Mental Health Act 20266

Removal of Chief Executive Officer

111. (1) The Board may, with the consent of the Minister, at any time, remove the Chief Executive Officer from office if, in the Board’s opinion—

(a) the Chief Executive Officer has, without reasonable excuse, failed to discharge the functions of the office,

(b) the Chief Executive Officer has become incapable through ill-health of performing his or her functions,

(c) the Chief Executive Officer has committed stated misbehaviour, or

(d) the removal of the Chief Executive Officer appears to the Board to be necessary for the effective performance by the Commission of its functions.

(2) If the Chief Executive Officer is removed from office in accordance with subsection (1), the Board shall provide the Chief Executive Officer with a statement of reasons for the removal.

(3) The Chief Executive Officer 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, or

(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.