23BAppointment of Administrator

23B Appointment of Administrator

(1) In this section—

S. 23B(1) def. of relevant grounds amended by No. 33/2013 s. 18(1).

relevant grounds means any one or more of the following—

(a) that the committee of management of a Trust has—

(i) failed to take the action specified in a notice served under section 23A within the period of time specified in the notice; and

(ii) failed to provide an explanation that is to the reasonable satisfaction of the Minister for its failure to take the action specified in a notice served under section 23A within the period of time specified in the notice;

(b) that the members of the committee of management of a Trust have acted in the affairs of the Trust in their own interests rather than in the interests of the members of the Trust;

(c) that the appointment of an Administrator is required in the interests of the members of a Trust or the residents of a reserve.

S. 23B(2) amended by No. 33/2013 s. 18(2).

(2) If the Minister considers that there may be relevant grounds for appointing an Administrator of a Trust, the Minister may serve on the Chairperson of the Trust, a notice in writing—

(a) calling on the Trust to show cause, within a reasonable period specified in the notice, why an Administrator should not be appointed; and

(b) setting out the grounds on which the Minister relies for the service of the notice.

(3) The grounds set out in the notice must be relevant grounds.

S. 23B(4) amended by No. 33/2013 s. 18(3).

(4) The Trust may make representations to the Minister in respect of the relevant grounds set out in the notice within the period specified in the notice.

(5) If the Minister considers it appropriate to do so, the Minister may, within the period specified in the notice—

S. 23B(5)(a) amended by No. 33/2013 s. 18(4).

(a) inform the residents of the relevant reserve of the service of a notice under this section and the relevant grounds set out in the notice; and

(b) ask for submissions from the residents in respect of those grounds.

S. 23B(6) substituted by No. 33/2013 s. 19.

(6) After the period specified in the notice, and having considered any representations made by the Trust and submissions (if any) of the residents of the reserve, the Minister may appoint a person or board of persons as Administrator.

S. 23C (Heading) substituted by No. 33/2013 s. 20(1).

S. 23C inserted by No. 58/2004 s. 7.