a vocational education committee shall be paid by the local authority which under this Act pays the annual local contribution to the expenses of such committee and shall be raised by means of the same rate and be paid out of the same fund and be charged on the same area as such annual local contribution is raised by means of, paid out of and charged upon, but no such sum shall be reckoned for the purposes of any enactment (including this Act) limiting the amount of such rate.

(3) There shall be paid out of moneys provided by the Oireachtas to a local authority paying any allowance or gratuity in pursuance of the foregoing sub-section, in aid of the rate or fund out of which such allowance or gratuity is so paid, one half of every payment made by such local authority in respect of such allowance or gratuity.

(4) Section 47 of the Act of 1925 as amended by section 9 of the Act of 1927 shall not apply in respect of vocational education committees and their officers, and in lieu thereof it is hereby enacted that—

(a) whenever an allowance or a gratuity is payable in pursuance of sub-section (2) of this section by a local authority (in this sub-section called the paying body) to any person under Part IV. of the Act of 1925 as applied by this section in respect of his ceasing to hold office under a vocational education committee and in ascertaining the service of such officer at the date of such cesser any service under another local authority (in this section called the contributing body) has been aggregated and reckoned, the contributing body shall refund to the paying body a part of one-half of such allowance or gratuity reckoned according to the service and pay of such officer under the contributing body and to the circumstances under which he ceased to hold office under the paying body, and such part shall be settled by agreement between the two bodies, or in default of agreement by the Minister for Local Government and Public Health, and

(b) for the purposes of the foregoing paragraph an officer's service under a committee of a contributing body shall be deemed to have been service under such contributing body and an officer's service under a joint committee of two or more contributing bodies shall be deemed to have been service under every such contributing body.

26. —(1) Every vocational education committee shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925 as amended by section 13 of the Act of 1927 and of sections 61 , 62 , 70 and 71 of the Act of 1925, and the said sections 60 (as so amended) 61 , 62 , 70 and 71 shall apply to vocational education committees and their members and officers accordingly subject to the following modifications, that is to say in the said section 60 as so amended the expression “the Minister” shall mean the Minister for Education, and in the said section 71 the expression “the Minister for Education” shall be substituted for the expression “the Minister for Local Government and Public Health” wherever the latter expression occurs.

(2) Save as otherwise expressly provided by this Act, no vocational education committee shall be deemed for the purposes of any enactment (including the Act of 1925 as amended by the Act of 1927) to be a local authority within the meaning of the said Act of 1925 as so amended or to be a committee of a county council, an urban district council, or a borough council, or a joint committee of any two or more of such councils.

27. —(1) The Minister may by order, either upon or without any suggestion or complaint from a vocational education committee, remove from his office or employment any paid officer or servant of a vocational education committee (whether appointed by or transferred by this Act to such committee) whom he considers unfit or incompetent to perform his duties, or who at any time refuses or wilfully neglects to perform his duties or any of them, and may direct that a fit and proper person be appointed in his place in accordance with the law relating to appointments to such office or employment.

(2) The Minister shall not remove under this section from his office an officer or servant of a vocational education committee unless and until he has caused a local inquiry to be held under this Act in relation to the performance by such officer or servant of his duties as such officer or servant and considered the report of the person who held such local inquiry.

28. —(1) A vocational education committee may, with the approval of the Minister and subject to regulations made by him under this Act, purchase or take on lease any land for the purposes of any of their powers or duties under this Act.

(2) For the purposes of the acquisition of land by a vocational education committee, sections 203, 214, and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Act of 1925, shall apply as if herein re-enacted and made applicable to vocational education committees with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the next succeeding month.

(3) In this section the expression “land” includes any easement in, to, or over land.

29. —(1) A vocational education committee may, with the approval of the Minister, be constituted trustees of any educational endowment or charity established (whether before or after the passing of this Act) for purposes connected with continuation or technical or both continuation and technical education.

(2) A vocational education committee shall have power to accept any real or personal property given to it as an educational endowment generally or upon trust for any purposes connected with continuation or technical or both continuation and technical education.

(3) Nothing in this section shall enable a vocational education committee to be trustees for or to accept any educational endowment, charity, or trust the purposes of which are inconsistent with this Act or with the principles on which such committee is required by or under this Act to provide continuation education and technical education.