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Appointment of chief executive of Authority
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129. (1) The Authority shall, with the consent of the Minister, appoint a person to be the chief executive officer of the Authority (in this Act referred to as the “chief executive of the Authority”).
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(2) The Minister may, before the establishment day of the Authority, designate a person to be appointed as the first chief executive of the Authority.
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(3) Where, immediately before the establishment day of the Authority, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first chief executive of the Authority.
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(4) A person appointed as the chief executive of the Authority shall—
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(a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as are determined by the Authority with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, and
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(b) be paid out of moneys at the disposal of the Authority.
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(5) The chief executive of the Authority shall—
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(a) have such experience, qualifications, training and expertise as is appropriate for the appointment, and
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(b) be appointed by the Authority following a selection competition undertaken in accordance with the Act of 2004.
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(6) The chief executive of the Authority shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Authority.
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(7) The chief executive of the Authority shall have the following functions:
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(a) to implement the policies and decisions of the Authority;
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(b) to carry on and manage, and control generally, the staff, administration and business of the Authority;
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(c) to perform such other functions (if any) as may be determined by the Authority or as may be authorised under this Act or any other enactment.
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(8) The chief executive of the Authority shall provide to the Authority such information, including financial information, in relation to the performance of his or her functions referred to in subsection (7) as the Authority may require.
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(9) The chief executive of the Authority may be removed or suspended from office by the Authority, with the consent of the Minister, for stated reasons.
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(10) The chief executive of the Authority shall not be a member of the Authority or a committee of the Authority, but he or she may, in accordance with procedures specified by the Authority or a committee, attend meetings of the Authority or a committee concerned, and may speak, and give advice, at such meetings.
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(11) Where the chief executive of the Authority—
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(a) dies, resigns or is removed from office, or
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(b) is for any reason temporarily unable to continue to perform his or her functions,
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the Authority may designate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the chief executive of the Authority until—
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(i) where paragraph (a) applies, a new chief executive of the Authority is appointed in accordance with this section,
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(ii) where paragraph (b) applies, the chief executive of the Authority is able to resume the performance of his or her functions, or
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(iii) the Authority decides to revoke or alter a designation made under this subsection.
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