Planning and Development Act 2024
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Appointment and terms and conditions of members of Governing Board | ||
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498. (1) The Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint the members (including a chairperson) of the Governing Board. | ||
(2) The Minister shall, as he or she considers necessary, request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person or persons who it is satisfied is or are suitable for appointment to be a member of the Governing Board. | ||
(3) The Public Appointments Service shall, when requested to do so under subsection (2), hold a selection process and recommend to the Minister such person or persons who it is satisfied is or are suitable for appointment and provide the Minister with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends. | ||
(4) The Minister shall ensure that each of the members of the Governing Board is a person who, in the opinion of the Minister, has sufficient experience of legal, corporate governance or management matters, or other relevant expertise, to enable that person to perform effectively his or her functions as a member of the Governing Board. | ||
(5) The Minister may, prior to the date of the commencement of section 495 , designate persons to be the first members of the Governing Board and, from among those persons so designated, one of their number to be the first chairperson. | ||
(6) If, immediately before the date of the commencement of section 495 , a person stands designated under subsection (5), the person shall, on that day, stand appointed as a member of the Governing Board or as both such member and the chairperson, as the case may be. | ||
(7) A Planning Commissioner shall not be appointed to the Governing Board. | ||
(8) A member of the Governing Board shall hold office for a term of 5 years from the date of his or her appointment. | ||
(9) A member of the Governing Board whose term of office expires shall be eligible for reappointment to the Governing Board. | ||
(10) A person who is reappointed to be a member of the Governing Board shall not hold office for periods the aggregate of which exceeds 10 years. | ||
(11) A member of the Governing Board shall hold office on such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine. | ||
(12) There shall be paid by the Commission to each member of the Governing Board such remuneration and allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine. | ||
(13) A member of the Governing Board may resign his or her office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice. | ||
(14) A member of the Governing Board shall be ineligible to be a member, and cease to be a member, where he or she— | ||
(a) subject to subsection (15), is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with his or her creditors, | ||
(c) is convicted of an indictable offence in relation to a company or other body corporate, | ||
(d) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, | ||
(e) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(f) has a declaration under section 819 of the Companies Act 2014 made against him or her, or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or | ||
(g) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act. | ||
(15) A person shall be ineligible for appointment as a member of the Governing Board under paragraph (a) of subsection (14) only for so long as the bankruptcy is not discharged or annulled. | ||
(16) A member of the Governing Board may be removed from office by the Minister if— | ||
(a) he or she has become incapable through ill-health of effectively performing his or her functions, | ||
(b) he or she has committed stated misbehaviour, or | ||
(c) his or her removal appears to the Minister to be necessary for the effective performance by the Governing Board of its functions. |