Garda Síochána Act 2005

62P

F127[Chief Executive

62P. (1) There shall be a chief executive officer of the Authority who, subject to subsections (2) and (3), shall be appointed by the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, and who is referred to in this Act as the Chief Executive.

(2) The Minister may, before the establishment day of the Authority, designate a person to be the first chief executive officer of the Authority.

(3) If, immediately before the establishment day of the Authority, a person stands designated by the Minister under subsection (2), the Authority shall appoint that person to be the first Chief Executive.

(4) The Chief Executive shall

(a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration) as are determined by the Authority with the consent of the Minister and the Minister for Public Expenditure and Reform, and

(b) be paid out of moneys at the disposal of the Authority.

(5) The Chief Executive shall

(a) have the appropriate experience, qualifications, training and expertise for the appointment, and

(b) be appointed by the Authority following a selection competition.

(6) The Chief Executive shall

(a) implement the policies and decisions of the Authority,

(b) manage and control generally the staff, administration and business of the Authority, and

(c) perform such other functions (if any) as may be required by the Authority or as may be authorised under this Act.

(7) The Chief Executive may be removed or suspended from office by the Authority, with the consent of the Minister, for stated reasons.

(8) The Chief Executive shall not be a member of the Authority or a committee, but he or she may, in accordance with procedures established by the Authority or such a committee, as the case may be, attend meetings of the Authority or a committee and shall be entitled to speak at and give advice at such meetings.

(9) The Chief Executive shall provide the Authority with such information, including financial information, in respect of the performance of his or her functions as the Authority may require.

(10) The Chief Executive shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Authority.

(11) If the Chief Executive

(a) dies, resigns or is removed from office, or

(b) is for any reason temporarily unable to continue to perform his or her functions,

the Authority may designate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the Chief Executive until

(i) in the circumstances mentioned in paragraph (a), a new Chief Executive is appointed in accordance with this section, or

(ii) in the circumstances mentioned in paragraph (b), the Chief Executive is able to resume the performance of his or her functions.]

Annotations

Amendments:

F127

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.