Automatic Enrolment Retirement Savings System Act 2024
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Removal of member of Board | ||
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16. (1) The Minister may, on the recommendation of the Board or of the Pensions Authority, remove a member of the Board from office if he or she is satisfied that— | ||
(a) the member has, without reasonable excuse, failed to discharge the functions of the office, | ||
(b) the member has become incapable through ill-health or otherwise of performing the functions of the office, | ||
(c) the member has committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in section 15 as a result of which the member is required to cease to hold office in accordance with that provision), | ||
(d) the member’s removal is necessary for the effective and efficient performance by the Board of the functions of the Authority or of the Board, or | ||
(e) the member has, in the view of the Board or of the Pensions Authority, a conflict of interest of such significance that the member should cease to hold office. | ||
(2) Where the Minister proposes to remove a member from office under subsection (1), the Minister shall give notice in writing to the member of that proposal. | ||
(3) A notice under subsection (2) shall contain a statement informing the member— | ||
(a) of the reasons for the proposed removal, | ||
(b) that the member may make representations to the Minister in such form and manner as may be specified, | ||
(c) that any such representations must be made within a period of 20 working days from the date of the giving of the notice, or such longer period as the Minister may, having regard to the requirements of natural justice, specify in the notice, and | ||
(d) that at the end of the period specified in paragraph (c) or in the notice, whether or not any representations are made, the Minister shall decide whether to remove the member from office. | ||
(4) In considering whether to remove a member from office under subsection (1), the Minister shall take into account— | ||
(a) any representations made by the member in accordance with paragraph (b) and (c) of subsection (3), and | ||
(b) any other matter the Minister considers relevant. | ||
(5) Where, after giving notice under subsection (2), the Minister decides not to remove the member from office, the Minister shall notify the member in writing of the decision. | ||
(6) Where, after giving notice under subsection (2), the Minister decides to remove a member from office, the Minister shall— | ||
(a) notify the member in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notice under this paragraph), | ||
(b) lay before each House of the Oireachtas a statement in writing of the decision and the reasons for it, | ||
(c) provide a statement in writing of the decision and the reasons for it to the Oireachtas Committee to which the Oireachtas has assigned the role of examining matters relating to the automatic enrolment retirement savings system, and | ||
(d) provide a copy of that statement to the member. |