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Membership of Agency.
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20.—(1) The Agency shall consist of 8 members who shall direct and carry out the functions of the Agency in accordance with this Act and shall satisfy themselves as to the adequacy of the systems in place for that purpose and shall otherwise manage and review the workings of the Agency.
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(2) Notwithstanding subsection (1), until the first appointment to the Agency of a person consequent to an election having been held to which subsection (3) relates, the Agency shall consist of 7 members.
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(3) One of the ordinary members of the Agency shall be a member of the staff of the Agency who shall be elected by secret ballot of the staff of the Agency in such manner as the Agency, with the agreement of the Minister, may determine.
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(4) The Agency shall include the chief executive as a member of the Agency.
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(5) The members of the Agency (other than the chief executive) shall, as soon as may be after the establishment day, be appointed by the Minister.
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(6) Each member of the Agency shall be a person who in the opinion of the Minister has wide experience and competence in relation to one or more of the following areas—
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(a) railways,
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(b) transportation planning,
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(c) urban development,
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(d) industry,
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(e) trade union representation,
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(f) law,
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(g) commerce,
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(h) finance,
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(i) economics,
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(j) engineering, or
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(k) environmental matters.
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(7) The Minister shall designate one member of the Agency as chairperson.
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(8) There shall be paid to the members of the Agency such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may from time to time determine.
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(9) Each member of the Agency shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister determines at the time of his or her appointment.
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(10) The Minister, when appointing an ordinary member of the Agency under subsection (5), shall fix such member's period of membership which shall not exceed 5 years.
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(11) Such number, as decided by the Minister, of the first ordinary members of the Agency appointed under subsection (5) shall hold office for a period not exceeding 4 years from the date of their appointment as determined by the Minister by lot.
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(12) A member of the Agency (other than the chief executive) shall not serve for more than 2 consecutive terms.
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(13) A member of the Agency shall be disqualified from being such a member where he or she—
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(a) is adjudicated bankrupt,
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(b) makes a composition or arrangement with creditors,
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(c) is convicted of an indictable offence in relation to a company,
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(d) is convicted of an offence involving fraud or dishonesty,
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(e) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001), or
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(f) has a conflict of interest of such importance, in the opinion of the Minister, that requires him or her to step down.
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(14) A member of the Agency may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.
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(15) A member of the Agency may at any time for stated reasons be removed from membership of the Agency by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Agency of the functions of the Agency.
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(16) If a member of the Agency dies, resigns, retires, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Agency to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Agency who occasioned the casual vacancy.
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(17) The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Agency.
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