37Termination of appointment of CEO

#### 37 Termination of appointment of CEO (1) The Board may terminate the appointment of the CEO: (a) for misbehaviour; or (b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity. (c) if the Board is satisfied that the CEO’s performance has been unsatisfactory. (2) The Board may terminate the appointment of the CEO if the CEO: (a) becomes bankrupt; or (b) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with one or more of his or her creditors; or (d) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors. (3) If the CEO is appointed on a full‑time basis, the Board may terminate the appointment if: (a) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (b) the CEO engages, without the Chair’s approval, in work (whether paid or unpaid) outside the duties of his or her office (see subsection 34(1)). (4) If the CEO is appointed on a part‑time basis, the Board may terminate the appointment if the CEO engages in work (whether paid or unpaid) that conflicts or could conflict with the proper performance of his or her duties (see subsection 34(2)). (5) The Board may terminate the appointment of the CEO if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.