Gas Regulation Act 2013

F6[Appointment of board of directors of network company

7A

7A. (1) Subject to section 7B(6), each director of the network company standing appointed pursuant to section 7 immediately before the transfer day shall cease to be a director of the network company on the transfer day.

(2) The network company shall have a board (in this Act referred to as the "board of directors") which shall consist of at least 5 and not more than 9 directors (including its chairperson and the chief executive officer), each of whom shall be appointed by the majority-shareholding Minister, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) The majority-shareholding Minister, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform, shall appoint one of the directors (other than the chief executive officer) to be its chairperson.

(4) The board of directors may act notwithstanding one or more vacancies among its directors subject to having a quorum of 3.

(5) There may be paid to the directors, out of moneys at the disposal of the network company, such allowances for expenses incurred by them as the majority-shareholding Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.

(6) The majority-shareholding Minister shall, in so far as is practicable, endeavour to ensure that among the directors there is an equitable balance between men and women.

(7) A director (other than the chief executive officer) shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the majority-shareholding Minister shall determine.

(8) A director (other than the chief executive officer) whose term of office expires by effluxion of time shall be eligible for reappointment to the board of directors provided he or she does not hold office for more than 2 terms of office, whether the terms are served consecutively or otherwise.

(9) An appointment to the board of directors and the appointment of the company secretary of that board of directors shall each be subject to such terms and conditions as are set out in the constitution of the network company.

(10) A person shall not be appointed or act as a director if he or she is a director or an officer of a company or other body corporate which engages, within or outside the State, in—

(a) the supply of natural gas,

(b) the shipping of natural gas,

(c) the production of natural gas,

(d) the supply of electricity, or

(e) the generation of electricity.

(11)(a) The majority-shareholding Minister may, at any time, remove a director (other than the chief executive officer) from office if the majority-shareholding Minister is of the opinion that—

(i) the director has become incapable through ill-health of performing the functions of such director,

(ii) the director has committed stated misbehaviour,

(iii) the director has contravened subsection (10) or section 10(1), or

(iv) the removal of the director appears to the majority-shareholding Minister to be necessary for the effective performance by the network company of its functions.

(b) Where a person is removed from office pursuant to paragraph (a), he or she shall cease to be qualified, and cease, to be a director.

(12) A director may resign from office by giving notice in writing to the majority shareholding Minister of his or her resignation and the resignation shall take effect on the day on which the majority-shareholding Minister receives the notice.

(13) In this section and section 7B, "transfer day" has the same meaning as it has in the Gas (Amendment) and Miscellaneous Provisions Act 2024.]

Annotations

Amendments:

F6

Inserted (1.06.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 20(c), S.I. No. 208 of 2024.