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Niue Certification Authority Act 1978

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

NIUE CERTIFICATION AUTHORITY ACT 1978

1978/36 – 14 February 1978

1 Short title
2 Interpretation
3 Niue Certification Authority established
4 Meetings
5 Functions of Authority
6 Use of common seal
7 Regulations
8 Expenses of Authority

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To establish the Niue Certification Authority and to define its functions and
Powers

1 Short title

This is the Niue Certification Authority Act 1978.

2 Interpretation

In this Act –

"Authority" means the Niue Certification Authority established under section 3;

"Minister" means the Minister for Education;

"trade" means any trade in connection with which the Authority considers it desirable to conduct examinations or issue certificates.

3 Niue Certification Authority established

(1) There is hereby established for the purposes of this Act the Niue Certification Authority.

(2) The Authority shall consist of –

(a) The Secretary to the Government, who shall be the Chairman;

(b) The Director of Public Works;

(c) The Director of Education;

(d) Two other officers appointed for a period of 3 years by the Cabinet.

4 Meetings

(1) Meetings of the Board shall be held at such time and places as the Authority or the Chairman determines.

(2) A quorum shall consist of 3 members of the Authority.

(3) Every question before the Authority shall be determined by a majority of the votes of the members present at a meeting of the Authority.

(4) As often as the office is vacant the Authority shall appoint a Deputy Chairman who shall hold office, while he continues to be a member of the Authority, for a term of 3 years, and who may be reappointed.

(5)

(a) The Chairman shall preside at all meetings at which he is present.

(b) In the absence of the Chairman from any meeting the Deputy Chairman shall preside.

(c) In the absence of both the Chairman and Deputy Chairman from any meeting the members present shall appoint one of their number to preside at that meeting.

(6) The person presiding at any meeting of the Authority shall have a deliberative vote and, in the case of an equality of votes, shall have a casting vote.

(7) Except as expressly provided in this Act or in regulations under this Act, the Authority may regulate its procedure in such manner as it thinks fit.

5 Functions of Authority

(1) The functions of the Authority shall be –

(a) To make provision for the examination of persons practising or intending to practise any trade calling or profession who desire to present themselves for examination;

(b) To make provisions for the examination of public servants who are studying for the Niue Public Service Administration Certificate and who desire to present themselves for examination;

(c) To grant or issue diplomas or certificates of his proficiency in any trade, calling or matter relating to any trade calling or profession;

(d) To grant or issue diplomas or certificates to any public servant who has satisfied the course requirements for the Niue Public Service Administration Certificate.

(2) The Authority may expand any moneys and generally take any action for any purpose that in its opinion is ancillary to its functions as defined in subsection (1). Without limiting the general power conferred under subsection (1) it is hereby declared that the Authority may –

(a) Co-opt, if necessary, any person or persons to advise the Authority in connection with any of its functions under subsection (1);

(b) With the approval of Cabinet, appoint such Advisory or Technical Committee to advise the Authority on such matters within the scope of its functions and powers as are referred to them by the Authority, and appoint any person to be a member of any such Committee, notwithstanding that he is not a member of the Authority;

(c) Charge fees for entry for examination.

6 Use of common seal

The common seal of the Authority shall not be affixed to any document, other than a diploma or certificate issued by the Authority, except under a resolution of the Authority, and the fixing of the seal to any such document shall be attested by the Minister and the Chairman.

7 Regulations

Cabinet may make all such regulations that may be necessary or expedient for giving full effect to this Act and for the due administration of it.

8 Expenses of Authority

All payments made in the course of the administration of this Act shall be made out of money which the Authority receives in exercise of its functions from fees and otherwise, and, to the extent that money is insufficient, shall be made out of money appropriated by the Assembly for the purposes of the Department of Education.