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46 2003

Personal Injuries Assessment Board Act 2003

Chapter 2

Composition of Board

Membership of Board.

56. —(1) The members of the Board (including the chairperson and the chief executive) shall be such number, not more than 11, as the Minister considers appropriate from time to time.

(2) Each member of the Board shall be a person who, in the Minister's opinion, has experience in a field of expertise relevant to the Board's functions.

(3) The members of the Board shall be appointed by the Minister as soon as may be after the establishment day.

(4) Except as provided for by subsection (3), the members of the Board shall be appointed from time to time as occasion requires by the Minister.

(5) Of the members of the Board—

(a) 2 shall be persons nominated for such appointment by the Irish Congress of Trade Unions (or any successor of it),

(b) 1 shall be a person nominated for such appointment by the Irish Business and Employers Confederation (or any successor of it),

(c) 1 shall be a person nominated for such appointment by the Irish Insurance Federation (or any successor of it).

(6) The chief executive, the Director of Consumer Affairs and the Consumer Director of the Irish Financial Services Regulatory Authority shall each be a member of the Board.

(7) The Minister shall, in so far as is practicable, ensure an equitable balance between the numbers of members of the Board who are women and the number of them who are men.

(8) The Minister when appointing a member shall fix such member's period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister may determine.

(9) The members of the Board (including the chairperson and the vice-chairperson) may be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, may determine.

Supplemental provisions as to membership of Board.

57. —(1) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.

(2) A member of the Board may, at any time, be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(3) A person shall cease to be, and shall be disqualified from being, a member of that Board where 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, or

(d) is disqualified or restricted from being a director of any company.

(4) If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the casual vacancy so caused.

(5) A person appointed to be a member of the Board pursuant to subsection (4) shall, subject to subsections (1), (2) and (3), hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment.

(6) A member of the Board whose term of membership of the Board expires shall be eligible for re-appointment as a member of the Board.

Chairperson of Board.

58. —(1) The Minister shall appoint a person, from among the members of the Board, as chairperson of the Board.

(2) Where the chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.

(3) The chairperson of the Board may at any time resign his or her office as chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.

(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as chairperson of the Board.

Vice-chairperson.

59. —(1) The Minister shall appoint one of the ordinary members of the Board to be vice-chairperson of the Board with the function of acting as chairperson in the absence of the chairperson, and when so acting shall have the same powers as the chairperson.

(2) Where the vice-chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be vice-chairperson of the Board.

(3) The vice-chairperson of the Board may at any time resign his or her office as vice-chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.

(4) The vice-chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be vice-chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as vice-chairperson of the Board.