Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021
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Appeal Tribunal | ||
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24. The Act of 2010 is amended— | ||
(a) by the repeal of section 101, and | ||
(b) by the insertion of the following section after section 101: | ||
“101A. (1) On the commencement of section 24 of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 there shall stand established a tribunal which shall be known as the Appeal Tribunal to consider and determine appeals made pursuant to this Act. | ||
(2) The Appeal Tribunal shall be independent in the exercise of its functions under this Act and shall regulate its own procedures. | ||
(3) The Appeal Tribunal may sit in divisions of itself to consider appeals. | ||
(4) The Appeal Tribunal shall consist of a chairperson and such number of ordinary members as the Minister considers necessary from time to time for the efficient discharge of its functions. | ||
(5) The chairperson and the ordinary members of the Appeal Tribunal shall be appointed by the Minister and the appointment shall be subject to such terms and conditions, including terms and conditions relating to remuneration, as the Minister may determine with the consent of the Minister for Public Expenditure and Reform. | ||
(6) Each member of the Appeal Tribunal shall be a practising barrister or solicitor of not less than 10 years’ practice. | ||
(7) The term of office of a member of the Appeal Tribunal shall be 5 years and a member of the Appeal Tribunal shall be eligible for re-appointment as such member for a second term not exceeding 5 years. | ||
(8) A member of the Appeal Tribunal may at any time resign his or her office as such member by giving notice in writing to the Minister and the resignation shall take effect on and from the date of receipt of the notice. | ||
(9) A member of the Appeal Tribunal may be removed from office by the Minister for stated misbehaviour or if, in the opinion of the Minister, the member has become incapable through ill-health or otherwise of effectively performing the functions of the Appeal Tribunal. | ||
(10) If a member of the Appeal Tribunal dies, resigns, becomes disqualified or is removed from office, the Minister may appoint another person to be a member of the Appeal Tribunal to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Appeal Tribunal who occasioned the vacancy and shall hold office for the remainder of the term of office for which his or her predecessor was appointed. | ||
(11) Where a member of the Appeal Tribunal is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) regarded pursuant to Part XIII of the second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, | ||
(d) elected or co-opted as a member of a local authority, | ||
(e) appointed to judicial office, or | ||
(f) appointed Attorney General, | ||
he or she shall thereupon cease to be a member of the Tribunal.”. |