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PART 3
Board of Agency
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Membership of Board of Agency
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19. (1) The Agency shall have a Board consisting of a chairperson, a deputy chairperson and 7 ordinary members appointed by the Minister.
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(2) The chairperson, deputy chairperson and members of the Board shall be appointed by the Minister, with the consent of the Minister for Public Expenditure and Reform, from among persons who, in the Minister’s opinion, have experience of, and expertise in—
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(a) matters connected to the functions of the Agency, or
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(b) matters connected to organisational governance, management or public administration.
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(3) The Minister shall designate one member of the Board to be the chairperson.
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(4) The Minister shall designate one member of the Board to be the deputy chairperson.
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(5) Subject to subsections (7) and (8), the Minister, when appointing a member of the Board, shall fix such member’s term of membership of the Board which shall not exceed 5 years.
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(6) The Minister shall, to the extent practicable, endeavour to ensure that there is an equitable balance between men and women in the membership of the Board.
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(7) The persons who are first appointed by the Minister to be ordinary members of the Board shall hold office as follows—
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(a) 4 members for a term of office of 3 years, and
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(b) 3 members for a term of office of 4 years.
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(8) A member of the Board, appointed under subsection (2), whose term of office expires or is about to expire by the effluxion of time is eligible for reappointment to the Board, but may not serve on the Board for more than 2 consecutive terms.
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(9) A member may resign from office by letter sent to the Minister and the resignation shall take effect on the later of—
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(a) the date specified in the letter, or
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(b) the date of receipt of the letter by the Minister.
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(10) (a) Where a matter is to be decided by the Board at a meeting, any member of the Board present at the meeting who has an interest in the matter, otherwise than as such a member, shall—
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(i) at the meeting, in advance of any consideration of the matter, disclose to the Board the fact of the interest and the nature of the interest,
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(ii) neither influence nor seek to influence a decision relating to the matter,
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(iii) absent himself or herself from any meeting or that part of the meeting during which the matter is discussed,
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(iv) take no part in any deliberation of the Board or committee relating to the matter, and
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(v) not vote on a decision relating to the matter.
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(b) Where a member discloses an interest in a matter under this subsection—
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(i) the disclosure shall be recorded in the minutes of the meeting, and
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(ii) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Board or committee otherwise determines.
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(c) Where, at a meeting of the Board or a committee of the Board, a question arises as to whether or not a course of conduct, if pursued by a member of the Board or committee of the Board, as the case may be, would be a failure by the member to comply with the requirements of paragraph (a)—
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(i) the question may be determined by the chairperson of the Board or of the committee of the Board, as the case may be, whose decision shall be final, and
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(ii) if the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting concerned.
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(d) If satisfied that a member of the Board or a committee of the Board has contravened paragraph (a), the Minister may, if he or she thinks fit, remove that member from office or take any other action that the Minister considers appropriate.
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(e) A person who is removed from office under paragraph (d) is disqualified from membership of the Board or of a committee of the Board.
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(11) The Minister shall, as soon as practicable after an appointment to the Board, publish in Iris Oifigiúil notice of the name of the person so appointed.
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(12) A member of the Board shall, not later than 3 months after his or her appointment, furnish to the Minister a tax clearance certificate.
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