Planning and Development Act 2024
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Chief executive officer | ||
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500. (1) There shall be a chief executive officer of the Commission (in this Part referred to as as the “chief executive officer”) who shall (other than where he or she stands appointed under subsection (4) of section 495 or subsection (10)) be appointed by the Governing Board on such terms and conditions as the Governing Board may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine. | ||
(2) There shall be paid by the Commission to the chief executive officer such remuneration and allowances for expenses as the Governing Board may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine. | ||
(3) The Governing Board shall, as it considers appropriate, for the purpose of filling a vacancy or anticipated vacancy in the office of chief executive officer, 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 under subsection (1). | ||
(4) The Public Appointments Service shall, when requested to do so under subsection (3), hold a selection process and recommend to the Governing Board such person or persons who it is satisfied is or are suitable for appointment as chief executive officer, and provide the Governing Board with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends. | ||
(5) The Governing Board shall, with the consent of the Minister, appoint, from among the persons recommended under subsection (4), a person to be the chief executive officer. | ||
(6) The chief executive officer shall hold office for such period, not exceeding 5 years, from the date of his or her appointment, as the Governing Board shall determine. | ||
(7) A chief executive officer whose term of office expires shall be eligible for reappointment by the Governing Board, provided that he or she is or was, at the time of his or her re-appointment, the outgoing chief executive officer. | ||
(8) A person who is reappointed by the Governing Board in accordance with subsection (7) shall not hold office for periods the aggregate of which exceeds 10 years. | ||
(9) Where the office of the chairperson of An Bord Pleanála is vacant immediately before the date of commencement of section 495 , the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may before that date designate a person to be appointed the first chief executive officer 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. | ||
(10) If, on the date of the commencement of section 495 , a person stands designated by the Minister under subsection (9), he or she shall, on and after that date, stand appointed as the first chief executive officer. | ||
(11) The chief executive officer shall— | ||
(a) in consultation with the Governing Board, carry on and manage, and control generally, the administration and business of the Commission, | ||
(b) advise the Governing Board, and make proposals to it in relation to the performance of the Commission’s functions, (and may, for that purpose, request the Governing Board whether he or she may attend its meetings), and | ||
(c) in consultation with the Governing Board, perform such other functions as may be delegated to him or her by the Governing Board under subsection (8) of section 497 . | ||
(12) The chief executive officer shall take all practical steps to ensure that the organisation and disposition of the staff and resources available to the Commission are such as to support it to perform its functions and, in particular, to support the Planning Commissioners in the determination of an appeal, application, referral or request efficiently and expeditiously. | ||
(13) The chief executive officer shall, on the request of the Governing Board, attend meetings of the Governing Board and give such information to the Governing Board as it may require, and shall be entitled to speak at and advise such meetings, but shall not be entitled to vote at meetings of the Governing Board. | ||
(14) The chief executive officer may resign his or her office by notice in writing addressed to the Governing Board and the resignation shall take effect on and from the expiry of 3 months from the date of the receipt of the notice by the Governing Board, or such earlier date as may be agreed between the chief executive officer and the Governing Board. | ||
(15) The chief executive officer shall vacate his or her office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply. | ||
(16) The chief executive officer may be removed from office by the Governing Board, with the consent of the Minister, for stated reasons. | ||
(17) The chief executive officer shall not hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business, without the consent of the Governing Board. |