Personal Injuries Assessment Board Act 2003

Supplemental provisions as to membership of Board.

57

57.—(1) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.

(2) A member of the Board may, at any time, be removed from membership of the Board by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(3) A person shall cease to be, and shall be disqualified from being, a member of that Board where he or she—

( a) is adjudicated bankrupt,

( b) makes a composition or arrangement with creditors,

( c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

( d) is disqualified or restricted from being a director of any company.

(4) If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the casual vacancy so caused.

(5) A person appointed to be a member of the Board pursuant to subsection (4) shall, subject to subsections (1), (2) and (3), hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment.

(6) F28 [ Subject to subsection (7) , a member of the Board ] whose term of membership of the Board expires shall be eligible for re-appointment as a member of the Board.

F29 [ (7) A person who is re-appointed to the Board in accordance with subsection (6) shall not hold office for periods the aggregate of which exceeds 10 years.

(8) Where a member of the Board is

(a) nominated as a member of Seanad É ireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Board.

(9) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board. ]