Consumer Protection Act 2007

Chief executive.

14.— (1) There shall be a chief executive officer of the Agency who shall be known, and is referred to in this Act, as the chief executive.

(2) The chief executive shall, subject to subsection (3), be appointed by the Agency with the approval of the Minister and may, with the approval of the Minister, be removed from office for stated reasons by the Agency.

(3) Where a competition to appoint a chief executive is held prior to the establishment day the successful candidate may be appointed by the Minister as the chief executive designate of the Agency.

(4) The chief executive—

(a) shall hold office under a written contract of service (which contract may be renewed) for such period, not being more than 5 years, as is specified in the contract, subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as are so specified, being terms and conditions which are determined from time to time by the Agency with the approval of the Minister given with the consent of the Minister for Finance, and

(b) shall be paid out of monies at the disposal of the Agency.

(5) The chief executive shall not hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business, without the consent of the Agency and the approval of the Minister.

(6) The chief executive is subject to the control of the members of the Agency and, except as regards voting at meetings of the Agency, is required to comply with any lawful directions given by those members with respect to the carrying out of the chief executive’s functions.

(7) The person who, immediately before the establishment day, holds the position of chief executive designate of the Agency shall, on the establishment day, become the chief executive and shall hold such office until such time as the Agency appoints a chief executive under subsection (2).

(8) A person who was the chief executive shall not, for a period of 12 months following his or her resignation, removal or retirement from office, hold any other office or employment or act as a consultant where he or she is likely to use or disclose information acquired by him or her in the performance of his or her functions as chief executive.

(9) Notwithstanding subsection (8), a person who was the chief executive shall not be precluded from—

(a) holding any office or employment in the Civil Service or any public body, or

(b) acting as a consultant to the Agency, the Minister or any other Minister of the Government,

during the period referred to in that subsection.