Fisheries (Amendment) Act 1997

Membership of Board.

23

23. (1) The Board shall consist of a Chairperson and six other members.

F9 [ (1A) A person who is, for the time being

( a ) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

( b ) a member of the European Parliament, or

( c ) a member of a local authority,

shall be disqualified from being appointed as the Chairperson or member of the Board. ]

(2) The Chairperson shall be appointed by the Government.

(3) The Minister shall prescribe not less than two organisations which, in the Minister’s opinion, are representative of each of the following classes of organisation:

( a) organisations which, in the Minister’s opinion, are concerned with the promotion of the development of aquaculture or are representative of persons carrying on the business of developing aquaculture;

( b) organisations which, in the Minister’s opinion, are concerned with the conservation, development and protection of wild fisheries;

( c) organisations which, in the Minister’s opinion, are representative of persons whose professions or occupations relate to physical planning and development;

( d) organisations which, in the Minister’s opinion, are representative of persons concerned with the protection and preservation of the environment and amenities;

( e) organisations which, in the Minister’s opinion, are concerned with the promotion of general economic development; and

( f) organisations which, in the Minister’s opinion, are concerned with the promotion of community development.

(4) Subject to subsection (5), the Minister shall appoint as members of the Board from amongst those persons nominated by each of the classes of organisations prescribed under subsection (3) one member to represent each class of organisation, or in default of such nominations after the Minister has given each a reasonable opportunity to do so, then from among such persons as the Minister thinks fit.

(5) Where because of the illness of the Chairperson or of any other member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board to perform its functions effectively, the Minister may appoint a person who, in the Minister's opinion, has the appropriate knowledge or experience in matters relevant to the functions of the Board to act as a member of the Board in place of an absent member during the absence.

(6) An organisation prescribed under subsection (3) shall, whenever so requested by the Minister, select such number of candidates (not being less than two), as the Minister may specify for appointment as members of the Board and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(7) Subject to subsection (5) and except in the case of a reappointment under section 24 (1) ( b), the Minister shall not appoint a person to be a member unless the person was amongst those selected pursuant to a request under subsection (6) in relation to that appointment, but—

(a) if all of the appropriate organisations refuse or fail to select any candidate, or

( b) if the Minister decides not to appoint as a member any of the candidates selected by such organisations,

pursuant to a particular request under subsection (6), then either—

(i) the Minister shall appoint as a member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) the Minister shall make a further such request and shall appoint as a member a person who was amongst those selected pursuant to that request made in relation to the appointment.

(8) Where a request is made under subsection (6) or ( 7)( ii), failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by the organisation or by any other organisation.

Annotations:

Amendments:

F9

Inserted (27.11.2001) by Fisheries (Amendment) Act 2001 (40/2001), s. 3, commenced on enactment.

Editorial Notes:

E21

Power pursuant to subs. (3) exercised (14.12.2017) by Fisheries (Amendment) Act 1997 (Prescribed Organisations For Aquaculture Licences Appeals Board) Regulations 2017 (S.I. No. 588 of 2017).

E22

Previous affecting provision: power pursuant to subs. (3) exercised (1.12.2011) by Fisheries (Amendment) Act 1997 (Prescribed Organisations for the Aquaculture Licences Appeals Board) Regulations 2011 (S.I. No. 621 of 2011); revoked (14.12.2017) by Fisheries (Amendment) Act 1997 (Prescribed Organisations For Aquaculture Licences Appeals Board) Regulations 2017 (S.I. No. 588 of 2017), reg. 3.

E23

Previous affecting provision: power pursuant to subs. (3) exercised (31.03.1998) by Fisheries (Amendment) Act, 1997 (Section 23) Regulations 1998 (S.I. No. 84 of 1998); revoked (1.12.2011) by Fisheries (Amendment) Act 1997 (Prescribed Organisations for the Aquaculture Licences Appeals Board) Regulations 2011 (S.I. No. 621 of 2011), reg. 3.