1 1969

No. 1/1969 (Private):

THE INSTITUTION OF CIVIL ENGINEERS OF IRELAND (CHARTER AMENDMENT) ACT, 1969


AN ACT TO AMEND FURTHER THE CHARTER UNDER WHICH THE INSTITUTION OF CIVIL ENGINEERS OF IRELAND IS INCORPORATED (AS AMENDED BY THE INSTITUTION OF CIVIL ENGINEERS OF IRELAND (CHAPTER AMENDMENT) ACT, 1960) SO AS TO ALTER THE NAME AND EXTEND THE OBJECTS OF THE INSTITUTION AND TO ALTER THE PROVISIONS RELATING TO THE MEMBERSHIP THEREOF AND IN PARTICULAR SO AS TO PROVIDE FOR ADMISSION TO MEMBERSHIP THEREOF OF EXISTING MEMBERS OF CUMANN NA NINNEALTOIRI AND TO PROVIDE FOR THE USE BY FULLY QUALIFIED PERSONS OF THE DESCRIPTION "CHARTERED ENGINEER" AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[11th February, 1969.]

Preamble.

WHEREAS the Institution of Civil Engineers of Ireland was founded in the year 1835 for promoting the acquisition of knowledge appertaining to the professions of Civil and Mechanical Engineers and for the advancement of Engineering and Mechanical Science:

AND WHEREAS by a Charter or Letters Patent under the Great Seal of Ireland dated the 15th day of October 1877 and granted by Her Late Majesty Queen Victoria certain persons therein named and such other persons as then were or should thereafter become members of the said Institution were incorporated into one body politic and corporate under the name "The Institution of Civil Engineers of Ireland" and by such Charter certain powers were conferred upon such Corporation and certain provisions were made for the regulation of its affairs:

AND WHEREAS by a private Act of the Oireachtas namely The Institution of Civil Engineers of Ireland (Charter Amendment) Act, 1960 (No. 1 (Private) at 1960) the said Charter was amended so as to be read as providing that the purposes of the said Institution should be the promoting of the acquisition of knowledge appertaining to the profession of Engineering and the special advancement of Engineering Sciences and it was by the said Act provided that the Bye-laws of the said Institution might from time to time prescribe a maximum number of members of the Council (other than and exclusive of the President, the Vice-President and the Secretary) and that the number of such members should not thereafter exceed such maximum nor be less than twenty-one and the said Act contained other provisions as to the constitution of such Council and provided that such Council should have the direction and management of the concerns of the said Institution:

AND WHEREAS there has been a great growth in the development of special branches of engineering in recent years and no provision is made in the said Charter or amending Act for recognition or organisation of such special branches or for their representation on the Council of the said Institution:

AND WHEREAS an association of Irish engineers was founded in or about the year 1928 and was incorporated under the Companies Act, 1908 to 1924, as a Company limited by guarantee under the name Cumann na nInnealtóirí (hereinafter referred to as "The Cumann") having for its principal object the furtherance of the interests of the engineering profession in Ireland:

AND WHEREAS there is considerable duplication and overlapping of functions between the said Institution and the Cumann, many engineers being members of both of those bodies, and an amalgamation of the two bodies would be advantageous to the engineering profession and in the public interest:

AND WHEREAS BY reason of the growth of specialised branches of the engineering profession the present name of the said Institution is unduly restrictive and it is desirable to adopt a name applicable to the profession generally:

AND WHEREAS provision for the representation of such specialised branches on the Council of the said Institution and the increase in membership resulting from an amalgamation with the Cumann will render necessary or desirable changes in the provisions of the said Chater and the amending Act relating to the constitution and mode of election of the Council of the said Institution:

AND WHEREAS it is desirable that provision be made for more than one category of membership of the said Institution and that a category of members to be known as Chartered Members should be created and that those members possessing the necessary professional qualifications and experience to be admitted to such category should be entitled to use same distinctive description of themselves which may be readily understood to have such significance:

AND WHEREAS a resolution authorising the application for this Act was duly passed at an Special General Meeting of the said Institution held on the 24th day of April 1968 and a resolution approving of the objects of this Act was duly passed at an Extraordinary General Meeting of the Cumann held on the 16th day of May 1968:

AND WHEREAS it is expedient that the provisions in this Act contained should be enacted and the purposes aforesaid cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1. —In this Act unless the context otherwise requires—

"The Charter" means the Royal Charter of Incorporation of the Institution of the Civil Engineers of Ireland granted on 15th day of October 1877;

"The amending Act" means The Institution of Civil Engineers of Ireland (Charter Amendment) Act, 1960 ;

"The Institution" means the body corporate constituted by the Charter;

"The Cumann" means the body incorporated under the Companies Acts, 1908 to 1924, under the name Cumann na nInnealtóirí;

"The Council" means the Council of the Institution;

"The Bye-laws" means the bye-laws, rules and regulations of the Institution for the time being in force;

"The Secretary" means the Secretary of the Institution;

"The Profession" means the engineering profession and includes specialised branches of that profession.

Name of the Institution.

2. —The name of the Institution shall henceforth be "The Institution of Engineers of Ireland" or "Cumann na nInnealtóirí".

Extension of objects.

3. —The Charter shall henceforth be construed as providing that the purposes of the Institution shall include:—

( a ) promoting the acquisition of that species of knowledge which appertains to the profession of engineering and advancing engineering science and furthering by all legitimate means the interests of the said profession and of its members.

( b ) setting up and maintaining proper standards of professional and general education and training for admission to membership or to any category of membership of the Institution, with power to provide and prescribe instruction and courses of study and to conduct examinations for the purpose of maintaining such standards.

( c ) ensuring that the description "Chartered Engineer" or the use of initials or letters having a similar significance is confined to a category of engineers who have satisfied the Council of their professional competence and experience, or win are authorised so to describe themselves by a professional body recognised by the Council in that behalf.

( d ) maintaining a proper standard of professional ethics and conduct.

Specialised divisions of membership.

4. —The Institution shall have power to organise and make provision for specialised divisions of membership, corresponding to specialised branches of engineering science, or to particular sections of employment, or otherwise, and to provide by its Bye-laws for representation of such specialised divisions on the Council.

Membership.

5. —Membership of the Institution shall be open to all persons who establish to the satisfaction of the Council that they are qualified for membership in a manner required by the Bye-laws.

Categories of membership.

6. —There shall be two categories of members, namely Chartered member and Ordinary member. Chartered membership shall be confined to persons of not less than 25 years of age who, in addition to having the qualifications required for membership of the Institution, have such further qualifications as may by the Bye-laws be required for admission to Chartered membership.

Chartered Engineers.

7. —Chartered members of the Institution shall be known as "Chartered Engineers" and shall have the right so to describe themselves and to use after their names the abbreviation "C. Eng". Such right shall be confined to such Chartered Members and to persons within the State in respect of whom the Council is satisfied that they are authorised to describe themselves as Chartered Engineers by a professional body recognised by the Council in that behalf. The Council shall keep a register of such persons and the Bye-laws may provide for payment of fees for such registration.

Constitution of the Body corporate; Honorary membership; associates.

8. —The Chartered members and Ordinary members of the Institution shall together constitute the corporate body but provision may be made by the Bye-laws for admitting other persons to honorary membership and for admitting as associates, students of engineering, engineering technicians not qualified for membership, and such other persons as may be provided for.

Bye-laws.

9. —Notwithstanding anything to the contrary contained in the Charter or in the amending Act, the Bye-laws may provide for all or any of the following matters:—

( a ) the setting up and organisation within the Institution of several divisions of members to cater for the needs of the profession,

( b ) the constitution of divisional boards of control or committees and the method of election to such boards,

( c ) the formation of some or all of such divisions into divisional groups and the provision of committees or executive bodies to manage the affairs of such groups,

( d ) the constitution, number and method of election of the Council,

( e ) the election and method of election of a President and other officers in lieu of the officers mentioned in the Charter and the amending Act,

( f ) the conditions subject to which students, engineering technicians or other persons may be associated with the Institution,

( g ) the qualifications required for Ordinary membership and Chartered membership receptively

( h ) he conferring of the title "Fellow of the Institution of Engineers of Ireland" or other title of distinction on any of the Chartered members and the Conditions governing the conferring and use of such title,

( i ) the affiliation or association of the Institution with other professional bodies, within the State or elsewhere, and the granting of any reciprocal rights to members of any such bodies,

( j ) the appointment by the Council and the remuneration out of the funds of the Institution of a Secretary and other officers (who need not be members),

( k ) the holding of a postal ballot in relation to any matter.

Cumann members entitled to membership of Institution.

10. —Notwithstanding anything contained in section 5 of this Act all persons Who are at the date of passing of this Act members of the Cumann shall be entitled to membership of the Institution and shall (unless they serve notice in writing to the contrary on the Secretary within three months after such date) at the expiration of three months after such date become and be members of the Institution.

Dissolution of the Cumann and transfer of properly.

11. —(1) At the expiration of three months after the date of passing of this Act the Cumann shall be by virtue of this section dissolved.

(2) All property whether real and personal (including choses-in-action) which immediately before the dissolution of the Cumann was vested in, belonged to, or was held in trust for, the dissolved Cumann, subject however, to any incumbrances, rights or liabilities affecting the property immediately before such dissolution, and all rights, powers and privileges relating to or connected with any such property shall, on the dissolution of the Cumann and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the Institution for all the estate, term or interest for which the same immediately before such dissolution was vested in or belonged to or was held in trust for the dissolved Cumann.

(3) All property transferred by this section which, immediately before the dissolution of the Cumann, was standing in the books of any bank or was registered in the books of any bank, corporation, or company shall, upon the request of the Institution made on or at any time after the desolation of the Cumann, be transferred in such books by such bank, corporation, or company into the name of the Institution.

(4) On and after the dissolution of the Cumann every chose-in-action transferred by this section to the Institution may be sued upon, recovered, or enforced by the Institution in its own name and it shall not be necessary for the Institution to give notice to the person bound by such choses-in-action of the transfer effected by this section.

(5) Section 12 of the Finance Act 1895 shall not operate so as to require the Institution to deliver to the Revenue Commissioners a copy of the Act or to pay any Stamp Duty under that section on any copy of the Act.

Transitory provisions.

12. —(1) Pending the adoption of new Bye-laws and the election of a new Council pursuant thereto, the affairs of the Institution shall be managed by a Provisional Council consisting of all persons who were at the passing of this Act members of the Council of the Institution together with all persons who were then members of the Central Council of the Cumann. Such Provisional Council shall draft new Bye-laws for the Institution and shall arrange for the convening of a General Meeting of the members of the Institution in Dublin not later than one year after the passing of this Act. Not less than twenty-one days' notice in writing of such meeting, specifying the time and place of the meeting, shall be sent to all members by prepaid post addressed to them at their last known place of address, and a copy of the draft new Buy-laws shall be sent with each such notice but the non-receipt of any such notice or copy of the draft new Bye-laws by, or the accidental omission to give such notice or copy to, any member shall not invalidate the proceedings at such meeting.

(2) Any proposed amendment to such draft Bye-laws shall be in writing, signed by not less than ten members, and sent by prepaid post to the Secretary so as to reach him not less than seven days before the date of the said General Meeting. At such meeting the draft Bye-laws and any such proposed amendments shall be put to the vote and ,if they are not approved by a majority of those present and voting, the meeting shall be adjourned to a date to be announced by the Chairman was the Provisional Council shall in the meantime revise the draft Bye-laws, which as so revised shall be again put to the vote: and if necessary there shall be further adjournments until the draft Bye-laws are so approved.

(3) When draft Bye-laws have been approved at a General Meeting they shall be circulated by post to all members where addresses are known for acceptance or rejection en bloc by postal vote, such votes to reach the Secretary on or before a specified date to be fixed by the Provisional Council. In the event of a majority of the postal votes cast being in favour of acceptance, the Provisional Council shall declare the draft Bye-laws to be accepted and they shall thereupon become and be the Bye-laws at the Institution.

(4) If there shall not a majority of such postal votes in favour of acceptance, the Provisional Council shall convene a further General Meeting to consider objections and any further proposed amendments, and if necessary such meeting shall be adjourned from time to time until draft Bye-laws are approved by a majority of the votes cast at such meeting. When such approval has been obtained the draft Bye-laws so approved shall thereupon become and be the Bye-laws of the Institution.

(5) The Provisional Council shall nominate the person to act as Chairman at such General Meetings and in the case of equality of votes such Chairman shall have an additional or casting vote.

(6) The Provisional Council shall have all the powers now vested in the Council and may appoint and pay out of the funds of the Institution reasonable remuneration to a Secretary or to joint secretaries, or other officials.

Charter and amending Act to remain in full force and effect.

13. —Save as hereby amended the Charter and the amending Act shall be and remain in full force and effect.

Deletion of Cumann from Register of Companies.

14. —(1) The Institution shall deliver to the Registrar of Companies a printed any copy of this Act and he shall retain and register the same and if such a copy of this Act is not delivered within six months from the passing of this Act the Institution shall incur a penalty not exceeding two pounds for every day after the expiration of those six months during which the default continues. Every penalty under this section shall be recoverable summarily.

(2) On receipt of a printed copy of this Act, the Registrar of Companies shall thereupon strike the Cumann from the Registrar of Companies.

Expenses.

15. —The costs, charges and expenses preliminary to and of and incidental to the preparing, obtaining and passing of this Act shall be paid by and out of the funds of the Institution.

Short title.

16. —This Act may be cited as The Institution of Civil Engineers of Ireland (Charter Amendment) Act, 1969 .