5Term of office and removal of members of the Board

5 Term of office and removal of members of the Board

[Section 5 Subsection (7) amended by No. 25 of 1994, s. 45 and Sched. 3 ]

(1)  Subject to this section a member of the Board, unless he sooner resigns or is removed from office or otherwise ceases to hold office, continues in office for a period of three years from the date on which he was last appointed a member of the Board.

(2)  Where a member of the Board dies or ceases to hold office otherwise than by reason of the effluxion of time, the member appointed to fill the vacancy ceases to hold office at the expiration of the unexpired term of office of the member in whose place he is appointed.

(3)  The Minister may remove from office any member of the Board who, he is satisfied –

(a) has become permanently incapable of carrying out the duties of his office;

(b) has misconducted himself in the performance of the duties of his office;

(c) has, without leave of the Board, been absent from three or more consecutive meetings of the Board;

(d) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or

(e) has been convicted (whether in this State or elsewhere) of an offence of such nature that, in the opinion of the Minister, renders it improper for him to continue to hold office as a member of the Board.

(4)  Without prejudice to the generality of the provisions of paragraph (b) of subsection (3) of this section, a member of the Board shall be deemed to have misconducted himself in the performance of the duties of his office if –

(a) he votes on any matter before the Board in which he has a direct pecuniary interest; or

(b) he takes part in, or is present at, the discussion of any such matter before the Board without disclosing his pecuniary interest to the members of the Board present.

(5)  [Section 5 Subsection (5) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] In the case of a member of the Board who has a spouse or who is in a personal relationship, within the meaning of the , a pecuniary interest of the spouse or the other party to the personal relationship is taken for the purposes of this section to be a pecuniary interest of the member if the interest is known to that member.