National Cultural Institutions (National Concert Hall) Act 2015

PART 4

Staff of NCH

Chief executive officer

18. (1) There shall be a chief executive officer of the NCH who shall be known as and is referred to in this Act as the chief executive officer.

(2) The chief executive officer shall be appointed by the Board with the approval of the Minister and may with the approval of the Minister be removed from office by the Board for stated reasons.

(3) (a) The chief executive officer shall carry on, manage and control generally the administration and business of the NCH and shall perform such other functions (if any) as may be delegated by the Board.

(b) The chief executive officer shall perform his or her functions, subject to such policies as may be determined from time to time by the Board, and shall be accountable to the Board for the efficient and effective management of the NCH and for the due performance of his or her functions.

(c) The chief executive officer may make proposals to the Board on any matter relating to the functions of the NCH.

(d) The chief executive officer shall provide the Board with any information (including financial information) in relation to the performance of his or her functions as the Board may request.

(4) The chief executive officer—

(a) shall hold office on such conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined from time to time by the Board with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, and

(b) shall be paid by the Board out of moneys at its disposal.

(5) The chief executive officer shall not be a member of the Board or a committee, but may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or a committee and shall be entitled to speak at and advise such meetings.

(6) The chief executive officer shall not hold any office or position in respect of which emoluments are payable or carry on any business, without the consent of the Board.

(7) Notwithstanding the dissolution of the National Concert Hall Company under section 31 , the chief executive officer of the National Concert Hall Company immediately before the dissolution of the National Concert Hall Company shall continue to hold office under this Act—

(a) as if, on that dissolution, the Board had appointed the person concerned to be the chief executive officer appointed in accordance with subsection (2) for such period, if any, that remained of any contract of employment made between that person and the Company, and

(b) on the same conditions (including those relating to the termination of appointment) as the person held office immediately before that dissolution.

(8) The chief executive officer shall be the accountable person in relation to the accounts of the NCH and shall whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Board is required by this Act to prepare,

(b) the economy and efficiency of the Board in the use of its resources,

(c) the systems, procedures and practices employed by the NCH for the purposes of evaluating the effectiveness of its operations, and

(d) any matter affecting the NCH referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General, in so far as it relates to a matter specified in paragraph (a), (b)or (c), that is laid before Dáil Éireann.

(9) In the performance of the duties of chief executive officer under subsection (8), the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(10) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this section may be performed by a member of staff of the NCH designated by the Board.