Broadcasting Act, 2001
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Broadcasting Complaints Commission. |
22.—(1) In this section “the Commission” means the Broadcasting Complaints Commission. | |
(2) Notwithstanding the repeal by section 3 of section 18A of the Act of 1960, the Commission shall continue in being. | ||
(3) The Commission shall consist of not less than 7 nor more than 9 members. | ||
(4) The members of the Commission shall be appointed by the Government. | ||
(5) Where the number of members of the Commission for the time being is 7, not less than 3 of them shall be men and not less than 3 of them shall be women. | ||
(6) Where the number of members of the Commission for the time being is 8 or 9, not less than 4 of them shall be men and not less than 4 of them shall be women. | ||
(7) A person who was a member of the Commission immediately before the commencement of this section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she sooner dies or resigns from office. | ||
(8) When appointing a member of the Commission, the Government shall fix his or her term of office which shall not exceed 5 years and, subject to subsections (12) and (13), the member shall hold his or her office on such terms and conditions (other than terms or conditions relating to remuneration or the payment of allowances) as are determined by the Government at the time of his or her appointment. | ||
(9) A member of the Commission may at any time resign his or her office by letter addressed to the Government and the resignation shall take effect as on and from the date of receipt of the letter by the Government. | ||
(10) A member of the Commission whose term of office expires by the effluxion of time shall be eligible for re-appointment. | ||
(11) There shall be paid to members of the Commission such remuneration (if any) and allowances (if any) as the Minister, with the consent of the Minister for Finance, from time to time determines. | ||
(12) A member of the Commission may be removed from office by the Government for stated reasons if, and only if, resolutions are passed by each House of the Oireachtas calling for his or her removal. | ||
(13) Where a member of the Commission is— | ||
(a) nominated as a member of Seanad Éireann, or | ||
(b) nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament, | ||
he or she shall thereupon cease to be a member of the Commission. | ||
(14) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Commission. | ||
(15) A member of the Authority, the Broadcasting Commission of Ireland or Teilifís na Gaeilge or an officer or servant of any such body shall be disqualified from becoming or being a member of the Commission. | ||
(16) The Government shall from time to time as occasion requires appoint a member of the Commission to be chairperson thereof. | ||
(17) The chairperson of the Commission shall, unless he or she sooner dies, resigns the office of chairperson or ceases to be chairperson under subsection (19), hold office until the expiration of his or her period of office as a member of the Commission. | ||
(18) The chairperson of the Commission may at any time resign his or her office as chairperson by letter sent to the Government and the resignation shall take effect at the commencement of the meeting of the Commission held next after the body has been informed by the Government of the resignation. | ||
(19) Where the chairperson of the Commission ceases during his or her term of office as chairperson to be a member of the Commission he or she shall also cease to be chairperson of the Commission. | ||
(20) The Commission may act notwithstanding one or more vacancies among its members (including one or more vacancies that result in subsection (5) or (6) not being complied with). | ||
(21) The quorum for a meeting of the Commission shall be determined by the Commission under subsection (22), but— | ||
(a) the quorum so determined shall not be less than 5, and | ||
(b) until it is so determined, the quorum shall be 5. | ||
(22) Subject to the provisions of this Act, the Commission shall regulate its procedure and practice. |