Maritime Area Planning Act 2021
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Removal of member of Board (M) | ||
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49. (1) The Minister may at any time remove from office a member of the Board (M) if, in the Minister’s opinion— | ||
(a) the member has become incapable through ill-health of performing his or her functions, | ||
(b) the member has committed stated misbehaviour, | ||
(c) the member’s removal is necessary for the effective and efficient performance by the Board (M) of its functions, | ||
(d) the member has contravened an applicable provision of the Ethics in Public Office Act 1995 , or | ||
(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10 (3) of the Standards in Public Office Act 2001 and that relates to the member. | ||
(2) If a member of the Board (M) is removed from office in accordance with subsection (1), the Minister shall give the member a statement in writing of the reasons for the removal. | ||
(3) The Minister shall remove from office a member of the Board (M) if such removal is necessary in order to ensure that section 45 (2)(c) continues to be complied with. | ||
(4) A member of the Board (M) shall cease to be qualified for office and shall cease to hold office if he or she— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) is convicted of any indictable offence, | ||
(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, | ||
(f) is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014, or | ||
(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or any other jurisdiction. | ||
(5) A member who does not, for a consecutive period of six months, attend a meeting of the Board (M) ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure was due to ill-health. | ||
(6) In this section, “applicable provision of the Ethics in Public Office Act 1995 ”, in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member. |