S.I. No. 126/2010 - Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th March, 2010.

I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Ethics in Public Office Act 1995 (No. 22 of 1995), hereby make the following regulations:

1. These Regulations may be cited as the Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2010.

2. The Schedule (inserted by the Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2010 ( S.I. No. 15 of 2010 )) to the Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 ( S.I. No. 699 of 2004 ) is amended:

(a) by inserting between reference numbers 271 and 272 the following:

271A

National Asset Management Agency

Chairperson

Members of the Board

271B

National Asset Management Agency committees established under section 32(1) or 33(1) of the National Asset Management Agency Act 2009

Members of the committees

271C

National Asset Management Agency group entities as defined in section 4 of the National Asset Management Agency Act 2009

Directors of the group entities

”, and

(b) by inserting in column (4) at reference number 275 before “National Debt and Central Treasury Services” the following:

National Asset Management Agency

Chief Executive Officer

All positions of employment, in respect of which the remuneration is not less than the maximum salary of a higher executive officer (general service grade, class B PRSI) in the Civil Service, assigned to the National Asset Management Agency under section 42 of the National Asset Management Agency Act 2009

”.

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GIVEN under my Official Seal,

10 March 2010.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe directorships in the National Asset Management Agency (NAMA), memberships of NAMA committees and directorships in NAMA group entities as “designated directorships” for the purposes of the Ethics in Public Office Act 1995 . The regulations also prescribe, as “designated positions” in the National Treasury Management Agency (NTMA) (a) the position of Chief Executive Officer of the National Asset Management Agency and (b) all positions of employment, in respect of which the remuneration is not less than the maximum salary of a higher executive officer (general service grade, class B PRSI) in the Civil Service, which are assigned to the National Asset Management Agency, under section 42 of the National Asset Management Agency Act 2009 .

A person holding a “designated directorship” is required inter alia to furnish a statement of his or her registrable interests to the Standards in Public Office Commission and to such officer of the body, as determined by the Minister for Finance. Where no registrable interests exist, a nil statement is requested. A person occupying a “designated position” is required to furnish his or her statements to the relevant authority, as determined by the Minister for Finance. Where no registrable interests exist, a nil statement is requested.

As determined by the Minister for Finance, the Chairperson of the Board of the National Asset Management Agency is the officer of the body for members of the board of NAMA, for members of a committee of NAMA, and for members of a NAMA group entity; and the Chief Executive Officer of NAMA is the officer of the body for the Chairperson of the Board of NAMA.

As determined by the Minister for Finance, the Chairperson of the Board of NAMA is the relevant authority for the position of Chief Executive Officer of NAMA; and the Chief Executive Officer of NAMA is the relevant authority for all positions of employment in the National Treasury Management Agency, in respect of which the remuneration is not less than the maximum salary of a higher executive officer (general service grade, class B PRSI) in the Civil Service, which are assigned to the National Asset Management Agency under section 42 of the National Asset Management Agency Act 2009 .