Mental Health Act, 2001

Terms of office of members of Commission.

36.—(1) A member of the Commission shall hold office for such period not exceeding 5 years and on such other terms as the Minister may determine.

(2) A member of the Commission may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(3) Each member of the Commission shall be paid such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may, with the consent of the Minister for Finance, determine.

(4) A member of the Commission may at any time be removed from membership of the Commission by the Minister if, in the Minister's opinion, the member has become incapable of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Commission of its functions.

(5) (a)  If a member of the Commission dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Commission to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Commission who occasioned the casual vacancy.

(b)  Subject to the other provisions of this section, a person appointed to be a member of the Commission by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill.

(6) A member of the Commission shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

(7) A member of the Commission whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of the Commission.