46Termination of appointment

46 Termination of appointment

(1) The Minister may, on the recommendation of the Board, terminate the Managing Director’s appointment for misbehaviour or physical or mental incapacity. (2) The Minister may, on the recommendation of the Board, terminate the Managing Director’s appointment if the Managing Director: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (b) fails, without reasonable excuse, to comply with an obligation imposed by subsection 22(3); or (c) fails, without reasonable excuse, to comply with section 43; or (d) is absent from duty, except on leave of absence granted by the Board, for 14 consecutive days or for 28 days in any 12 months.

Note: The appointment of the Managing Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

(3) The Minister must terminate the appointment of the Managing Director if the Minister is of the opinion that the performance of the Managing Director has been unsatisfactory for a significant period of time.