Merchant Shipping (Investigation of Marine Casualties) Act, 2000

Tenure of office of Chairperson and members of Board appointed by Minister.

10.—(1) Subject to this section—

(a) the Chairperson shall hold office as Chairperson and member of the Board for a period of 5 years, and may be re-appointed for a second or subsequent term of office in either or both capacities,

(b) the other membersof the Board appointed under section 9 (1)(a) shall hold office for such period, not exceeding 5 years, as shall be specified by the Minister when appointing them, and may be re-appointed for a second or subsequent term of office not exceeding 5 years, and

(c) a member of the Board holding office as a nominee of the Secretary-General of the Department of the Marine and Natural Resources shall hold office until such time as the Secretary-General nominates a replacement.

(2) The Chairperson or other member of the Board appointed under section 9 (1)(a) may resign the office of Chairperson or member, as the case may be, by letter addressed to the Minister, and the resignation shall take effect on the date of the receipt of the letter by the Minister.

(3) The Chairperson or other member of the Board shall vacate the office of Chairperson and member on attaining the age of 70 years.

(4) Where the Chairperson or other member of the Board—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament,

he or she shall thereupon cease to be the Chairperson or a member of the Board.

(5) The Minister may remove the Chairperson or other member of the Board from office—

(a) if the Chairperson or member becomes incapable through ill-health of effectively performing his or her functions,

(b) for stated misbehaviour, or

(c) notwithstanding section 8 , if the Chairperson's or member's removal appears to the Minister to be necessary for the effective performance by the Board of its functions,

and the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for any such removal.

(6) Where the Chairperson or other member of the Board—

(a) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or

(b) is convicted on indictment by a court of competent jurisdiction,

he or she shall thereupon be disqualified from holding, and shall cease to hold, office as Chairperson or member of the Board.