38.—(1) There shall be a chief executive officer of the Commission who shall be known and is referred to in this Act, as “the Chief Executive”.

(2) The Commission shall appoint the Chief Executive and may, for stated reasons, remove him or her from office with the consent of the Minister.

(3) The Chief Executive shall carry on and manage and control generally the administration and business of the Commission and shall perform such other (if any) functions as may be determined by the Commission.

(4) The Chief Executive shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Minister after consultation with the Commission and with the consent of the Minister for Finance.

(5) The Commission shall act through, and its functions shall be performed in the name of the Commission by, the Chief Executive or another officer of the Commission duly authorised in that behalf by the Chief Executive.

(6) In this section “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

(7) The Chief Executive may make proposals to the Commission on any matter relating to its activities.

(8) The Chief Executive shall devote the whole of his or her time to his or her duties as Chief Executive and shall not hold any other office or position without the consent of the Commission.

(9) The Chief Executive shall not be a member of the Commission.