104.—F539[(1) Subject to subsection (2), the Board shall consist of a chairperson and such number of ordinary members, up to a maximum of 14, as the Minister may appoint having regard to the number and nature of applications, appeals, referrals or other matters with which the Board is concerned.]

(2) The Minister may by order increase the number of ordinary members where he or she is of the opinion that the F540[number of applications, appeals], referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objective F540[under section 37J, 126, F541[126A,] F542[…] 177E or 221, or section 47E of the Act of 2001].

F543[(2A) Subject to section 108(1), and notwithstanding section 106(5), the Minister shall not fill one or more than one vacancy that arises in relation to an ordinary member, for such period as he or she considers appropriate, where he or she is of the opinion that the number of applications, appeals, referrals or other functions conferred on the Board by or under this Act is at such a level so as to necessitate that the vacancy is not filled and that the Board shall, notwithstanding the reduction in the number of Board members be able to fulfil its duty and objective under section 37J, 126, F541[126A,] F542[…] 177E or 221, or section 47E of the Act of 2001 or otherwise satisfactorily perform the functions so conferred.]

(3) F544[…]

(4) F539[(a) Notwithstanding subsection (2), where the Minister is of the opinion that one, or more than one, additional ordinary member should be appointed as a matter of urgency due to the number of applications, appeals, referrals or other matters with which the Board is concerned, the Minister may, subject to paragraphs (b) and (c), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one, or more than one person, who is, in the opinion of the Minister, a suitably qualified person on a temporary basis,]

(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of F540[12 months].

F543[(c) The Minister shall appoint not more than 3 persons under this subsection at any one time F544[…].]

(5) An order made under subsection (2) shall have effect for such a period not exceeding 5 years as shall be specified therein.