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Appointment and reappointment of chief executive of Commission
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21. (1) There shall be a chief executive of the Commission (in this Act referred to as the “chief executive”) who shall be appointed by the Government.
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(2) The Government may, before the establishment day, designate a person to be appointed as the first chief executive of the Commission.
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(3) If, immediately before the establishment day, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first chief executive of the Commission.
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(4) The chief executive shall hold office for a term of not more than 5 years.
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(5) The Government may reappoint a person whose term of office as chief executive expires by the passage of time.
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(6) A person who is reappointed to be the chief executive under subsection (5) shall not hold office for periods the aggregate of which, including the period for which he or she was first appointed as chief executive, exceeds 10 years.
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(7) Where a vacancy arises, or is anticipated will arise, for the position of chief executive the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Minister a person who is suitable for appointment as chief executive.
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(8) The Minister shall agree with the Service the requirements relating to knowledge, ability and suitability for appointment as the chief executive for the purposes of a selection competition under this section.
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(9) A vacancy for the position of chief executive shall be advertised publicly and shall include details of the agreed selection criteria for the filling of the vacancy and the process to be implemented in respect of filling that vacancy.
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(10) The Service may adopt such procedures as it thinks fit to carry out its functions under this section.
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(11) A person shall not be recommended to the Minister under subsection (7) unless the person is, in the opinion of the Service, suitably qualified for such appointment by reason of his or her possessing such relevant experience, qualifications, specialist knowledge or other criteria as the Minister, following consultation with the Commission, and having regard, in particular, to the functions conferred on the Commission by this Act, may specify.
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(12) The Service shall provide the Minister with particulars of experience and qualifications of the person whom it recommends under this section.
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(13) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Service of a particular person, it shall inform the Service of that fact and the reasons for it and shall request the Service to make another recommendation in respect of the vacancy and the Service shall, as soon as is practicable, comply with that request.
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(14) If the Service is unable to select any suitable candidate pursuant to a particular request—
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(a) the Minister shall recommend for appointment the person who was the candidate selected by the Service pursuant to a previous request (if any) in relation to that appointment, or
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(b) the Minister shall make a further such request to the Service and the Government shall appoint as chief executive the candidate selected by the Service pursuant to that request or pursuant to another such request made in relation to that appointment.
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(15) The chief executive shall—
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(a) hold office subject to such terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Commission, with the consent of the Minister and the Minister for Public Expenditure and Reform, and
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(b) be paid out of funds at the disposal of the Commission.
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(16) The chief executive shall not be a member of the Commission, or a committee, but he or she may, in accordance with procedures established by the Commission or such a committee, as the case may be, attend meetings of the Commission or committee and shall be entitled to speak at and give advice at such meetings.
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(17) The chief executive shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Commission.
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(18) The chief executive may, with the consent of the Commission, authorise one or more members of staff of the Commission to perform a specified function of the chief executive and such member or members so authorised may perform the function accordingly.
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(19) If the chief executive—
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(a) dies, resigns or is removed from office, or
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(b) is for any reason temporarily unable to continue to perform his or her functions,
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the Commission may nominate such member or members of the staff of the Commission as it considers appropriate to perform the functions of the chief executive until—
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(i) in the circumstances mentioned in paragraph (a), a new chief executive is appointed in accordance with this section, or
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(ii) in the circumstances mentioned in paragraph (b), the chief executive is able to resume the performance of his or her functions.
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(20) The chief executive may resign his or her office by letter sent by registered post to the Minister and copied to the Chairperson of the Commission and the resignation shall take effect on the date on which the letter is received by the Minister.
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