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Schedule

(Sections 2 and 6)

PROVISIONS HAVING EFFECT AS TO THE CONSTITUTION, FUNCTIONS AND PROCEDURE OF THE BOARD AND AS TO THE COLLEGE

1. Constitution of the Board

(1) The Board shall consist of a chairperson, a deputy chairperson and not less than 3 nor more than 7 other members to be appointed by the Minister from among persons of proven capacity in matters relating to the aim of the College as set out in section 3 and who are likely to contribute to the furtherance thereof.

(2) The registrar is the secretary of the Board but without the right to vote at meetings of the Board.

2. Temporary membership

The Minister may appoint any person to act temporarily in the place of any member of the Board in the case of the absence or inability to act of such member.

3. Duration and termination of membership

(1) A member of the Board shall be appointed for not more than 3 years at any one time, but shall be eligible for reappointment.

However, a member of the Board shall not hold office for periods which in the aggregate amount to more than 9 years.

(2) The Minister may, if he or she thinks it expedient, revoke the appointment of any member of the Board.

(3) The chairperson may at any time resign his or her office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of the receipt of such instrument by the Minister.

(4) A member of the Board, other than the chairperson, may at any time resign his or her office by instrument in writing addressed to the Minister and transmitted through the chairperson and from the date of the receipt by the Minister of such instrument such member shall cease to be a member of the Board.

(Amended by S.I. 65/1993)

4. A member not to hold employment under the Board

A member of the Board shall not be appointed to any office of, or employment under the Board.

5. Meetings

(1) The Board shall meet at least once in every academic term and at such other times as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Board may determine.

(2) The chairperson may at any time summon a meeting of the Board and shall summon a meeting within 7 days—
1. (a) of a request for that purpose addressed to him or her by any 3 members of the Board; or
1. (b) of a direction to that effect addressed to him or her by the Minister.

(3) The chairperson, or in his or her absence the deputy chairperson, shall preside at a meeting of the Board.

(4) At any meeting of the Board, in case of the absence or inability to act of both the chairperson and the deputy chairperson, the members of the Board present shall elect one of their number to preside at that meeting.

(5) The decisions of the Board shall be by a majority of votes and in addition to an original vote, in any case in which the voting is equal the chairperson, or in his or her absence the deputy chairperson or other member presiding at that meeting shall have a casting vote.

6. Quorum

(1) At any meeting of the Board a quorum is the minimum number constituting a majority of the total members of the Board.

(2) The principal may be invited to attend meetings of the Board.

7. Minutes

(1) Minutes in proper form of each meeting of the Board shall be kept by such person as the Board may appoint for the purpose and shall be confirmed by the chairperson or deputy chairperson, as the case may be, as soon as practicable thereafter at a subsequent meeting.

(2) A copy of the minutes of every meeting of the Board shall be submitted to the Minister within 14 days thereafter.

8. Minister to be represented at meetings

The Minister may be represented at any meeting of the Board by any person authorised by him or her in that behalf and that person may take part in the proceedings at that meeting but shall not vote on any matter.

9. Functions of the Board

Without prejudice to any other functions conferred or imposed on the Board under this Act, the functions of the Board shall be—

(a) to manage, conduct and supervise the activities of the College;

(b) to have general supervision of the buildings, premises and grounds of the College;

10. Delegation of functions

(1) The Board may delegate such of its functions as it thinks expedient for the purpose of effectively transacting the day to day business of the Board to the chairperson, the principal or a Committee appointed by the Board.

(2) Subsection (1) does not authorise the Board to delegate to any person the exercise of any power to make rules or to do any act involving extraordinary expenditure.

11. Rules

The Board may, with the approval of the Minister, make rules—

(a) governing the proceedings of the Board and the manner and transaction of its business;

(b) prescribing the manner in which documents, cheques and instruments of any description shall be signed, executed or kept for the purposes of its functions;

(d) prescribing the academic years and terms, and the vacations and holidays to be recognised for the purposes of the College;

(e) providing for the grant and conditions of leave for the principal and staff of the College;

(f) prescribing the subjects of instruction, the relative prominence and value to be assigned to each subject or group of subjects and the extra-curricular activities of the College;

(g) generally for the exercise of its functions under this Act.

12. Staff of the College

The Staff of the College shall consist of a principal, vice principal, registrar, bursar and such number of deans, senior tutors, tutors and other employees as the Board, subject to the approval of the Minister, may determine. (Amended by S.I. 65/1993)

13. Organisation of the College

The Board shall cause the College to be organised in Divisions corresponding as nearly as practicable with the fields of education specified in section 3(2).

14. Principal

(1) The principal shall be appointed by the Board with the prior approval of the Minister.

(2) The principal shall be the academic and administrative head of the College.

(3) The principal may terminate his or her appointment by giving one complete academic term's notice to the Board.

(4) The principal shall not hold any other appointment or engage in any other occupation which in the opinion of the Board is likely to interfere with the proper performance of his or her functions under this Schedule or is prejudicial to the welfare of the College.

15. Dismissal of principal

The principal may, with the prior approval of the Minister be dismissed by the Board subject to the following conditions—

(a) the principal shall be given due notice that his or her dismissal is under consideration together with a statement of the charges alleged against him or her; and

(b) the principal shall be given an opportunity to defend himself or herself against any such charges.

16. Functions of principal

Without prejudice to any other functions conferred or imposed upon him or her under the provisions of this Schedule, the principal shall be responsible for—

(a) implementation of policy and for all phases of the operation, administration, supervision, maintenance and promotions of the College programmes, as well as for the introduction of such measures, mechanisms and procedures as are necessary for the effective discharge of these functions;

(b) the provision of leadership in matters relating to the curriculum of the College;

(d) exercising such other powers conferred on or duties delegated to him or her by the Board in accordance with this Act.

17. Appointment of teaching staff

(1) The deans, senior tutors and tutors (hereinafter referred to as the teaching staff) shall be appointed by the Board.

(2) On first appointment a member of the teaching staff shall be required to serve a probationary period of one year unless the Board, with the prior approval of the Minister, dispenses with the requirement to serve a probationary period.

(3) Where a member of the teaching staff is appointed in the first instance for a probationary period, the Board at the expiration thereof, may, on the recommendation of the principal, appoint him or her to a post on the permanent staff of the College.

(4) The appointment to the permanent staff of the College of any member of the teaching staff who was in the first instance appointed for a probationary period, shall be deemed to have taken effect from the date of his or her appointment on probation.

(5) The appointment of a member of the teaching staff who is serving the probationary period mentioned in sub-paragraph (2) may be terminated by one month's notice given by the Board to such member or by such member to the Board.

(6) A notice given under sub-paragraph (5) shall be transmitted through the principal.

(7) A member of the teaching staff who is employed by the Board on a whole time basis shall not hold any other appointment or engage in any other occupation, which in the opinion of the Board, may interfere with the proper performance of his or her duties as such member of the teaching staff or is prejudicial to the welfare of the College.

18. Discipline

(1) A member of the teaching staff may be suspended by the principal for—
1. (a) gross neglect of duty; or
1. (b) misconduct calculated to injure the reputation of the College.

(2) The principal shall upon any such suspension report the same and the circumstances thereof in writing to the chairperson who shall within 7 days of the receipt by him or her of the principal's report summon a meeting of the Board to inquire into and adjudicate upon the matter.

19. Dismissal of a member of the teaching staff

Despite the provisions of paragraph 18 the Board may dismiss any member of the teaching staff appointed to a post on the permanent staff of the College, subject to the following conditions—

(a) such member shall be given due notice that his or her dismissal is under consideration together with a statement of the charges alleged against him or her;

(b) such member shall be given an opportunity to defend himself or herself against any such charges.

20. Termination in respect of appointment under contract

Despite the provisions of the paragraphs 14(3) and 17(5), where the principal or any member of the teaching staff is appointed and employed under a written contract of service the terms of such contract in relation to the termination thereof have effect in substitution for the provisions of those paragraphs.

21. Pensions

The provisions of the Pensions Act shall apply in respect of the pensions, gratuities or other allowances to be paid to the principal and members of the staff in respect of service in the College.

22. Other members of the staff

Members of the staff of the College other than the principal and the teaching staff shall be appointed by the Board upon such terms and conditions as the Minister may approve.