Local Government Act 2019
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SCHEDULE Cork Boundary Alteration Implementation Oversight Committee | ||
1. (1) The members of the oversight committee shall be appointed by the Minister. | ||
(2) A member of the oversight committee may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice. | ||
(3) The Minister may at any time remove a member of the oversight committee from office if, in the Minister’s opinion— | ||
(a) the member has become incapable through ill-health of performing his or her functions, | ||
(b) the member has committed stated misbehaviour, or | ||
(c) the member’s removal appears to the Minister to be necessary for the effective performance by the oversight committee of their functions. | ||
(4) A member of the oversight committee shall cease to be qualified for office and shall cease to hold office if he or she— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) is convicted of any indictable offence in relation to a company or any other body corporate, | ||
(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, | ||
(f) is, or is deemed to be, the subject of a declaration under section 819 of the Companies Act 2014 , or | ||
(g) is, or is deemed to be, the subject of a disqualification order within the meaning of Chapter 4 of Part 14 of that Act. | ||
(5) A member of the oversight committee shall, subject to the provisions of this Act, hold office upon such terms and conditions as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform. | ||
(6) There may be paid by the Minister to members of the oversight committee such remuneration (if any) and such allowances in respect of expenses (if any) incurred by them as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine. | ||
2. If a member of the oversight committee dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the oversight committee to fill the casual vacancy so occasioned. | ||
3. (1) The oversight committee shall hold such and so many meetings as may be necessary for the due fulfilment of their functions. | ||
(2) At a meeting of the oversight committee— | ||
(a) the chairperson of the oversight committee shall, if present, be the chairperson of the meeting, or | ||
(b) if and so long as the chairperson of the oversight committee is not present or if that office is vacant, the other members of the oversight committee who are present shall choose one of their number to be chairperson of the meeting. | ||
(3) Every question at a meeting of the oversight committee shall be determined by a majority of the votes of the members of the oversight committee present and voting on the question, and, in the case of an equal division of votes, the chairperson shall have a second or casting vote. | ||
(4) Subject to subparagraph (6), the oversight committee may act notwithstanding a vacancy among their members. | ||
(5) Subject to the provisions of this Act, the oversight committee shall regulate their procedure by rules or otherwise. | ||
(6) The quorum for a meeting of the oversight committee shall, unless the Minister otherwise directs, be 2. | ||
4. (1) Where a member of the oversight committee is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or | ||
(d) elected or coopted to be a member of a local authority, | ||
he or she shall thereupon cease to be a member of the oversight committee. | ||
(2) 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 member of the European Parliament, or | ||
(c) entitled under the standing orders of a local authority to be a member of that local authority, | ||
shall, while he or she is so entitled or is such a member, be disqualified for membership of the oversight committee. |