STATUTORY INSTRUMENTS.

S.I. No. 891 of 2004 .

NATIONAL BREAST SCREENING BOARD (ESTABLISHMENT) ORDER, 2004.

S.I. No. 891 of 2004 .

NATIONAL BREAST SCREENING BOARD (ESTABLISHMENT) ORDER, 2004.

The Minister for Health and Children in exercise of the powers conferred on her by Section 3 (A) and Sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961), as amended by Section 22 of the Health (Amendment) Act (No. 3) 1996 and in exercise of the powers conferred on her by Section 75 and Schedule 6 Part 3 of the Health Act, 2004 hereby orders as follows:

1.  This Order may be cited as the National Breast Screening Board (Establishment) Order, 2004.

2.  This Order shall commence on the 1st day of January, 2005.

3.  The establishment day for the purpose of this Order is the 1st day of January 2005.

4.  The National Breast Screening Board as established pursuant to Statutory Instrument No. 319 of 1998 is hereby specified for the purposes of Section 3(A) of the Health (Corporate Bodies) Act, 1961 .

5.  There shall stand established on the establishment day a body to be known as the National Breast Screening Board (An Bord Cíoch Scrúdaithe Náisiúnta).

6.  In this Order:

“Board” means the National Breast Screening Board established by this Order;

“Chairperson” means the Chairperson appointed by the Minister under Article 9;

“Director” means the Chief Officer referred to in Article 16;

“member” means a member for the time being of the Board;

“Minister” means the Minister for Health and Children;

“Programme” means the National Breast Screening Programme;

“The Executive” means the Health Service Executive established under Section 6 of the Health Act, 2004;

“former Board” means the Board established under the National Breast Screening Board (Establishment) Order 1998, S.I. No. 319 of 1998 ;

“service plan” means a statement of the services to be provided by the Board consistent with the financial limits determined by the Minister under Article 13 and estimates of the income and expenditure of the Board for the period to which the plan relates;

The Board

7.  (1)  The Board shall perform the functions conferred upon it by this Order.

(2)  The Board shall be a corporate body, with perpetual succession and with power to sue and be sued in its corporate name and to hold land.

Functions of the Board

8.  (1)  The Board shall carry out a national breast screening programme for the early diagnosis, and arrange for the primary treatment, of breast cancer in women, subject to such directions as the Minister may give from time to time;

(2)  The Board shall establish appropriate systems for:

(a) the planning, administration and management of the Programme and

(b) obtaining such information as it may require in relation to the management and administration of the Programme (including its financial arrangements)

(3)  The Board shall co-operate with, and co-ordinate its activities with those of the Executive.

(4)  In performing the functions conferred on it by this Order, the Board shall have regard to the resources, wherever originating, that are available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources.

Membership of the Board

9  (1)  The membership of the Board shall consist of a Chairperson and eight other members appointed by the Minister.

(2)  The term of office of the members of the Board, including the Chairperson, shall, subject to Article 9 (3) and 9 (4), expire on 31st day of December, 2007.

(3)  A member of the Board, including the Chairperson, may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(4)  A member of the Board, including the Chairperson, may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to be necessary for the effective performance by the Board of its functions, or if the Minister is satisfied that the member has failed to comply with the provisions of Article 19.

(5)  In the event of a casual vacancy arising through the death, resignation or cessation of membership under this Article of a member of the Board, including the Chairperson, the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as a member of the Board for the unexpired term of office of the said member.

(6)  The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Board.

Proceedings of the Board

10. (1)  The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in every period of three months.

(2)  The first meeting of the Board shall be held within one month after the establishment day.

(3)  The quorum for a meeting of the Board shall be 5.

(4)  The Chairperson of the Board shall preside at all meetings of the Board at which he or she is present and in the absence of the Chairperson the members present shall elect one of their number to preside at the meeting.

(5)  Each member of the Board present at a meeting of the Board shall have a vote.

(6)  Every question at a meeting of the Board 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 Chairperson or other member presiding at the meeting shall have a second or casting vote.

(7)  The Board shall have power to adopt standing orders governing the procedures to be followed at its meetings, and the performance of its functions generally.

(8)  The proceedings of the Board shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Board or any member thereof.

(9)  The Chairperson may at any reasonable time call a meeting of the Board.

(10)  If the Chairperson refuses to call a meeting of the Board after a requisition for that purpose, signed by not less than 3 members of the Board, has been presented to the Chairperson, any 3 members of the Board may call a meeting of the Board.

(11)  If the Chairperson, without refusing to do so, does not, within 7 days of the presentation of a requisition for that purpose signed by not less than 3 members of the Board, call a meeting of the Board, any 3 members of the Board may call a meeting of the Board.

Remuneration

11. (1)  A person (other than the Chairperson) shall not receive any remuneration for acting as a member of the Board, or as a member of any committee appointed by the Board under Article 12 (1), but may be paid travelling and subsistence allowances in accordance with such scales as may from time to time be approved by the Minister, with the consent of the Minister for Finance.

(2)  The Chairperson may receive such remuneration for acting as Chairperson of the Board as may from time to time be determined by the Minister, with the consent of the Minister for Finance.

Committees

12. (1)  The Board may appoint committees, whose members may include persons who are not members of the Board, to assist and advise the Board in relation to the carrying on of its functions, or to furnish advice on particular aspects of its functions.

(2)  Any committee so appointed shall comply with any directions given to it by the Board, and any expenditure by it shall be subject to the prior consent of the Board.

Financial

13. (1)  The Board shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods, and at such times as may be required by the Minister, and shall furnish to the Minister any information which the Minister may require in relation to such estimates.

(2)  The Minister may pay to the Board, in each year out of moneys provided by the Oireachtas, a grant or grants, of such amount or amounts as the Minister may decide.

(3)  Within 20 working days of having been notified in writing of its grant or grants for a financial year, the Board shall:--

(a) prepare a service plan for the financial year or other period as may be determined by the Minister, and

(b)  adopt the plan so prepared and submit it to the Minister for approval.

(4)  The financial year of the Board shall be the period of 12 months ending on 31st day of December in any year and for the purposes of this sub-article the period commencing on the date of the coming into operation of this Order and ending on 31st day of December 2005, shall be deemed to be a financial year.

Accounts

14. (1)  The Board shall keep all proper and usual accounts of all moneys received or expended by the Board including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

(2)  The annual financial statement shall be prepared within 3 months of the end of the previous year for submission to the Comptroller and Auditor General and the audit of these financial statements shall be carried out by the Comptroller and Auditor General under section 5 of the Comptroller and Auditor General (Amendment) Act, 1993 .

(3)  Submission and presentation of the annual financial statements and auditor's report(s) thereon, shall be carried out in accordance with section 11 of the Comptroller and Auditor General (Amendment) Act, 1993 .

(4)  The Director shall at the written request of an Oireachtas Committee, attend before it and in giving evidence to such an Oireachtas Committee, the Director shall not:--

(a)  question or express an opinion on the merits of any policy of the Government or a Minister of the Government or the Attorney General or on the merits of the objectives of such a policy, or

(b)  produce or send to a committee a specified document in which the Director questions or expresses an opinion on the merits of any such policy or such objectives.

Reports

15. (1)  The Board shall in each year subsequent to its establishment, not later than 31st day of March, make a report to the Minister of its activities during the preceding year, including an account of its performance against the service plan produced under Article 13 (3), and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2)  For the purposes of this provision, the period commencing on the date of coming into operation of this Order and ending 31st day of December 2005 shall be deemed a year.

(3)  The Board shall furnish to the Minister or the Executive such information regarding the performance of its functions as the Minister or the Executive may from time to time request.

Director

16. (1)  There shall be a chief officer of the Board who shall be known as the Director.

(2)  The Director shall be appointed by the Board and shall hold office for such period and upon such terms and conditions (other than terms and conditions relating to remuneration, superannuation and allowances for expenses) as the Board may, with the approval of the Minister, determine from time to time.

(3)  On the establishment day the chief officer of the former Board shall be deemed to have been appointed as Director of the Board, for the remaining term of his contract.

(4)  The Director shall carry on, manage and control generally the administration and business of the Board and perform such other functions as may be determined by the Board.

(5)  The terms and conditions, relating to the remuneration, superannuation and allowances for expenses of the Director, shall be such as may be determined from time to time by the Minister, with the consent of the Minister for Finance.

(6)  The Director shall not be a member of the Board, but may attend at all Board meetings unless the Board otherwise decides.

Members of Staff

17. (1)  The Board may, subject to the approval of the Minister, with the consent of the Minister for Finance, appoint such other members of staff as the Board may, from time to time, think appropriate, and in appointing any member of staff, the Board shall comply with any directions given by the Minister relating to the procedure to be followed.

(2)  The Board shall, subject to the approval of the Minister, with the consent of the Minister for Finance, determine the remuneration and conditions of service (including superannuation) of the members of staff.

(3)  The Board shall, subject to the approval of the Minister, with the consent of the Minister for Finance, determine the grades of the staff of the Board and the numbers of staff in each grade.

(4)  The Director shall, from time to time, assign such duties as he or she considers appropriate, to each member of the staff of the Board, and each such member of the staff shall perform the duties so assigned.

Transfer Provisions

18. (1)  On the establishment day:--

(a)  All property (including choses-in-action) of the former Board shall transfer without further conveyance or assignment to the Board;

(b)  All rights and liabilities of the former board shall transfer to the Board without further assignment;

(c)  All continuing commitments and contracts made by the former Board are hereby preserved;

(d)  All pending legal proceedings to which the former Board is a party shall continue with the substitution of the Board for the former board and the proceedings shall not abate by reason of this substitution.

Disclosure of Interests

19. (1)  Where the Chairperson, any other member of the Board, the Director, a member of staff of the Board, a consultant, adviser or other person engaged by the Board, has a beneficial interest in, or material to, any matter which falls to be considered by the Board, he or she shall comply with the following requirements:--

(a)  he or she shall disclose to the Board through the Director, or in the case of the Director or a member of the Board through the Chairperson, or in the case of the Chairperson directly to the Board, the nature of his or her interest in advance of any consideration of the matter;

(b)  he or she shall neither influence nor seek to influence a decision in relation to the matter;

(c)  he or she shall take no part in any consideration of the matter by the Board, save to such extent as the Chairperson, or where the Chairperson has such an interest, a majority of the Board, may permit.

(2)  Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with paragraph (1) of this Article, the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(3)  Where a disclosure is made under Article 19 (1) to the Board, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

Duty of Non-Disclosure of Information

20. A person may not, without the consent of the Board, disclose any information obtained by him or her while performing duties as a member of the Board, as Director, as a member of staff or a consultant or an adviser to the Board or a committee established pursuant to Article 12 of this Order.

Loans, Purchase and Sale of Land Etc

21. The Board may, subject to approval by the Minister, purchase, lease or exchange, hire or otherwise acquire, and hold, manage, develop, sell, dispose of, lease, any property, real or personal, and any interest therein.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the establishment of a National Breast Screening Board whose function is to carry out a national breast screening programme for the early diagnosis and primary treatment of breast cancer in women.

This Board replaces the former Board which was established under the National Breast Screening Board (Establishment) Order 1998, S.I. No. 319 of 1998 .