Private Security Services Act 2004

Membership.

7

7.—(1) ( a) The Authority shall consist of not more than 11 members.

 ( b) Notwithstanding paragraph (a), until the first appointment to the Authority of a person elected by its staff in accordance with subsection (2)(g), the Authority shall consist of not more than 10 members.

 ( c) The members of the Authority shall be appointed by the Minister, who shall designate one of them as its chairperson.

(2) The members of the Authority shall include—

( a) at least one person who is a practising barrister, or practising solicitor, of not less than 5 years' standing,

( b) 2 persons each of whom the Minister considers to be representative of private security employers,

( c) 2 persons each of whom the Minister considers to be representative of employees of such employers,

( d) the Commissioner of the Garda Síochána or such other member of the Garda Síochána not below the rank of Assistant Commissioner as the Commissioner may nominate in that behalf,

( e) an officer of the Minister,

( f) a representative of any other Minister of the Government who, in the opinion of the Minister, is directly concerned with or responsible for activities relevant to the functions of the Authority, and

( g) one member of the staff of the Authority elected by secret ballot of the staff of the Authority in such manner—

(i) if notice of the holding of the first such election is given before the day on which the Authority is established, as the Minister directs in writing, or

(ii) in any other case, as the Authority, with the agreement of the Minister, may determine.

(3) ( a) The term of office of a member of the Authority shall be not more than 4 years.

( b) A person may not be appointed to be a member for more than 2 consecutive terms.

( c) A member may resign from the Authority by letter addressed to the Minister, and the resignation shall take effect on the date of receipt of the letter.

( d) A member shall, unless he or she sooner dies, resigns, is removed from office or otherwise ceases to be a member, hold office as such member until the expiration of his or her term of office.

(4) The Minister may for stated reasons at any time remove a member from office for misbehaviour or where the Minister considers that either—

( a) the member has become incapable through ill health of effectively performing his or her functions as a member, or

( b) the member's removal is necessary for the effective performance by the Authority of its functions.

(5) A member of the Authority shall cease to be a member on—

( a) being adjudicated bankrupt,

( b) making a composition or arrangement with creditors,

( c) being sentenced to imprisonment on conviction on indictment,

( d) ceasing to be ordinarily resident in the State, or

( e) if on appointment he or she was a person to whom any paragraph of subsection (2) applied, ceasing to be such a person.

(6) ( a) If a member of the Authority dies, resigns, is removed from office or otherwise ceases to hold office, the Minister may, subject to subsection (2), appoint a person to fill the vacancy.

( b) A person so appointed shall hold office for the remainder of the term of office of the member whom he or she replaces and be eligible for reappointment for one further term.

( c) The chairperson shall hold office as such chairperson until his or her term of office as a member of the Authority expires, unless he or she sooner dies, resigns, is removed from office or otherwise ceases to be a member, but, if reappointed as a member, he or she shall be eligible to be designated as chairperson.

(7) In making appointments to the Authority the Minister shall have regard to the extent to which each sex is represented in its membership and shall ensure that an appropriate balance in this respect is maintained.

(8) Each member of the Authority shall act on a part-time basis and shall be paid such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

Annotations:

Modifications (not altering text):

C1

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. 12 of 2004

Private Security Services Act 2004

Sections 7(8) and 8(3); Schedule 1, paragraphs 1 and 9; Schedule 2, paragraphs 1 and 5

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