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29 1930

VOCATIONAL EDUCATION ACT, 1930

PART IX.

General Powers of the Minister.

Continuation education and technical education in the Gaeltacht.

103. —(1) Where a vocational education area or part of a vocational education area is included in the Gaeltacht and the Minister is of opinion that, having regard to the conditions in such area or such part, it is essential that special provision should be made in relation to continuation education or technical education in such area or such part, he may make an order requiring the vocational education committee for such area to make such special provision in relation to continuation education or technical education in such area or such part as may be specified in such order and it shall be the duty of such committee to comply with the terms of such order.

(2) Where the Minister makes an order under the foregoing sub-section in relation to a vocational education committee, he may with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, make special grants to such committee.

(3) The Minister may at any time by order revoke or vary any order made by him under the first sub-section or this sub-section of this section.

(4) The Minister may, by order made under this sub-section, declare that any particular portion or portions of Saorst[html]t Eireann specified in such order shall form part of the Gaeltacht, and whenever any such order is made the portion or portions of Saorst[html]t Eireann to which such order relates shall be deemed for the purposes of this section but no further or otherwise to form part of the Gaeltacht.

(5) Every order made by the Minister under the foregoing sub-section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is laid before it annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Consultative councils.

104. —(1) The Minister may, whenever and so often as he so thinks fit, establish by order a consultative council for giving advice and assistance to him in relation to such matters (being matters relating to the carrying into execution of the provisions of this Act) as he shall specify in such order or in any subsequent order.

(2) A consultative council established under this section shall consist of such persons having experience or special knowledge of the matters on which such council may give advice or assistance to the Minister as the Minister shall from time to time nominate to be members thereof.

(3) Every member of a consultative council established under this section shall, unless he previously dies or resigns, retain his membership for two years only from the date of his nomination, but shall be eligible for re-nomination.

(4) A consultative council established under this section shall meet whenever summoned by the Minister.

(5) Payments may be made by the Minister, out of moneys provided by the Oireachtas, to members of a consultative council established under this section or of a committee thereof, to such extent as may be sanctioned by the Minister for Finance, in respect of repayment of travelling expenses and payment of subsistence allowance.

Local inquiries by the Minister.

105. —(1) The Minister may at any time cause an inquiry (in this Act referred to as a local inquiry) to be held in relation to the performance by a vocational education committee of its duties under this Act or in relation to the performance by an officer or a servant of a vocational education committee of his duties as such officer or servant (as the case may be) and for that purpose may appoint an officer of the Minister to hold such local inquiry.

(2) Where the Minister causes a local inquiry to be held he may, if he so thinks fit, make an order directing the costs incurred in relation to such inquiry to be paid by the vocational education committee concerned, and any such order shall certify the amount of such costs and the amount so certified shall be a debt due by such committee to the Minister and shall be recoverable by the Minister from such committee as a civil debt in a court of competent jurisdiction.

(3) Any moneys due by a vocational education committee to the Minister under this section shall be paid by such committee out of its vocational education fund.

(4) For the purposes of this section the costs of any local inquiry shall be deemed to include such reasonable expenses of witnesses attending such inquiry as the Minister shall allow.

Attendance of witnesses at local inquiries.

106. —(1) An officer appointed by the Minister to hold a local inquiry may by summons in the prescribed form signed by him require any person to attend at the time and place (not being a place more than thirty miles from the residence of such person) named in such summons and there and then to give evidence or produce any document in his power, possession, or procurement relating to any matter in question at such inquiry or do both such things.

(2) A summons issued under this section shall be served by delivering it to the person to whom it is addressed or by leaving it for him with a person of the age of sixteen years or more at the usual place of abode of such first mentioned person.

(3) If any person—

(a) on being duly served with a summons under this section makes default in attending in accordance with such summons; or

(b) being in attendance at a local inquiry as a witness refuses to take an oath legally required by the officer holding such inquiry to be taken by him or to produce any document in his possession, power or control legally required by such officer to be produced by him or to answer any question to which such officer may legally require an answer,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(4) A witness before an officer holding a local inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

Administration of oaths at local inquiries.

107. —An officer appointed by the Minister to hold a local inquiry shall have power to take evidence on oath and for that purpose may administer oaths to persons attending before him as witnesses.

Dissolution of vocational education committees.

108. —(1) If and whenever—

(a) the Minister is satisfied after the holding of a local inquiry that the duties of a vocational education committee are not being duly and effectively discharged by such committee; or

(b) a vocational education committee wilfully neglects to comply with any lawful order, direction, or regulation of the Minister; or

(c) a vocational education committee fails to comply with any judgment, order, or decree of any court in Saorst[html]t Eireann; or

(d) a vocational education committee refuses after due notice to allow its accounts to be audited by an auditor appointed for the purpose under this Act;

the Minister may by order dissolve such committee and, as he may think fit, either order (under the power hereinafter conferred on him) a new election of members of such committee or transfer the property and the several powers and duties of such committee to any body or person or persons.

(2) Whenever the Minister makes an order under this section dissolving a vocational education committee, he may appoint such and so many persons as he shall think fit to perform the duties of such committee, and may from time to time remove all or any such persons and appoint others in their place, and may fix the tenure of office, duties and remuneration of all such persons.

(3) The remuneration of all persons appointed under the foregoing sub-section shall be paid out of the vocational education fund of the dissolved committee.

(4) In either the first or the second election year after a vocational education committee has been dissolved under this section, the Minister shall by order cause a new election of members of such committee to be made, and upon the completion of such new election all the properties, powers, and duties of the dissolved committee shall vest in the committee so elected, notwithstanding that the same may have been transferred by the Minister under this section to any other body, persons or person.

(5) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under this section.

Grants to certain schools.

109. —The Minister may, in accordance with regulations made by the Minister, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, make grants in respect of continuation education or technical education to schools providing continuation education or technical education which are not schools established and maintained by a vocational education committee.

Grants by the Minister.

110. —(1) The Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, provide for or make grants for the training of teachers for the purposes of this Act.

(2) The Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, make provision for scholarships.

Scales of salaries for teachers.

111. —(1) The Minister may by regulations made under this Act prescribe scales of salaries for the various classes of teachers employed by vocational education committees.

(2) A vocational education committee shall not pay to any teacher employed by it a salary which is less than the salary to which such teacher is entitled in accordance with the scale prescribed by the said regulations in respect of the class of teachers lo which such teacher belongs.

Travelling expenses for officers.

112. —The Minister may by regulations made under this Act prescribe the minimum rates of travelling and maintenance expenses payable to teachers and officers of vocational education committees who have to travel in the performance of their duties.

Training and certification of teachers.

113. —(1) The Minister may make regulations in relation to the training and certification of teachers for schools and courses provided by a vocational education committee under this Act.

(2) Where a student accepted by the Minister for training as a teacher enters, in pursuance of regulations made under this section, into an undertaking with the Minister that he will, in consideration of any grant made by the Minister in respect of his maintenance and training, complete the course of training specified in the undertaking and will subsequently follow the profession of teacher in the manner and for the period specified in the undertaking and in the event of failure so to do will repay to the Minister such proportion of the grant made by the Minister as is specified in the undertaking, the undertaking shall be binding on him notwithstanding that he was an infant at the time when the undertaking was given and any sums repayable in accordance with the undertaking shall be recoverable by the Minister as a civil debt in a court of competent jurisdiction.

Inspection of schools.

114. —(1) An inspector shall be entitled at all reasonable times to enter and inspect any school in respect of which any grant is made by the Minister under this Act and any school or course which is maintained or assisted by a vocational education committee.

(2) Every person who obstructs or impedes any inspector in the exercise of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Records to be kept by schools in receipt of grants.

115. —It shall be the duty of the principal teacher of every school in respect of which any grant is made by the Minister under this Act (not being a school maintained by a vocational education committee) to keep such registers and records as may be prescribed, and to permit such registers and records to be inspected at all reasonable times by an inspector.

Facilities to teachers.

116. —Whenever the Minister accepts for further training any teacher employed by a vocational education committee such committee shall afford to such teacher, in such manner and on such terms as the Minister considers proper, such facilities as will enable such teacher to avail himself of such further training.