Aviation Regulation Act 2001

Members of Commission.

11

11.—(1) The Commission shall consist of at least one but not more than 3 members, each of whom shall be appointed by the Minister on such terms and conditions of appointment, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 and not more than 5 years.

(2) Each member of the Commission shall be known as a commissioner for Aviation Regulation and is in this Act referred to as a “commissioner”.

(3) Where there is more than one commissioner, the Minister shall appoint one of them to be chairperson of the Commission on such terms and conditions of appointment, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 and not more than 5 years.

(4) A person shall not be appointed as a commissioner F9 [ unless the Public Appointments Service or other licence holder concerned under the Public Service Management (Recruitment and Appointments) Act 2004 ], after holding a competition, have selected him or her for appointment as a commissioner.

(5) A commissioner, including the chairperson, whose term of office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving no more than 10 years on the Commission.

(6) A commissioner shall not be entitled to serve more than 2 terms of office.

(7) A commissioner may—

( a) at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later, and

( b) be removed from office by the Minister if, in his or her opinion, the member has become incapable through ill-health of effectively performing his or her duties or for stated misbehaviour and the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for such removal.

(8) Where the chairperson of the Commission ceases to be a commissioner he or she shall also thereupon cease to be chairperson of the Commission.

(9) The chairperson of the Commission may at any time resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(10) The Commission may act notwithstanding a vacancy in its membership.

(11) A commissioner shall not hold any other office or employment in respect of which emoluments are payable.

(12) A commissioner shall not, for a period of 12 months following his or her resignation, removal or retirement from the office of commissioner, hold any office or employment or act as a consultant where he or she may be likely to use or disclose information acquired by him or her in the exercise of the functions of the Commission.

(13) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any commissioner arising from a failure to perform or to comply with any of the functions conferred on the Commission by this Act.

Annotations:

Amendments:

F9

Substituted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61 and sch. 2, commenced on enactment, as amended (24.12.2013) by Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (47/2013), s. 8, commenced on enactment.

Modifications (not altering text):

C5

C5

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 1 of 2001

Aviation Regulation Act 2001

Sections 11, 17, 20, 22, 24, 26 and 29

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