Planning and Development Act 2024
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Terms and conditions of Planning Commissioners | ||
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510. (1) A Planning Commissioner shall not at any time during his or her term of office hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business, which would, in the opinion of the chief executive officer, cause a conflict of interest to arise with his or her position as a Planning Commissioner. | ||
(2) Subject to subsection (3) of section 509 , a Planning Commissioner shall hold office for a period, determined by the Governing Board, not exceeding 5 years from the date of the Planning Commissioner’s appointment. | ||
(3) A Planning Commissioner whose term of office expires shall be eligible for reappointment provided that he or she is or was, at the time of his or her re appointment, an outgoing Planning Commissioner. | ||
(4) A person who is reappointed as a Planning Commissioner, shall not hold office as a Planning Commissioner for periods the aggregate of which exceeds 10 years. | ||
(5) A Planning Commissioner shall hold office 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. | ||
(6) There shall be paid by the Commission to each Planning Commissioner 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. | ||
(7) A Planning Commissioner 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 Planning Commissioner and the Governing Board. | ||
(8) A Planning Commissioner 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. | ||
(9) A person shall be ineligible for appointment as a Planning Commissioner, and cease to be a Planning Commissioner if he or she— | ||
(a) subject to subsection (10), 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 under section 523 or 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. | ||
(10) A person shall be ineligible for appointment as a Planning Commissioner under paragraph (a) of subsection (9) only for so long as the bankruptcy is not discharged or annulled. | ||
(11) A Planning Commissioner may be removed from office, or suspended, by the Minister, on the recommendation of the Governing Board, following consultation with the chief executive officer or Chief Planning Commissioner (or the Deputy Chief Planning Commissioner if the Planning Commissioner in question is the Chief Planning Commissioner) if— | ||
(a) he or she has become incapable through ill-health or otherwise of effectively performing his or her functions, | ||
(b) he or she has committed stated misbehaviour, or | ||
(c) he or she has failed to comply with the code of conduct to the extent that it applies to him or her. |