Transport Act, 1950

Provisions in relation to members of the Board.

7.—(1) (a) Every person appointed to be a member of the Board shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him.

(b) A member of the Board whose term of office expires by effluxion of time shall be eligible for reappointment.

(2) Every member of the Board shall hold office upon such terms and conditions (including the payment, out of the funds at the disposal of the Board, of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment.

(3) The provisions (which relate to superannuation) set out in the Second Schedule to this Act shall apply in respect of members of the Board.

(4) (a) The Government may at any time remove from office any member of the Board—

(i) who has become incapable through ill-health of performing efficiently his duties as such member, or

(ii) who has (otherwise than for a reason considered by the Government to be sufficient) been absent from all meetings of the Board during a period of six consecutive months.

(b) If at any time it appears to the Government that the removal from office of any member of the Board is necessary in the public interest, the Government may remove such member from office.

(c) If and whenever the Government remove from office under this subsection any member of the Board, the Government shall lay before each House of the Oireachtas a statement in writing of the fact of his removal from office and of the reasons for such removal.

(5) A member of the Board may at any time resign his office as such member by letter addressed and sent to the Government.

(6) (a) A member of the Board shall, within six months after his appointment, sell or otherwise dispose of any securities which he may hold for his own benefit, whether in his own name or in that of some other person, in any company carrying on a transport undertaking in the State and any transport stock which he may so hold, and it shall not be lawful for a member of the Board to purchase for his own benefit any securities in any such company or any transport stock.

(b) If a member of the Board becomes entitled for his own benefit to any such securities as are mentioned in paragraph (a) of this subsection or to any transport stock, he shall sell or otherwise dispose of those securities or that stock within three months after the date on which he becomes entitled to have them transferred to him.

(c) It shall be the duty of a member of the Board who is in any way, whether directly or indirectly, interested in any contract made or proposed to be made by the Board to disclose the nature of his interest at a meeting of the Board, and the disclosure shall be forthwith recorded in the minutes of the Board, and the member who is so interested shall not take part in any deliberation or decision of the Board with respect to that contract.

(d) If any member of the Board—

(i) fails to comply with, or acts in contravention of, any of the foregoing paragraphs of this subsection, or

(ii) is adjudged bankrupt or makes a composition or arrangement with his creditors, or

(iii) ceases to be ordinarily resident in the national territory,

he shall be disqualified from holding, and shall cease to hold, office as a member of the Board.

(7) (a) Where a person who is a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled, under the Standing Orders of that House, to sit therein, cease to be a member of the Board.

(b) A person, who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, shall be disqualified from being a member of the Board.