Competition Act, 2002
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Membership. |
35.—(1) The membership of the Authority shall consist of— | |
(a) a chairperson and such number of other whole-time members, not being less than 2 nor more than 4, as the Minister determines and appoints (but that limitation on numbers does not affect an appointment under paragraph (b)), | ||
(b) in any case where it appears to the Minister that a member referred to in paragraph (a) is temporarily unable to discharge his or her duties, a whole-time member appointed by the Minister, for all or part of that period of inability, to act in that member's place, and | ||
(c) such number of part-time members as the Minister may determine and appoint. | ||
(2) Without prejudice to subsection (1)(b), where it appears to the Minister that the chairperson of the Authority is temporarily unable to discharge his or her duties, the Minister may authorise another whole-time member to act, for all or part of that period of inability, in the chairperson's place and for so long as such a member is so authorised references in this Act to the chairperson of the Authority shall be construed as including references to that member. | ||
(3) Subject to subsection (4), sections 15 and 17 of the Civil Service Commissioners Act, 1956 , shall apply, with any necessary modifications, in relation to appointments of members of the Authority as they apply in relation to appointments to positions in the civil service and, accordingly, the Minister shall not appoint a person to be such a member unless the Civil Service Commissioners, after holding a competition under that section 15, have, under that section 17, selected the person for appointment and advised the Minister accordingly. | ||
(4) Subsection (3) does not apply to an appointment under paragraph (b) or (c) of subsection (1) or the reappointment under that subsection of a person as a member of the Authority (including a person who was such a member immediately before the commencement of this section). | ||
(5) An appointment under paragraph (b) or (c) of subsection (1) shall not be made unless the proposed appointee possesses, in the opinion of the Minister, sufficient expertise in or experience of one or more of the following areas, namely — law, economics, public administration, consumer affairs, or business generally. | ||
(6) The term of office of a member of the Authority shall be fixed by the Minister when appointing him or her and shall not exceed 5 years. | ||
(7) An outgoing member of the Authority shall be eligible for reappointment. | ||
(8) Each member of the Authority shall hold office on such conditions as may be fixed by the Minister after consultation with the Minister for Finance. | ||
(9) A member of the Authority may be paid such remuneration, if any, as the Minister with the consent of the Minister for Finance determines. | ||
(10) Subject to subsection (3), the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office of a member. | ||
(11) If a member of the Authority is personally interested in a particular matter with which the Authority is dealing, he or she shall inform the Minister accordingly and shall not act as a member during the consideration of the matter. | ||
(12) The Minister may remove from office a member of the Authority who has become incapable through ill-health of performing efficiently his or her duties as such member or whose removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the Authority. | ||
(13) Where the Minister removes a member of the Authority from office, he or she shall lay before each House of the Oireachtas a statement in writing of the reasons for such removal. | ||
(14) A member of the Authority may resign his or her office. |