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Removal of chief executive
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23. (1) The members of the Commission may, by a simple majority, remove the chief executive from office if they are satisfied that one or more of the grounds specified in subsection (2) apply to the chief executive.
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(2) The grounds referred to in subsection (1) are that—
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(a) the chief executive has become incapable, through ill-health, of performing his or her functions,
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(b) the chief executive has committed stated misbehaviour, or
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(c) the removal of the chief executive is necessary for the effective and efficient performance by the Commission of its functions.
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(3) Where the members propose to remove the chief executive from office under subsection (1), they shall notify the chief executive in writing of the proposal.
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(4) A notification under subsection (3) shall include a statement—
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(a) of the reasons for the proposed removal,
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(b) that the chief executive may, within 30 working days of the sending of the notification or such longer period as the members may, having regard to the requirements of natural justice specify, make representations to the members in such form and manner as may be specified by the members as to why the chief executive should not be removed from office, and
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(c) that, where no representations are received within the period referred to in paragraph (b), the members shall, without further notice to the chief executive, proceed with the removal of the chief executive from office in accordance with this section.
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(5) In considering whether to remove the chief executive from office under subsection (1), the members shall take into account—
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(a) any representations made pursuant to subsection (4)(b), and
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(b) any other matter that the members consider relevant for the purposes of their decision.
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(6) Where, having taken into account the matters referred to in subsection (5), the members decide to remove the chief executive from office, they shall notify, in writing, the chief executive, the Joint Oireachtas Committee and the Minister of their decision and the reasons for their decision.
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