Dún Laoghaire Harbour Act, 1994

SCHEDULE

The Dún Laoghaire Harbour (Finance) Board

Section 3 .

1. The Board shall consist of not less than three nor more than five members who shall be appointed to be such members by the Minister.

2. (1) Subject to the provisions of this Schedule, members of the Board shall hold office for such period and on such terms and conditions as the Minister may determine.

(2) The Minister may at any time remove a member of the Board from office.

(3) A member of the Board may at any time resign from office by letter addressed to the Minister.

(4) A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment as such member.

3. (1) There shall be a chairperson of the Board who shall be appointed by the Minister from amongst the members of the Board.

(2) Subject to the provisions of this Schedule, the chairperson of the Board shall hold office as such chairperson for such period and on such other terms and conditions as the Minister may determine.

(3) The Minister may at any time remove the chairperson of the Board from his or her office as such chairperson.

(4) The chairperson of the Board may at any time resign from office as such chairperson by letter addressed to the Minister.

4. (1) Where a member of the Board is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Parliament Elections Act, 1993 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

that person shall thereupon cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while that person is so entitled or is such a representative, be disqualified from becoming a member of the Board.

(3) Where a member of the Board has a material interest in a matter which is under consideration or within the remit of the Board, he shall declare that interest to the Board and shall not participate in any proceedings of the Board in relation to that matter.

(4) A member of the Board shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

5. The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

6. The Minister may fix the date, time and place of the first meeting of the Board.

7. The quorum for a meeting of the Board shall—

(a) if the number of members of the Board is three, be two, and

(b) if the number of members of the Board is more than three, be three.

8. At a meeting of the Board—

(a) the chairperson of the Board shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of the Board is not present or if the office of chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting.

9. The chairperson of the Board, and each other member of the Board, present at a meeting shall have a vote.

10. Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

11. The Board may act notwithstanding one or more than one vacancy among its members.

12. Subject to the provisions of this Schedule, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

Acts Referred to

Dún Laoghaire Harbour Act, 1990

1990, No. 7

European Assembly Elections Act, 1977

1977, No. 30

European Parliament Elections Act, 1993

1993, No. 30

Foreshore Act, 1933

1933, No. 12

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1993

1993, No. 12