Civil Defence Act, 2002
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SCHEDULE 2 The Board | ||
1. In this Schedule, except where the context otherwise requires, “member” means a member of the Board, including the chairperson. | ||
2. (1) The Board shall, as soon as practicable after its establishment, provide itself with and retain in its possession, a seal. | ||
(2) The seal of the Board shall be authenticated by the signature of— | ||
(a) the chairperson or other member authorised by the Board to act in that behalf, and | ||
(b) an officer of the Board designated for that purpose by the Board. | ||
3. Judicial notice shall be taken of the seal of the Board and an instrument purporting to be an instrument made by the Board and to be sealed with its seal (purporting to be authenticated in accordance with paragraph 2(2)(b)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown. | ||
4. Subject to paragraph 10, the Minister, when appointing members under section 11 (other than the chairperson) shall specify each member's term of office which shall not exceed 3 years and, subject to this Schedule, membership shall be on the terms that the Minister may determine. | ||
5. A member whose term of office expires or is about to expire with the passage of time is eligible for re-appointment to the Board at the Minister's discretion. | ||
6. A member (other than the chairperson) may resign by letter sent to the Minister and the resignation shall take effect from the date specified in the letter or on receipt of the letter by the Minister, whichever is the later. | ||
7. A member may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions. | ||
8. A member shall cease to be and shall be disqualified from being a member where the member— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or | ||
(d) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001). | ||
9. Subject to this Act, a member shall hold office on the terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) that may be determined by the Minister, with the consent of the Minister for Finance. | ||
10. (1) If a member dies, resigns, becomes disqualified or is removed from office, or for any other reason (other than paragraph 4 or 5) ceases to be a member, the Minister may appoint a person to be a member to fill the casual vacancy so occasioned and the person appointed shall be appointed in the same manner as the member who occasioned the casual vacancy. | ||
(2) A person appointed to be a member under this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy. | ||
11. The Board shall hold such and so many meetings as may be necessary for performing its functions but in any case shall meet not less than once in every 3 months. | ||
12. The first meeting of the Board shall be held within one month after the establishment day. | ||
13. At a meeting of the Board— | ||
(a) the chairperson shall, if present, be the chairperson of the meeting, or | ||
(b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting. | ||
14. Every question that is to be decided at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote. | ||
15. Subject to paragraph 16, the Board may act notwithstanding one or more than one vacancy among its membership or any deficiency in the appointment of a member that may subsequently be discovered. | ||
16. The quorum for a meeting of the Board shall be 5 or such greater number of members as the Board may from time to time determine. | ||
17. Subject to this Act, the Board shall regulate its procedure by rules or otherwise. |