Companies Act 2014

F815[Acting Member

944I

944I. F816[(1) Where one Member only stands appointed for the time being under section 944F, the Minister may authorise in writing a person (which may be a member of staff of the Authority) to perform the functions of a Member and of the chairperson during any period when that Member is absent from duty or absent from the State or is, for any other reason, unable to perform the functions of a Member and the chairperson.]

(2) Where a vacancy occurs in the office of Member and no Member stands appointed for the time being under section 944F, the Minister may authorise in writing a person (which may be a member of staff of the Authority) to perform the functions F816[of a Member and of the chairperson] during the period of that vacancy.

(3) An authorisation under subsection (2) shall not remain in force for a period of more than 6 months unless the Minister is satisfied that it is not practicable for an appointment under section 944F to be made within that period, in which case he or she may extend that period by such further period as he or she is satisfied is a period within which it is practicable for an appointment to be made under that section.

(4) The Minister may at any time terminate an authorisation under this section.

F816[(5) A person in respect of whom an authorisation under this section is in force may perform the functions of a Member and the chairperson under this Act and, for that purpose, references in this Chapter and in Schedule 22

(a) to a Member, other than in sections 944F(3), 944H(2) and 944L, and

(b) to the chairperson, other than in sections 944G(1) and 944G(3),

shall be construed as including references to that person.]]

Annotations

Amendments:

F815

Inserted (6.07.2022) by Companies (Corporate Enforcement Authority) Act 2021 (48/2021), s. 10, S.I. No. 335 of 2022.

F816

Substituted (3.12.2024) by Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (44/2024), s. 81(a)-(c), S.I. No. 639 of 2024.