Planning and Development Act 2024
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Appointment of Planning Regulator | ||
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540. (1) Subject to this section, the Planning Regulator shall be appointed by the Minister and shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Minister may determine with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. | ||
(2) Subject to subsection (3), a person shall not be appointed as the Planning Regulator unless— | ||
(a) a competition has been held for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 and the Public Appointments Service has recommended the person for nomination for appointment as the Planning Regulator, and | ||
(b) the Government has approved the appointment. | ||
(3) Paragraph (a) of subsection (2) shall not apply to a person who would, if appointed, be serving a second consecutive term as the Planning Regulator. | ||
(4) In carrying out the competition referred to in paragraph (a) of subsection (2), the Public Appointments Service shall appoint a selection panel to assist it. | ||
(5) The Public Appointments Service shall ensure that a person is recommended under paragraph (a) of subsection (2) for appointment only if it is satisfied that the person has the qualifications, experience and skills to perform effectively the functions of the Planning Regulator. | ||
(6) The Planning Regulator shall— | ||
(a) be appointed in a full-time capacity, | ||
(b) be appointed for a term of office of 5 years or such shorter period where subsection (8) applies, and | ||
(c) not, at any time while holding office, hold any other office or employment in respect of which emoluments are made. | ||
(7) A person shall not be appointed for a term of office as Planning Regulator more than twice, subject to any provision provided for by law relating to retirement that would apply to the person. | ||
(8) Where a person appointed as Planning Regulator would, within 5 years from the date of appointment, attain the age of 70 years and he or she is neither— | ||
(a) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed having been previously appointed to a position in the public service (within that meaning) on or after 1 April 2004, nor | ||
(b) a Scheme member within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , | ||
then his or her term of office as Planning Regulator shall be such that the term ceases upon his or her attaining the age of 70 years. | ||
(9) As soon as practical after the appointment of a person as the Planning Regulator, the Minister shall cause a notice of the appointment to be published in Iris Oifigiúil. |