State Examinations Commission (Establishment) Order, 2003

• Jurisdiction: Ireland
• Citation: IR SI 373/2003

I, Minister for Education and Science in exercise of the functions conferred on me by section 54 of the Education Act 1998 (No. 51 of 1998), with the concurrence of the Government, and having caused a draft to be laid before each House of the Oireachtas and a resolution approving of the draft having been passed by each such House, hereby order as follows: 1. This Order may be cited as the State Examinations Commission (Establishment) Order 2003. 2. (1) In this Order, unless the context otherwise requires -

“Act” means the Education Act 1998 (No. 51 of 1998);

“Chief Executive” means that person appointed in accordance with Article 19;

“Commission” means the State Examinations Commission established under this Order; and

“examinations” means any examination standing specified for the time being in schedule 2 to the Act.

(2) In this Order a reference to -

(a) an article is a reference to an Article of this Order unless it is indicated that reference to some other enactment is intended,

(b) a paragraph is a reference to a paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) A subparagraph is a reference to a subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended. 3. There shall stand established on the establishment day a body to be known as the State Examinations Commission, which shall perform the functions conferred on it by or under this Order. 4. The 6th day of March 2003 is appointed to be the establishment day for the purposes of Article 3. 5. The seal of the Commission shall be authenticated by the signature of

(a) the chairperson of the Commission or another member of the Commission authorised by it to act in that behalf, or

(b) the Chief Executive of the Commission authorised by the Commission to act in that behalf. 6. (1) The functions of the Commission shall be to -

(a) organise the holding of examinations,

(b) ensure the preparation of examination papers and other examination materials,

(c) determine procedures in places where examinations are conducted including the supervision of examinations,

(d) make arrangements for the marking of work presented for examination,

(e) issue the results of examinations,

(f) determine procedure to enable the review and appeal of results of examinations at the request of candidates,

charge and collect fees for examinations and apply such monies to the carrying out of its functions, and

designate places where examinations may be held.

(2) The Commission shall have all such powers as are necessary for or are incidental to the performance of its functions under this Order. 7. (1) The Commission shall have 5 members.

(2) The members of the Commission shall be appointed by the Government on the nomination of the Minister.

(3) The Government, on the nomination of the Minister, shall designate one member of the Commission as chairperson and one member of the Commission as deputy chairperson of the Commission.

(4) The Minister shall have regard to the desirability of a gender balance in the membership of the Commission as the Minister considers appropriate and determines, from time to time, when making nominations for the Commission. 8. (1) A person shall not be eligible to be a member of the Commission at a particular time if that person -

is at that time entitled under the Standing Orders of either House of the Oireachtas to sit therein,

is at that time a representative in the European Parliament,

is at that time an undischarged bankrupt,

within the 3 years preceding that time made a composition or arrangement with creditors, or

within the 5 years preceding that time has served a term of imprisonment imposed by a court of competent jurisdiction.

(2) Where a member of the Commission -

is nominated as a member of Seanad éireann,

is elected as a member of either House of the Oireachtas or to be a representative in the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 (No. 2 of 1997) as having been elected to the European Parliament to fill a vacancy,

(d) is adjudicated bankrupt or makes a composition or arrangement with creditors, or

(e) is sentenced to a term of imprisonment by a court of competent jurisdiction,

that member shall thereupon cease to be a member of the Commission. 9. The quorum for a meeting of the Commission shall be 3. 10. The term of office of a member of the Commission shall be such period not exceeding 5 years as may be specified by the Government when appointing that member and the member shall hold office for the period for which he or she is appointed unless he or she sooner dies, resigns by letter addressed to the Minister or ceases to be a member in accordance with Article 8 or 1 11 (1) The Government may, at any time, remove a member of the Commission from office if he or she has committed...