49. (1) The Minister may at any time remove from office a member of the Board (M) if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour,

(c) the member’s removal is necessary for the effective and efficient performance by the Board (M) of its functions,

(d) the member has contravened an applicable provision of the Ethics in Public Office Act 1995, or

(e) in performing functions under this Act, the member has not been guided by a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that relates to the member.

(2) If a member of the Board (M) is removed from office in accordance with subsection (1), the Minister shall give the member a statement in writing of the reasons for the removal.

(3) The Minister shall remove from office a member of the Board (M) if such removal is necessary in order to ensure that section 45(2)(c) continues to be complied with.

(4) A member of the Board (M) shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(f) is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or any other jurisdiction.

(5) A member who does not, for a consecutive period of six months, attend a meeting of the Board (M) ceases at the end of that period to hold office unless the member demonstrates to the Minister’s satisfaction that the failure was due to ill-health.

(6) In this section, “applicable provision of the Ethics in Public Office Act 1995 ”, in relation to a member, means a provision of that Act that, by virtue of a regulation under section 3 of that Act, applies to that member.