Higher Education Authority Act 2022
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PART 9 Appeals | ||
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Appeals board | ||
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69. (1) The Minister shall, within 28 days or such other period as may be prescribed after the receipt of a notice of appeal under section 42 (6), 54 (12), 59 (13) or 65 (4), establish an appeals board (in this Act referred to as an “appeals board”) comprised of 3 members, one of whom shall be its chairperson along with 2 ordinary members, for the purposes of determining the appeal. | ||
(2) Subject to subsection (9), the Minister shall appoint— | ||
(a) two persons having a special interest in or expertise in, or knowledge of, matters relating to higher education or the functions of An tÚdarás (other than members of the Board or members of the staff of An tÚdarás or officers of the Minister), and | ||
(b) one person who is a practising solicitor, or a practising barrister, having not less than 10 years’ experience as such (other than a solicitor or barrister in the full-time service of the State), | ||
as the members of an appeals board. | ||
(3) The Minister shall appoint a chairperson of an appeals board from among the members of the appeals board. | ||
(4) A member of an appeals board is entitled to be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines. | ||
(5) The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines necessary to enable the board to perform its functions. | ||
(6) A member of an appeals board may at any time resign as such a member by giving notice in writing to the Minister of his or her resignation. | ||
(7) A resignation under subsection (6) shall take effect on the day on which the Minister receives the notice. | ||
(8) The Minister may at any time remove a member of an appeals board if, in the opinion of the Minister— | ||
(a) the member has become incapable through ill-health of effectively performing his or her functions, | ||
(b) the member has committed stated misbehaviour, or | ||
(c) the removal of the member appears to the Minister to be necessary for the effective performance by the appeals board of its functions. | ||
(9) A person shall not be appointed to be a member of an appeals board, and he or she shall cease to be a member of an appeals board, 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 in relation to a company, | ||
(e) is convicted of an offence involving fraud or dishonesty, or | ||
(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 . |