Commissions of Investigation Act 2004

Membership.

7

7.—(1) A commission may consist of one or more than one member.

(2) Each member of a commission is to be appointed as follows:

( a) by the specified Minister, if authorised to do so by the order establishing the commission;

( b) by the Government, in any other case.

(3) Appointments may be made to a commission at any time, including during the course of its investigation.

(4) Before appointing a person to be a member of a commission, the appointing authority (the specified Minister or the Government) shall be satisfied that, having regard to the subject matter of the investigation, the person has the appropriate experience, qualifications, training or expertise.

(5) Where more than one member is appointed to a commission, the appointing authority shall designate one of the members as the chairperson.

(6) If a commission consists of more than one member—

( a) a decision of a majority of its members on any matter is the commission's decision, and

( b) in the case of an equal division among the members as to a decision to be made, the chairperson's decision on the matter is the commission's decision.

(7) If the chairperson is for any reason unable to continue to act as chairperson, the appointing authority may designate another member of the commission as chairperson.

(8) An appointment under subsection (3) or a designation under subsection (7) made during the course of an investigation by a commission does not affect decisions made or actions taken by the commission before the appointment or designation.

(9) A member of a commission who is unable to act as a member, whether temporarily or for the remainder of the investigation, is while unable to act deemed not to be a member of the commission.

(10) A commission may act or continue to act despite one or more than one vacancy among its members if satisfied that the legal rights of any person affected by its investigation would not be unduly prejudiced by doing so.

Annotations:

Editorial Notes:

E22

Power pursuant to subs. (2)(a) exercised (21.03.2017) by Commission of Investigation (Certain Matters relative to a Disability Service in the South East and Related Matters) Order 2017 (S.I. No. 96 of 2017).

E23

Power pursuant to subs. (2)(a) exercised (17.02.2015) by Commission of Investigation (Mother and Baby Homes and certain Related Matters) Order 2015 (S.I. No. 57 of 2015).

E24

Power pursuant to subs. (2)(a) exercised (23.07.2014) by Commission of Investigation (Ronan MacLochlainn) Order 2014 (S.I. No. 346 of 2014).

E25

Power pursuant to subs. (2)(a) exercised (21.09.2010) by Commission of Investigation (Banking Sector) Order 2010 (S.I. No. 454 of 2010).

E26

Power pursuant to subs. (2)(a) exercised (2.05.2007) by Commission of Investigation (Death of Gary Douch in Mountjoy Prison) Order 2007 (S.I. No. 371 of 2007).

E27

Power pursuant to subs. (2)(a) exercised (6.06.2007) by Commission of Investigation (Leas Cross Nursing Home) Order 2007 (S.I. No. 304 of 2007).

E28

Power pursuant to subs. (2)(a) exercised (28.03.2006) by Commission of Investigation (Child Sexual Abuse) Order 2006 (S.I. No. 137 of 2006).

E29

Power pursuant to subs. (2)(a) exercised (7.02.2006) by Commission of Investigation (Dean Lyons Case) Revised Order 2006 (S.I. No. 69 of 2006).