Safety, Health and Welfare at Work Act 2005

SCHEDULE 5

The Authority

1. In this Schedule, except where the context otherwise requires, “member” means a member of the Authority, including the chairperson.

2. (1) The seal of the Authority shall be authenticated by the signature of—

( a) the chairperson of the Authority or other member authorised by the Authority to act in that behalf, and

( b) the Chief Executive or a member of staff of the Authority authorised by the Authority to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by, and to be sealed with the seal of, the Authority (purporting to be authenticated in accordance with subparagraph (1)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

3. Subject to this Act, a member shall hold office on the terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) that may be determined by the Minister, with the consent of the Minister for Finance.

4. A member shall be appointed by the Minister in a part-time capacity and shall hold office for 3 years and a member whose term of office expires shall be eligible for reappointment.

5. A member shall not be eligible for reappointment where he or she has served 2 terms of office.

6. A member may resign from office by written notice given to the Minister and the resignation shall take effect on the date specified in the notice or on the date on which the Minister receives the notice, whichever is the later.

7. The Minister may remove a member from office—

( a) if the member becomes incapable through ill-health of effectively performing his or her functions,

( b) for stated misbehaviour, or

( c) if the member’s removal appears to the Minister to be necessary for the effective performance by the Authority of its functions,

and the Minister shall cause to be laid before each House of the Oireachtas a written statement of the reasons for any such removal.

8. A member shall cease to be and shall be disqualified from being a member where the member—

( a) is adjudicated bankrupt,

( b) makes a composition or arrangement with creditors,

( c) is convicted of an indictable offence,

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

( e) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts 1963 to 2003).

9. (1) The Minister may appoint a person to fill a casual vacancy which arises in the membership of the Authority due to the death, resignation, disqualification or removal from office of a member and the person so appointed shall be appointed in the same manner as the member who occasioned the casual vacancy.

(2) A person appointed to be a member under this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy.

10. (1) A member of the Authority who is—

( a) nominated as a member of Seanad Éireann,

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

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

thereupon ceases to be a member of the Authority.

(2) A member of the staff of the Authority who is—

( a) nominated as a member of Seanad Éireann,

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

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

thereupon stands seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either House or that Parliament.

(3) A period referred to in subparagraph (2) shall not be reckoned as service with the Authority for the purposes of any superannuation benefits, gratuities or other allowances payable on death, retirement or resignation.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in the House or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified from becoming a member of, or from employment in any capacity by, the Authority.

(5) The Authority shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this paragraph from becoming a member of the Authority.

11. (1) The Authority shall hold such and so many meetings as may be necessary for performing its functions but in any case shall meet not less than once in every 3 months.

(2) The arrangements referred to in paragraph 15 may, with the approval of the Minister, provide for the discharge, under the general direction of the Authority, of any of its functions by a committee of the Authority.

12. The quorum for a meeting of the Authority shall be 6 or such greater number of members as the Authority may from time to time determine.

13. At a meeting of the Authority—

( a) the chairperson shall, if present, be the chairperson of the meeting, or

( b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy chairperson of the Authority shall be chairperson of the meeting, or

( c) if and so long as the chairperson is not present or if the office of chairperson is vacant or the deputy chairperson is not present or the office of deputy chairperson is vacant, the members who are present shall choose one of their number to be chairperson of the meeting.

14. Every question that is to be decided at a meeting of the Authority shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

15. Subject to paragraph 12 the Authority may act notwithstanding one or more than one vacancy among its membership or any deficiency in the appointment of a member that may subsequently be discovered.

16. Subject to this Act, the Authority shall make arrangements for the regulation of its proceedings and business.