40.— (1) Oifig an Phríomh-Chigire Seirbhísí Sóisialacha or in the English language the Office of the Chief Inspector of Social Services is established and the holder of the office—

(a) shall be known as the Chief Inspector of Social Services, and

(b) is referred to in this Act as the “chief inspector”.

(2) Subject to subsection (3) and in accordance with section 26, the Authority shall appoint a person to be the chief inspector.

(3) Notwithstanding section 26 and with the approval of the Minister, the Authority may appoint the first chief inspector.

(4) The chief inspector shall be paid the remuneration and any allowances for expenses that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(5) The chief inspector holds office for the period and upon the terms and conditions that the Authority may determine with the approval of the Minister given with the consent of the Minister for Finance.

(6) The Authority may dismiss the chief inspector from his or her office if satisfied that the chief inspector—

(a) has become incapable through ill health of effectively performing the functions of the office,

(b) is adjudicated bankrupt,

(c) is convicted of a criminal offence,

(d) has without reasonable excuse failed to discharge his or her functions for a continuous period of 3 months beginning not earlier than 6 months before the day of dismissal, or

(e) should be dismissed for any other stated reason.

(7) The person appointed as chief inspector under this section shall be given, by the Authority, a certificate of his or her appointment and, when exercising any power duly conferred on the chief inspector under this Act, shall produce, on request by any person affected, the certificate or a copy of the certificate, together with a form of personal identification.