Sustainable Energy Act, 2002

Board of Authority.

10.—(1) The Board shall consist of 12 members.

(2) The Board shall direct the functions of the Authority in accordance with this Act and shall satisfy itself as to the adequacy of the systems in place for that purpose and shall keep under review the performance of the Authority.

(3) Each member of the Board shall be a person who, in the opinion of the Minister, has experience and competence in relation to one or more of the following areas:

(a) renewable energy methodologies and technologies;

(b) conservation and efficient use of energy;

(c) environmental matters;

(d) education;

(e) engineering;

(f) economics;

(g) finance;

(h) the construction industry;

(i) urban development;

(j) energy production and supply;

(k) motor engineering;

(l) legal matters;

(m) trade union matters;

(n) transport;

(o) industry;

(p) commerce.

(4) The Minister, with the consent of the Minister for Finance, shall appoint the members of the Board other than the Chief Executive, and the members appointed by the Minister shall, subject to the other provisions of this section, hold and vacate office as the Minister may determine.

(5) The Minister shall designate one member of the Board (other than the Chief Executive) as chairperson for a period not greater than 5 years.

(6) The Chief Executive shall, subject to subsections (6) and (7) of section 15 , be a member of the Board.

(7) There shall be paid to members of the Board in relation to their membership of the Board, out of moneys at the disposal of the Board, such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(8) Each member of the Board shall hold office on such terms (other than those relating to the payment of remuneration and allowances for expenses) as the Minister determines at the time of appointment of such member.

(9) On the third anniversary of the establishment day and, thereafter, on each anniversary of the establishment day, 3 of the members of the Board (other than the chairperson and the Chief Executive) shall retire from office.

(10) The members required to retire by virtue of subsection (9) in any year shall be those who have served longest as a member of the Board since last appointed.

(11) Where in determining which member or members are required to retire by virtue of subsection (9) there is more than one member who was appointed to the Board on the same day then as respects such members appointed on the same day the member or members to retire shall be determined by lot unless such members otherwise agree.

(12) A member of the Board other than the Chief Executive shall not serve for more than 10 consecutive years.

(13) A member of the Board shall cease to be and shall be disqualified from being a member of the Board where such member—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001).

(14) A member of the Board may resign from the Board by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.

(15) 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 Authority of its functions.

(16) If a member of the Board other than the Chief Executive dies, resigns, becomes disqualified or is removed from office the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned.

(17) A member of the Board whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of the Board, but a member of the Board, other than the Chief Executive, shall not serve for more than 10 consecutive years.

(18) Subject to section 12 (3) the Board may act notwithstanding one or more vacancies in its membership.

(19) In making appointments to the Board the Minister shall have regard to the objective of there being not less than 4 members who are women and not less than 4 members who are men.