Further education and training act 2013

• Enactment Date: 10 July 2013
• Act Number: 25

Number 25 of 2013
FURTHER EDUCATION AND TRAINING ACT 2013
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Interpretation.
3. Expenses.
4. Repeals.
PART 2
An tSeirbhís Oideachais Leanúnaigh agus Scileanna
5. Establishment day.
6. Establishment of An tSeirbhís Oideachais Leanúnaigh agus Scileanna.
7. Functions of An tSeirbhís.
8. Conferral of additional functions on An tSeirbhís.
9. Further education and training strategy.
10. Membership of An tSeirbhís.
11. Conditions of office of members of An tSeirbhís.
12. Casual vacancies among members of An tSeirbhís.
13. Remuneration of members of An tSeirbhís.
14. Meetings and procedure.
15. Membership of either House of Oireachtas or European Parliament.
16. Disclosure by members of An tSeirbhís of certain interests.
17. Disclosure by members of staff of An tSeirbhís of certain interests.
18. Prohibition on unauthorised disclosure of confidential information.
19. Directions of Minister.
20. Grants to An tSeirbhís.
21. Grants by An tSeirbhís.
22. Borrowings by An tSeirbhís.
23. Chief executive.
24. Functions of chief executive.
25. Accountability of chief executive to Public Accounts Committee.
26. Accountability of chief executive to other Oireachtas Committees.
27. Staff.
28. Transfer of staff to An tSeirbhís.
29. Superannuation.
30. Strategy statement.
31. Accounts of An tSeirbhís.
32. Annual report.
33. Gifts.
34. Protection of persons who report certain matters.
35. Prohibition on penalisation.
36. False statements.
PART 3
Dissolution of An Foras Áiseanna Saothair
37. Dissolution of An Foras Áiseanna Saothair.
38. Transfer of functions to An tSeirbhís.
39. Transfer of land and other property.
40. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body.
41. Liability for loss occurring before establishment day.
42. Provisions consequent upon transfer of functions, assets and liabilities to An tSeirbhís.
43. Final accounts and final annual report of dissolved body.
44. Saver in respect of certain schemes.
PART 4
Miscellaneous
45. Definition.
46. Transfer of staff from An tSeirbhís to training body.
47. Transfer of land and other property to education and training boards.
48. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by An tSeirbhís.
49. Provisions consequent upon transfer of functions, assets and liabilities to An tSeirbhís.
50. Amendment of Freedom of Information Act 1997.
51. Amendment of section 52 of Qualifications and Quality Assurance (Education and Training) Act 2012.
SCHEDULE
Redress for Contravention of section 35
Acts Referred to
Companies Act 1990 1990, No. 33 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Courts Act 1981 1981, No. 11 Education and Training Boards Act 2013 2013, No. 11 Ethics in Public Office Act 1995 1995, No. 22 European Parliament Elections Act 1997 1997, No. 2 Freedom of Information Act 1997 1997, No. 13 Labour Services Act 1987 1987, No. 15 Minimum Notice and Terms of Employment Acts 1973 to 2005 National Training Fund Act 2000 2000, No. 41 Organisation of Working Time Act 1997 1997, No. 20 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Public Service Pensions (Single Scheme and Other Provisions) Act 2012 2012, No. 37 Qualifications and Quality Assurance (Education and Training) Act 2012 2012, No. 28 Redundancy Payments Act 1967 1967, No. 21 Redundancy Payments Acts 1967 to 2007 Safety, Health and Welfare at Work Act 2005 2005, No. 10 Social Welfare and Pensions Act 2010 2010, No. 37 Unfair Dismissals Acts 1977 to 2007
Number 25 of 2013
FURTHER EDUCATION AND TRAINING ACT 2013
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN tSEIRBHÍS OIDEACHAIS LEANÚNAIGH AGUS SCILEANNA; TO PROVIDE FOR THE DISSOLUTION OF AN FORAS ÁISEANNA SAOTHAIR AND THE TRANSFER OF ITS FUNCTIONS TO THE SAID BODY; TO PROVIDE FOR THE CONFERRAL OF OTHER FUNCTIONS ON THE SAID BODY; TO REPEAL THE LABOUR SERVICES ACT 1987; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[10th July, 2013]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and commencement.	1.— (1) This Act may be cited as the Further Education and Training Act 2013.
	(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	Interpretation.	2.— In this Act—
	“Act of 1995” means the Ethics in Public Office Act 1995 ;
	“An tSeirbhís” has the meaning assigned to it by section 6 ;
	“chief executive” has the meaning assigned to it by section 23 ;
	“dissolved body” has the meaning assigned to it by section 37 ;
	“education and training board” means an education and training board established by section 9 of the Education and Training Boards Act 2013 ;
	“further education and training strategy” means a strategy approved by the Minister under section 9 ;
	“material interest” shall be construed in accordance with section 2(3) of the Act of 1995;
	“Minister” means the Minister for Education and Skills;
	“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.
	Expenses.	3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
	Repeals.	4.— The Labour Services Act 1987 is repealed.
PART 2 An tSeirbhís Oideachais Leanúnaigh agus Scileanna
	Establishment day.	5.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.
	Establishment of An tSeirbhís Oideachais Leanúnaigh agus Scileanna.	6.— (1) There shall stand established on the establishment day, a body which shall be known as An tSeirbhís Oideachais Leanúnaigh Agus Scileanna (in this Act referred to as “An tSeirbhís”), to perform the functions conferred on it by this Act.
	(2) An tSeirbhís shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.
	(3) The seal of An tSeirbhís shall be authenticated by—
	(a) the signatures of 2 members of An tSeirbhís, or
	(b) the signatures of both a member and a member of the staff of An tSeirbhís,
	authorised by An tSeirbhís to act in that behalf.
	(4) Judicial notice shall be taken of the seal of An tSeirbhís and any document purporting to be an instrument made by, and to be sealed with the seal of, An tSeirbhís shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.
	Functions of An tSeirbhís.	7.— (1) The general functions of An tSeirbhís shall be to—
	(a) prepare and submit to the Minister a strategy in respect of the provision of further education and training in accordance with section 9 ,
	(b) promote an appreciation of the value of further education and training,
	(c) consult with the Minister for Social Protection, the Minister for Jobs, Enterprise and Innovation and employers from time to time for the purpose of determining which, or which classes of, further education and training programmes should be the subject of advances by An tSeirbhís in accordance with section 21 ,
	(d) advance moneys to education and training boards and other bodies engaged in the provision of further education and training programmes as determined in accordance with paragraph (c),
	(e) provide, or arrange for, the provision of training and retraining for employment and to assist in and coordinate the provision of such training by persons other than An tSeirbhís,
	(f) assess whether or not education and training boards, and other bodies engaged in the provision of further education and training programmes, to whom moneys have been advanced under section 21 perform their functions in an economic, efficient and effective manner,
	(g) promote, encourage and facilitate the placement of persons belonging to such class or classes of person as may be specified by the Minister for Social Protection after consultation with the Minister in further education and training programmes that are funded, in whole or in part, out of public moneys,
	(h) promote cooperation between education and training boards and other bodies involved in the provision of further education programmes,
	(i) promote equality of opportunity in relation to the provision of further education and training,
	(j) develop, and facilitate the development of, new and existing further education and training programmes including the establishment of systems designed to monitor the quality of the education and training concerned for the purpose of ensuring that those programmes serve their purpose,
	(k) provide or assist in the provision of training to persons charged with the delivery of further education and training programmes in respect of which moneys have been advanced by An tSeirbhís...