Local Government (Planning and Development) Act, 1983

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Ordinary members.

7.—(1) The Minister may prescribe—

(a) for the purposes of paragraph (a) of subsection (2) of this section any two or more organisations which in his opinion are representative of persons whose professions or occupations relate to physical planning and development,

(b) for the purposes of paragraph (b) of the said subsection (2) any two or more organisations which in his opinion are representative of persons concerned with the protection and preservation of the environment and of amenities,

(c) for the purposes of paragraph (c) of the said subsection (2) any two or more organisations which in his opinion are concerned with the promotion of economic or other development or are representative of either or both of the following, namely, persons carrying on the business of developing land or persons employed or engaged in or otherwise connected with the construction industry,

(d) for the purposes of paragraph (d) of the said subsection (2) any two or more organisations which in his opinion are, in relation to the community, concerned with the promotion of social, economic or general interests.

(2) Subject to section 12 (4) of this Act, the ordinary members shall be appointed by the Minister as follows:

(a) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(b) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(c) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(d) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(e) one shall be so appointed from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956 .

(3) An organisation prescribed for the purposes of paragraph (a), (b), (c) or (d) of subsection (2) of this section shall, whenever so requested by the Minister, select such number of candidates (not being less than two) as the Minister may specify for appointment as an ordinary member and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(4) Except in the case of an appointment pursuant to paragraph (e) of subsection (2) of this section or of a re-appointment under subsection (9) of this section and subject to section 12 (4) of this Act, the Minister shall not appoint a person to be an ordinary member unless the person was amongst those selected pursuant to a request under subsection (3) of this section in relation to that appointment, but—

(a) if all of the appropriate organisations refuse or fail to select any candidate pursuant to a particular request under the said subsection (3), or

(b) if the Minister decides not to appoint as an ordinary member any of the candidates selected by such organisations pursuant to a particular request under that subsection,

then either—

(c) the Minister shall appoint as an ordinary member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(d) the Minister shall make a further such request and shall appoint as an ordinary member a person who was amongst those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(5) Where a request is made pursuant to subsection (3) of this section, failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as an ordinary member of a person who was selected in relation to that appointment either by the aforesaid organisation or by any other organisation.

(6) The Minister may make regulations as regards—

(a) the period within which the Minister is to be informed in accordance with subsection (3) of this section,

(b) any other matter which the Minister considers expedient for the purposes of this section.

(7) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a representative in the Assembly,

(c) a member of a local authority,

shall be disqualified for being appointed to be an ordinary member.

(8) Each of the ordinary members 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.

(9) Subject to the provisions of section 12 ( 4 ) (b) of this Act, an ordinary member shall hold office for such term (not exceeding five years) as shall be specified by the Minister when appointing him to office and may be re-appointed by the Minister 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 re-appointment, he is or was an outgoing member of the Board.

(10) (a) An ordinary member may resign his membership 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.

(b) A person shall vacate the office of ordinary member on attaining the age of sixty-five years.

(c) A person shall cease to be an ordinary member if he—

(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas,

(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,

(iii) becomes a member of a local authority.

(11) (a) There shall be paid by the Board to each ordinary member such remuneration and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines.

(b) Subject to the provisions of this section, an ordinary member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for the Public Service, determines.

(12) An ordinary member may be removed from office by the Minister 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 Minister to be necessary for the effective performance by the Board of its functions, and in case an ordinary member is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.