Harbours Act, 1996
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Employee, local authority and other directors. |
30.—(1) (a) The Minister shall as respects a company, the employees of which are more than 50 in number, appoint to be each a director of the company 2 employees of the company who are elected in accordance with the Fifth Schedule . | |
(b) The Minister shall as respects a company, the employees of which are more than 30 but not more than 50 in number, appoint to be a director of the company an employee of the company who is elected in accordance with the Fifth Schedule . | ||
(c) The Minister shall as respects a company (other than a company referred to in paragraph (a) or (b)), appoint to be a director of the company a person who, in the opinion of the Minister, is representative of the interests of the employees of the company. | ||
(d) Before making any appointment under paragraph (c) the Minister shall consult with any recognised trade union or staff association concerned which, following such consultation, may recommend to the Minister that a particular person be appointed under the said paragraph and the Minister shall consider such a recommendation. | ||
(2) Without prejudice to the provisions of this Act as respects the term of office of directors of a company and their removal or disqualification from office, the term of office of a director of a company who is appointed under subsection (1) and who is an employee of the company shall terminate on his or her resigning or retiring from employment with the company or on his or her being dismissed from such employment. | ||
(3) The Minister shall, if the person is willing to act as such a director, appoint an employee of a company selected in accordance with paragraph 8 of the Fifth Schedule to fill a casual vacancy arising in the office of a director of the company appointed under paragraph (a) or (b) of subsection (1) for the remainder of the term of office for which that director had been appointed. | ||
(4) A director of a company appointed under subsection (1) shall, subject to this section, be eligible for nomination as a candidate and for election at an election under the Fifth Schedule . | ||
(5) An election under the Fifth Schedule shall be held within 12 months after the relevant vesting day or such longer period as may be agreed between the company and any recognised trade union or staff association concerned and in each fifth year thereafter. | ||
(6) The Minister shall appoint 3 members of a prescribed local authority or local authorities (each of whom has been nominated for the purposes of this subsection in the prescribed manner by a prescribed local authority or local authorities) to be each a director of a company. | ||
(7) The Minister shall, in selecting one or more persons to be appointed as a director or directors of a company (not being a director or directors to whom a preceding provision of this section applies), consult with— | ||
(a) the Chamber of Commerce of Ireland (or any successor of it), | ||
(b) the Irish Business and Employers Confederation (or any successor of it), and | ||
(c) such other persons as the Minister considers appropriate, | ||
and each of the said persons may, following such consultation, recommend to the Minister that a particular person or persons be appointed as such a director or directors and the Minister shall consider such a recommendation. |