Harbours Act, 1946
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Disqualification. |
19.—(1) A person shall be disqualified for being appointed, elected or nominated or being a member of a harbour authority if— | |
(a) he is not an Irish citizen, or | ||
(b) he has not attained the age of twenty-one years, or | ||
(c) except in the case of being appointed or being a local authority member, the place where he ordinarily resides is more than thirty miles from the principal office of the harbour authority, or | ||
(d) he holds any paid office under the harbour authority, or | ||
(e) he has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine or to any greater punishment, and has not received a free pardon, or | ||
(f) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been adjudged bankrupt, or made a composition or arrangement with his creditors, or | ||
(g) has, within five years before his appointment, election or nomination, or since his appointment, election or nomination, been convicted of an offence under section 26 of this Act. | ||
(2) If a member of a harbour authority is absent from more than half of the meetings of the harbour authority during any period of six consecutive months, he shall vacate his office unless the harbour authority decides that there is good reason for such absence. | ||
(3) Where any portion of a sum charged or surcharged by an auditor of the accounts of a harbour authority upon or against any person remains unpaid, such person shall be disqualified for being appointed, elected or nominated or being a member of any harbour authority until the sum so charged or surcharged is paid unless such person appeals from the charge or surcharge and, in the final determination of the appeal, it is decided that the charge or surcharge was not lawfully made or (in the case of an appeal to the Minister) is not to be enforced. | ||
(4) A disqualification under subsection (3) of this section shall commence— | ||
(a) where an appeal from the relevant charge or surcharge is not taken, on the expiration of the time limited for such appeal, and | ||
(b) where such appeal is taken, on the expiration of one month after the final determination thereof. | ||
(5) Where a person is disqualified under this section by being adjudged bankrupt or making a composition or arrangement with his creditors, the disqualification shall cease, in case of bankruptcy, when the adjudication is annulled or when he obtains his discharge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part, and, in the case of composition or arrangement, on payment of his debts in full. | ||
(6) Where under this section a member of a harbour authority becomes disqualified for holding his office, or vacates his office through being absent from meetings, the harbour authority shall forthwith declare his office to be vacant and it shall thereupon become vacant. |