11Board

11 Board

(1)  A Government Business Enterprise specified in Part 1 of Schedule 1 has a Board of Directors consisting of –

(a) the chairperson of the Board; and

(b) not less than 3 and not more than 8 other persons.

(2)  [Section 11 Subsection (2) amended by No. 42 of 2002, s. 8, Applied:27 Nov 2002] The chairperson and the directors referred to in subsection (1) (b) are appointed by the Governor on the joint recommendation of the Treasurer and Portfolio Minister.

(3)  [Section 11 Subsection (3) substituted by No. 42 of 2002, s. 8, Applied:27 Nov 2002] The Treasurer and Portfolio Minister must not make a recommendation under subsection (2) unless –

(a) they have considered any recommendations made by the Board of the Government Business Enterprise under subsection (3A) ; and

(b) they are satisfied that the person recommended has the experience and skills necessary to enable the Government Business Enterprise to achieve its objectives.

(3A)  [Section 11 Subsection (3A) inserted by No. 42 of 2002, s. 8, Applied:27 Nov 2002] The Board may provide the Treasurer and Portfolio Minister with its recommendations, in writing, in respect of the appointment of a chairperson or another director.

(4)  Schedule 5 has effect with respect to the directors (including the chairperson) appointed under subsection (2) .

(5)  The Board of a Government Business Enterprise specified in Part 2 of Schedule 1 is the members of the Government Business Enterprise, or its governing authority, as appointed or constituted under the Portfolio Act.

(6)  A person may not hold the office of chief executive officer in any Government Business Enterprise in conjunction with the office of chairperson.