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Chairman.
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5.—(1) The chairman shall be appointed by the Government.
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(2) There shall be a committee (in this section subsequently referred to as “the committee”) consisting of—
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(a) the President of the High Court,
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(b) the Chairman of the County Councils General Council,
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(c) the Chief Engineering Adviser of the Department of the Environment,
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(d) the Chairman of the Council of An Taisce—the National Trust for Ireland,
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(e) the President of the Construction Industry Federation, and
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(f) the President of the Executive Council of the Irish Congress of Trade Unions.
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(3) Where—
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(a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee,
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or
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(b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period,
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the Minister may, when making a request under subsection (7) of this section, appoint another person to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.
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(4) Where the Minister makes a request under subsection (7) of this section and at the time of making the request any of the offices aforesaid is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.
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(5) Where pursuant to subsection (3) or (4) of this section the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in the Iris Oifigiúil.
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(6) (a) The Minister may by order amend subsection (2) of this section.
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(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).
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(c) Where an order under this subsection is proposed to be made, the Minister shall cause a draft thereof to be laid before both Houses of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
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(d) Where an order under this subsection is for the time being in force, subsection (2) of this section shall be construed and have effect subject to the terms of the order.
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(7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the chairman and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected and of the reasons why, in the opinion of the committee, they are or he is suitable for such appointment.
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(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the chairman.
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(8) Except in the case of a reappointment under subsection (12) of this section, the Government shall not appoint a person to be the chairman unless the person was amongst those, or, where appropriate, was the candidate, selected by the committee pursuant to a request under subsection (7) of this section in relation to that appointment but—
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(a) if the committee is unable to select any suitable candidate pursuant to a particular request under the said subsection (7), or
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(b) if the Government decide not to appoint to be the chairman any of the candidates, or, where appropriate, the candidate, selected by the committee pursuant to a particular such request,
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then either—
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(c) the Government shall appoint a person to be the chairman who was amongst those, or, where appropriate, was the candidate, selected by the committee pursuant to a previous such request (if any) in relation to that appointment, or
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(d) the Minister shall make a further such request to the committee and the Government shall appoint to be the chairman a person who was amongst those, or, where appropriate, was the candidate, selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.
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(9) The Minister may make regulations as regards—
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(a) the publication of notice that a request has been received by the committee under subsection (7) of this section,
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(b) applications for selection by the committee,
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(c) any other matter which the Minister considers expedient for the purposes of this section.
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(10) A person who is, for the time being—
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(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
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(b) a representative in the Assembly,
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(c) a member of a local authority,
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shall be disqualified for being appointed as the chairman.
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(11) The chairman shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.
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(12) Subject to the provisions of this section, the chairman shall hold office for a term of seven years and may be re-appointed by the Government for a second or subsequent term of office: Provided that a person shall not be reappointed under this subsection unless, at the time of his reappointment, he is or was the outgoing chairman of the Board.
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(13) (a) The chairman may resign his chairmanship by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
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(b) The chairman shall vacate the office of chairman on attaining the age of sixty-five years.
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(c) A person shall cease to be the chairman if he—
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(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas,
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(ii) is either nominated for election to the Assembly or appointed under section 15 of the Act of 1977 to be a representative in the Assembly,
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(iii) becomes a member of a local authority.
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(14) (a) There shall be paid by the Board to the chairman the same salary as is paid to a judge of the High Court.
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(b) Subject to the provisions of this section, the chairman shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for the Public Service, determines.
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(15) The chairman may be removed from office by the Government if he has become incapable through ill-health of effectively performing his duties, or if he has committed stated misbehaviour, or if his removal appears to the Government to be necessary for the effective performance by the Board of its functions, and in case the chairman is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.
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