Mental Health Act 20266

Removal of member of Board

104. (1) The Minister may at any time remove from office a member of the Board if, in the opinion of the Minister—

(a) the member has, without reasonable excuse, failed to discharge the functions of the office,

(b) the member has become incapable through ill-health of effectively performing his or her functions,

(c) the member has committed stated misbehaviour, or

(d) the member’s removal is necessary for the effective and efficient performance by the Board of its functions.

(2) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged,

(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 on indictment of an offence,

(e) is convicted of an offence involving fraud or dishonesty,

(f) has a declaration under section 819 of the Act of 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 Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or

(h) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession in the State or another jurisdiction.