28.— (1) Subject to subsection (4)(a), the Board shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer to—

(a) carry on and manage and control generally the administration of the Board and the F14[business of the Board,]

F15[(aa) investigate complaints, and,]

(b) perform any other functions that may be delegated by the Board.

(2) Subject to subsection (4)(b), the chief executive officer holds office on the conditions (including those relating to remuneration, allowances and superannuation) that are determined by the Board with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(3) The chief executive officer shall be paid by the Board, out of the funds at its disposal, the remuneration and allowances determined under subsection (2).

(4) Notwithstanding the repeal of section 16 of the Act of 1985 by section 4, the person who was the chief executive officer, within the meaning of that Act, immediately before that repeal shall be deemed to be the chief executive officer of the Board—

(a) as if, on that repeal, the Board had appointed under subsection (1) the person to be the chief executive officer of the Board for the remaining period, if any, that was left to run for the person to hold the office of chief executive officer immediately before that repeal, and

(b) on the same conditions (including those relating to the termination of appointment) as the person held office immediately before that repeal,

and the other provisions of this Act shall be construed accordingly.

(5) The chief executive officer shall be the accountable person in relation to the accounts of the Board and shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Board is required by this Act to prepare,

(b) the economy and efficiency of the Board in the use of its resources,

(c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General, in so far as it relates to a matter specified in paragraph (a), (b) or (c), that is laid before Dáil Éireann.

(6) In the performance of the duties of the chief executive officer under subsection (5), the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

F16[(7) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer may be performed, by an employee of the Board designated by the Board, for a period of not more than 6 months in any year as specified by the Board or such further period as specified by the Board with the consent of the Minister.

(8) The chief executive officer may delegate in writing any of his or her functions to a specified member of staff of the Board, and that member of staff shall be accountable to the chief executive officer for the performance of the functions so delegated.

(9) The chief executive officer may revoke in writing a delegation made in accordance with this section.]