21.— (1) The Agency may, subject to a determination under subsection (2), appoint persons to be members of its staff.

(2) The Agency shall, with the approval of the Minister given with the consent of the Minister for Finance, determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of staff appointed under this section, and

(b) the grades and the numbers of staff of the Agency at each grade.

(3) The remuneration and allowances of the members of the Agency’s staff and any superannuation benefits payable to or in respect of those members shall be paid by the Agency out of F23[the proceeds of the levy collected and recovered and the proceeds of the biofuel levy collected and recovered].

(4) A member of staff of the Agency shall perform such duties as the chief executive may assign to him or her.

(5) A person who, immediately before the commencement of this section, was a member of staff of the Agency shall, subject to section 23(2) and the terms and conditions upon which he or she was appointed, continue in employment as if appointed under subsection (1).