Pensions Act, 1990
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FIRST SCHEDULE An Bord Pinsean — The Pensions Board | ||
Section 9 (2). | ||
1. The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land or to acquire, hold and dispose of any other property. | ||
2. The Board shall consist of a chairman, and 12 ordinary members, who shall be appointed to the Board by the Minister. | ||
3. A person appointed to be the chairman of the Board may be referred to (including in any document relating to appointment) by that designation or by such other designation as the Board considers with the concurrence of the Minister appropriate. | ||
4. The chairman of the Board may at any time resign his office by letter addressed to the Minister. | ||
5. Notwithstanding paragraph 10 (1) the Minister may at any time remove the chairman of the Board from office. | ||
6. Subject to the provisions of this Schedule, the chairman of the Board shall hold office on such terms and conditions as the Minister may determine. | ||
7. The chairman of the Board shall be paid, out of moneys at the disposal of the Board, such remuneration (if any) and allowances for expenses incurred by him (if any) as the Minister, with the consent of the Minister for Finance, may determine. | ||
8. (1) Of the ordinary members of the Board— | ||
(a) one shall be a trade union member, | ||
(b) one shall be an employers' member, | ||
(c) two shall be representative of occupational pension schemes, | ||
(d) one shall be a representative of the actuarial profession, | ||
(e) one shall be a representative of the accounting profession, | ||
(f) one shall be a representative of the legal profession, | ||
(g) one shall be a representative of the Minister for Finance, and | ||
(h) one shall be a representative of the Minister. | ||
(2) The trade union member of the Board shall be a person nominated for appointment thereto by such organisation as the Minister considers to be representative of trade unions of workers as the Minister may determine. | ||
(3) The employers' member of the Board shall be a person nominated for appointment thereto by such organisation as the Minister considers to be representative of employers as the Minister may determine. | ||
(4) The members of the Board representing occupational pension schemes shall be persons nominated for appointment thereto by such organisation or organisations as the Minister considers to be representative of occupational pension schemes. | ||
(5) The member of the Board representing the actuarial profession shall be a person nominated for appointment thereto by such organisation or organisations as the Minister considers to be representative of the actuarial profession. | ||
(6) The member of the Board representing the accounting profession shall be a person nominated for appointment thereto by such organisation or organisations as the Minister considers to be representative of the accounting profession. | ||
(7) The member of the Board representing the legal profession shall be a person nominated for appointment thereto by such organisation as the Minister considers to be representative of the legal profession. | ||
(8) The member of the Board representing the Minister for Finance shall be such officer of the Minister for Finance as the Minister for Finance may determine. | ||
(9) The member of the Board representing the Minister shall be such officer of the Minister as the Minister may determine. | ||
9. Each ordinary member of the Board shall be a part-time member of the Board and, subject to the provisions of this Schedule, shall hold office on such terms and conditions as the Minister may determine. | ||
10. (1) The term of office of the chairman shall be 5 years. | ||
(2) The term of office of an ordinary member of the Board shall be such period not exceeding 5 years as the Minister may, with the consent of the Minister for Finance, determine when appointing him and, subject to the provisions of this Schedule, shall be eligible for re-appointment as such member. | ||
11. (1) If an ordinary member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy. | ||
(2) A person appointed to be a member of the Board by virtue of this subparagraph shall hold office for the remainder of the term of office of the member occasioning the vacancy he is appointed to fill and shall be eligible for re-appointment as a member of the Board. | ||
12. A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of the Board. | ||
13. Notwithstanding paragraph 10 (2) the Minister may at any time remove an ordinary member of the Board from office. | ||
14. An ordinary member of the Board may resign his office as a member by letter addressed to the Minister. | ||
15. A member of the Board shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude. | ||
16. Each ordinary member of the Board shall be paid, out of moneys at the disposal of the Board, such remuneration (if any) and allowances for expenses incurred by him (if any) as the Minister may, with the consent of the Minister for Finance, sanction. | ||
17. The Board shall hold such and so many meetings as it considers appropriate for the performance of its functions. | ||
18. The Minister may fix the date, time and place of the first meeting of the Board. | ||
19. The quorum for a meeting of the Board shall be 5. | ||
20. At a meeting of the Board— | ||
(a) the chairman of the Board shall, if present, be the chairman of the meeting, | ||
(b) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting. | ||
21. The chairman of the Board, and each ordinary member of the Board, present at a meeting thereof shall have a vote. | ||
22. 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 chairman of the meeting shall have a second or casting vote. | ||
23. The Board may act notwithstanding one or more than one vacancy among its members. | ||
24. Subject to the provisions of this Schedule, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board. | ||
25. The Board shall, as soon as may be after its establishment, provide itself with a seal. | ||
26. The seal of the Board shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and by the signature of an officer of the Board authorised by the Board to act in that behalf. | ||
27. Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with paragraph 26) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. | ||
28. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board in that behalf. |