Court Proceedings (Delays) Act 2024
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Resignation, removal, disqualification, ineligibility for office of Assessor | ||
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7. (1) An Assessor may at any time resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on such date as may be specified in the notice. | ||
(2) The Minister may at any time remove an Assessor from office for stated reasons if the Minister is satisfied that the Assessor— | ||
(a) has become incapable through ill-health of performing his or her functions, | ||
(b) has committed stated misbehaviour, or | ||
(c) is otherwise unfit to hold office or unable to discharge the functions of the office. | ||
(3) An Assessor shall cease to be qualified for office as an Assessor and shall cease to hold such office if— | ||
(a) he or she is convicted on indictment of an offence, | ||
(b) he or she is convicted of an offence involving fraud or dishonesty, | ||
(c) he or she is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) in the case of a person who was, at the date of his or her appointment as an Assessor, a practising barrister, his or her name is removed from the roll of practising barristers (within the meaning of section 2(1) of the Act of 2015), or | ||
(e) in the case of a person who was, at the date of his or her appointment as an Assessor, a practising solicitor, his or her name is struck off the roll of solicitors (within the meaning of section 9 of the Solicitors Act 1954 ). | ||
(4) Where an Assessor 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 be a member of the European Parliament, | ||
(d) elected or co-opted as a member of a local authority, or | ||
(e) appointed to be a judge, | ||
he or she shall thereupon cease to hold office as an Assessor. | ||
(5) A person who is for the time being— | ||
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein, | ||
(b) a member of the European Parliament, or | ||
(c) entitled under the standing orders of a local authority to sit as a member thereof, | ||
shall, while he or she is so entitled or is such a member, as the case may be, be disqualified for office as an Assessor. | ||
(6) (a) Where an Assessor dies, resigns, ceases to be qualified for office, ceases to hold office or is removed from office, the Minister may appoint, in the same manner as the Assessor who occasioned the casual vacancy was appointed, a person to be an Assessor to fill the casual vacancy so occasioned. | ||
(b) A person appointed to be an Assessor pursuant to paragraph (a) shall hold office for that period of the term of office of the Assessor who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall be eligible for reappointment as an Assessor on the expiry of the said period. |