Maritime Area Planning Act 2021

45

Establishment and membership of board of MARA

45. (1) The MARA shall have a board (in this Part referred to as the “Board (M)”) consisting of the following members:

(a) a chairperson;

(b) ordinary members as follows:

(i) an officer of the Department of Housing, Local Government and Heritage;

(ii) an officer of the Department of the Environment, Climate and Communications;

(iii) an officer of the Department of Public Expenditure and Reform;

(iv) a representative of the County and City Management Association;

(v) up to six other persons (if any).

(2) (a) Subject to subsection (1) and paragraphs (b) to (d), the Minister shall appoint to be the chairperson and other members of the Board (M) persons who, in the opinion of the Minister, have sufficient expertise and experience relating to—

(i) matters connected with the functions of the MARA, or

(ii) corporate governance and management generally,

to enable them to make a substantial contribution to the effective and efficient performance of those functions.

(b) The Minister shall—

(i) for the purposes of appointing a member who falls within subsection (1)(b)(i), (ii) or (iii), so appoint a nominee put forward by the Minister of the Government for the Department concerned where the Minister first-mentioned in this paragraph is of the opinion referred to in paragraph (a) as regards that nominee, and

(ii) for the purposes of appointing a member who falls within subsection (1)(b)(iv), so appoint a nominee put forward by the County and City Management Association where the Minister first-mentioned in this paragraph is of the opinion referred to in paragraph (a) as regards that nominee.

(c) The Minister shall, for the purposes of appointing members who fall within subsection (1)(b)(v), ensure that any such appointment does not result in there being more than—

(i) two members who are officers of the same Department referred to in subsection (1)(b)(i), (ii) or (iii), or

(ii) two members who are representatives of the County and City Management Association.

(d) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Board (M) there is an equitable balance between men and women.

(3) The chairperson shall hold office for such period, not exceeding four years, from the date of appointment to the office as the Minister shall determine.

(4) Subject to subsection (5), each ordinary member shall hold office for such period, not exceeding four years, from the date of appointment to the office as the Minister shall determine.

(5) Of the ordinary members of the Board (M) first constituted under this section—

(a) three members shall hold office for a period of three years from the date appointed to the office, and

(b) three members shall hold office for a period of four years from the date appointed to the office.

(6) Subject to subsection (7), a member of the Board (M) (including the chairperson) whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board (M), whether as an ordinary member or as the chairperson.

(7) A person who is reappointed to the Board (M) in accordance with subsection (6) shall not hold office for more than two consecutive terms and in any event may not serve for a period of more than eight years.

(8) A member may resign from office by letter sent to the Minister and the resignation shall take effect on the later of—

(a) the date specified in the letter, or

(b) the date of receipt of the letter by the Minister.

(9) The Minister shall, as soon as is practicable after a person is appointed to be a member of the Board (M), publish on a website of the Government a notice of the name of the person so appointed.

(10) The Minister may, by notice in writing, nominate an ordinary member of the Board (M) to be the deputy chairperson of the Board (M) to act as the chairperson if, for whatever reason, the chairperson is unable to perform his or her functions.