Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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PART 5 Appeals | ||
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Appeals Panel | ||
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37. (1) The Minister may appoint such number of people as he or she considers appropriate, not exceeding 10, to be members of a panel (in this Act referred to as the “Appeals Panel”) established and maintained by the Minister. | ||
(2) The Minister shall have regard to a person’s experience or expertise in relation to the subject matter of decisions, the subject of appeals under this Act or in relation to the hearing of appeals generally in appointing him or her under subsection (1). | ||
(3) An appointment under subsection (1) shall be made for such period, not exceeding 5 years from the date of the appointment, as the Minister determines. | ||
(4) Subject to subsection (5), a member whose appointment under subsection (1) expires shall be eligible for reappointment under thatsubsection. | ||
(5) A person shall not be appointed to the Appeals Panel for more than 2 terms. | ||
(6) The Minister shall appoint a chairperson of the Appeals Panel from among its members. | ||
(7) The Minister may pay a member such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines. | ||
(8) A member may resign from his or her appointment by giving one month’s notice of his or her resignation to the Minister. | ||
(9) The Minister may remove a member where, in the opinion of the Minister— | ||
(a) the member has become incapable through ill-health of effectively performing his or her functions, | ||
(b) the member has committed stated misbehaviour, or | ||
(c) the removal of the member appears to the Minister to be necessary for the effective performance by the Appeals Panel of its functions. | ||
(10) A person shall cease to be qualified for appointment under this section and shall cease to be a member of the Appeals Panel if he or she— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with his or her creditors, | ||
(c) is sentenced by a court to a term of imprisonment, | ||
(d) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, | ||
(e) is convicted of an offence involving fraud or dishonesty, | ||
(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, | ||
(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act, | ||
(h) is nominated as a member of Seanad Éireann, | ||
(i) is elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(j) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, | ||
(k) is elected or co-opted as a member of a local authority, or becomes an employee of a designated local authority, or | ||
(l) becomes a member of the Board, or employee, of the Housing Agency. | ||
(11) If a member dies, resigns, ceases to be qualified for office or is removed from office, the Minister may appoint a person to fill the vacancy so occasioned. | ||
(12) A person appointed to be a member of the Appeals Panel pursuant to subsection (11)— | ||
(a) holds office for so much of the term of appointment of the member who occasioned the vacancy as remains unexpired at the date of the appointment, and | ||
(b) is eligible for reappointment as a member on the expiry of that period. | ||
(13) The Minister shall provide such support of an administrative nature to the Appeals Panel as the Minister determines is necessary to enable the Appeals Panel, and any Appeal Board, to perform its functions. |