Health Act 2004

PART 4

Chief Executive Officer

Appointment of chief executive officer.

17.—(1) Subject to subsections (3) and (4), the appointed members of the Board shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Executive.

(2) A person is not eligible for appointment as the chief executive officer if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament,

(b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or

(c) a member of a local authority.

(3) The Minister shall, on the recommendation of the Board, appoint a person to be the first chief executive officer of the Executive.

(4) Pending the appointment of the first chief executive officer, the Minister may, on the recommendation of the Board of the Interim Health Service Executive, appoint a person to be the interim chief executive officer.

(5) A person appointed as chief executive officer holds office on the terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) that—

(a) in the case of the interim chief executive officer, have been determined by the Interim Health Service Executive with the approval of the Minister given with the consent of the Minister for Finance, and

(b) in any other case, may be determined by the appointed members of the Board of the Executive with the approval of the Minister given with the consent of the Minister for Finance.

(6) The remuneration and allowances determined under subsection (5) are payable to the chief executive officer by the Executive out of funds at its disposal.

(7) The chief executive officer is suspended from office as a member of the Board during any period of suspension or secondment from his or her position as chief executive officer.