Credit Union Act 1997

76N

F153 [ Election of board oversight committee, etc.

76N. (1) The board oversight committee of a credit union shall be elected

( a ) where the organisation meeting occurs after the commencement of this provision, by secret ballot at the organisation meeting and, subject to section 76R(4) , subsequent vacancies on the board oversight committee shall be filled by secret ballot at an annual general meeting,

( b ) in any other case, by secret ballot at the annual general meeting first occurring after the commencement of this provision or, if earlier than that annual general meeting, at a special general meeting called for the purpose of such ballot and, subject to section 76R(4) , subsequent vacancies on the board oversight committee shall be filled by secret ballot at an annual general meeting.

(2) If a casual vacancy arises in the membership of a board oversight committee, then

( a ) within one month of the vacancy arising, the Committee shall appoint a person (who may, if the Committee thinks fit, be a former member of the Committee) other than a person to whom subsection (4) , (5) or (6) relates to fill the vacancy, and

( b ) the person so appointed shall hold office until the next general meeting at which an election is held for members of the board oversight committee.

(3) Where the secretary of the board oversight committee becomes aware that all the members of the committee intend to resign on the same date, the secretary shall give written notice of their intention to the Bank and the board of directors of the credit union.

(4) A credit union shall not elect under subsection (1) any of the following persons to be a member of its board oversight committee:

( a ) an employee or voluntary assistant of the credit union or an employee of any other credit union;

( b ) a member of the board oversight committee of any other credit union;

( c ) an employee of a representative body of which the credit union is a member, where that employee s role could expose them to a potential conflict of interest;

( d ) a public servant (within the meaning of the Financial Emergency Measures in the Public Interest Act 2009 ) assigned to the Department of Finance and involved in advising the Minister on credit union issues or in the examination of credit union issues;

( e ) a member of the Commission of the Bank;

( f ) an officer (within the meaning of section 2 of the Central Bank Act 1942 ) or other employee of the Bank and involved in the regulation of credit unions;

( g ) Financial Services Ombudsman (within the meaning of section 2 of the Central Bank Act 1942 ) or a Bureau staff member (within the meaning of section 57BA of that Act);

( h ) a member of the Irish Financial Services Appeals Tribunal or a member of its staff (including the Registrar);

( i ) the chief executive of the National Consumer Agency, an authorised officer of that Agency (within the meaning of section 2 of the Consumer Protection Act 2007 ) or any other member of its staff;

( j ) the auditor of the credit union or a person employed or engaged by that auditor;

( k ) a solicitor or other professional adviser who has been engaged by or on behalf of the credit union within the previous 3 years;

( l ) a person who is a spouse or civil partner, cohabitant, parent or child, of a director, board oversight committee member or employee of that credit union;

( m ) a body corporate;

( n ) a person who is not of full age;

( o ) a director of the credit union.

(5) A person shall resign from being a member of the board oversight committee of a credit union if and when he or she becomes a person to whom any of the provisions of subsection (4) relates.

(6) A board oversight committee member may not be appointed or reappointed to the board oversight committee if he or she has served for more than 12 years in the previous 15 years whether on the board of directors or the board oversight committee.

(7) The board oversight committee shall appoint one of their number as secretary of the committee. ]

Annotations:

Amendments:

F153

Inserted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 27(1), S.I. No. 393 of 2013.

Modifications (not altering text):

C9

Reference to “Financial Services Ombudsman” in subs. (4)(g) construed (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 29(3), S.I. No. 524 of 2017.

References in enactments

29. ...

(3) References to the Financial Services Ombudsman, the Deputy Financial Services Ombudsman or the Pensions Ombudsman in any enactment (other than this Act) or any instrument made under such an enactment shall, on and after the establishment day, be construed as references to the Ombudsman.

C10

References to “National Consumer Agency” and “chief executive of the National Consumer Agency” construed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 39(2), S.I. No. 367 of 2014.

Transfer of functions to Commission

39. ...

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or ...

shall, on and after that day, be construed as references to the Commission.

(3) A reference in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to the chief executive of the National Consumer Agency shall, on and after that day, be construed as a reference to the chairperson of the Commission.

(4) This section shall come into operation on the establishment day.