Local Government Act, 2001
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Eligibility and tenure of office of members, etc. |
92.—(1) A person appointed to be a member of the Commission holds office as such member for such period (not exceeding 3 years) as may be specified by the Minister at the time of the appointment. | |
(2) The chairperson and any other member of the Commission may be paid out of moneys at the disposal of the Minister, such remuneration (if any) and allowances for expenses incurred by the member as the Minister, with the consent of the Minister for Finance, may determine. | ||
(3) (a) A person is disqualified from becoming a member of the Commission if he or she is— | ||
(i) a member of either House of the Oireachtas, | ||
(ii) a member of the European Parliament, or | ||
(iii) a member of a local authority. | ||
(b) A person ceases to be a member of the Commission if he or she— | ||
(i) is nominated as a member of Seanad Éireann, or | ||
(ii) is elected as a member of either House of the Oireachtas or as a member of the European Parliament, or | ||
(iii) is regarded under Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, or | ||
(iv) becomes a member of a local authority. | ||
(4) The chairperson or any other member of the Commission may at any time resign from office by letter addressed to the Minister and the resignation takes effect from the date of receipt of the letter by the Minister. | ||
(5) Where a casual vacancy occurs among the members of the Commission, the Minister may appoint a person under this subsection to fill such vacancy who shall hold office for the remainder of the term of office of the replaced member. | ||
(6) The Minister may remove from office any member (including the chairperson) of the Commission if, in the opinion of the Minister, that person has become incapable through ill-health of effectively performing the duties of the office or has committed stated misbehaviour or that person's removal appears to the Minister to be necessary or desirable for the effective performance by the Commission of its functions. | ||
(7) A person may be re-appointed to be a member of the Commission. | ||
(8) Subject to this section and section 91 , the chairperson and other members of the Commission shall hold office on such terms and conditions as the Minister may determine. | ||
(9) (a) Notwithstanding section 91 (1), the Minister may by order under this subsection increase the number of members of the Commission to not more than 7 members where in the opinion of the Minister it is necessary taking account of the volume of business coming before the Commission and the need to ensure the effective and efficient discharge by the Commission of its functions, but any such increase is for such temporary period as shall be specified in the order. | ||
(b) A person appointed as an additional member of the Commission by virtue of an order under this subsection may be appointed under subsection (5) to fill a casual vacancy among the members of the Commission. |