37.—(1) This section applies to a Board member other than the Chief Executive of the Service.

(2) In appointing persons as members of the Board, the Minister—

(a) shall ensure that—

(i) at least 2 of them have either or both civil service and other public service experience and knowledge which the Minister considers relevant, and

(ii) at least 2 of them have expertise in human resource management, customer service and recruitment outside the public service which the Minister considers relevant,

(b) otherwise shall have regard to such experience and knowledge of the person that the Minister, after consultation with the other Ministers referred to in section 58 considers necessary or appropriate to enable the Board to carry out its functions,

(c) shall have regard to the desirability of an appropriate gender balance as the Minister may determine from time to time.

(3) A person appointed a Board member shall be appointed for a period of not more than 3 years.

(4) Each Board member shall be paid such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may determine.

(5) A person appointed a Board member may be re-appointed to a second or subsequent term as a Board member.

(6) A Board member may resign by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of it by the Minister, whichever is the later.

(7) A Board member may at any time be removed by the Minister if, in the Minister's opinion, the member has become incapable of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(8) A Board member shall be disqualified from holding office and shall cease to be a member of the Board if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

(9) Notice of every appointment of a person to be a Board member or as a Board member and every resignation or removal from office as a Board member shall be published as soon as practicable in Iris Oifigiúil. However, failure to so publish shall not affect any appointment.