Climate Action and Low Carbon Development Act 2015
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Membership of Advisory Council and related matters | ||
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9. (1) The Advisory Council shall consist of— | ||
(a) a chairperson, and | ||
(b) not fewer than 8 and not more than 10 ordinary members (including ordinary members to whom subsection (2) applies). | ||
(2) Each of the following shall, ex officio, be ordinary members of the Advisory Council : | ||
(a) the Director General of the Agency; | ||
(b) the Chief Executive of Sustainable Energy Ireland - The Sustainable Energy Authority of Ireland; | ||
(c) the Director of Teagasc - The Agriculture and Food Development Authority; and | ||
(d) the Director of the Economic and Social Research Institute. | ||
(3) The chairperson and ordinary members (other than an ordinary member to whom subsection (2) applies) of the Advisory Council shall be appointed by the Government, on the nomination of the Minister. | ||
(4) (a) In nominating the chairperson and the ordinary members (other than ordinary members to whom subsection (2) applies) of the Advisory Council, the Minister shall have regard to the range of qualifications, expertise and experience necessary for the proper and effective performance of the functions of the Advisory Council. | ||
(b) In appointing the chairperson and the ordinary members (other than ordinary members to whom subsection (2) applies) of the Advisory Council, the Government shall have regard to the range of qualifications, expertise and experience necessary for the proper and effective performance of the functions of the Advisory Council. | ||
(5) (a) The chairperson of the Advisory Council shall hold office for such period not exceeding 5 years as the Minister shall determine. | ||
(b) An ordinary member (other than an ordinary member to whom subsection (2) applies) of the Advisory Council shall hold office for such period not exceeding 5 years as the Minister shall determine. | ||
(6) Subject to subsection (7), the chairperson and an ordinary member (other than an ordinary member to whom subsection (2) applies) of the Advisory Council whose term of office expires by the efflux of time shall be eligible for reappointment to the Advisory Council. | ||
(7) (a) A chairperson who has served 2 terms of office shall not be eligible for reappointment to the Advisory Council as chairperson or as an ordinary member. | ||
(b) An ordinary member of the Advisory Council (other than an ordinary member to whom subsection (2) applies) who has served 2 terms of office shall not be eligible for reappointment to the Advisory Council. | ||
(8) A member of the Advisory Council shall hold office on such terms and conditions (including terms and conditions in relation to allowances for expenses) as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform. | ||
(9) A member of the Advisory Council may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice. | ||
(10) The Government may, at any time, remove— | ||
(a) the chairperson, and | ||
(b) an ordinary member (other than an ordinary member to whom subsection (2)) applies, | ||
of the Advisory Council from office if, in the opinion of the Government, the chairperson, or such ordinary member, has become incapable through ill health of effectively performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Government to be necessary for the effective performance by the Advisory Council of its functions. | ||
(11) If a member of the Advisory Council— | ||
(a) is nominated as a member of Seanad Éireann, | ||
(b) is elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament, or | ||
(d) becomes a member of a local authority, | ||
he or she thereupon ceases to be a member of the Advisory Council. | ||
(12) A person who is for the time being— | ||
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein, | ||
(b) a member of the European Parliament, or | ||
(c) entitled under the standing orders of a local authority to sit as a member thereof, | ||
shall, while he or she is so entitled or is such a member, be disqualified from membership of the Advisory Council. | ||
(13) A member of the Advisory Council shall cease to be qualified for office and shall cease to hold office if he or she— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is convicted of an indictable offence in relation to a company, | ||
(d) is convicted of an offence involving fraud or dishonesty, whether or not in connection with a company, | ||
(e) is sentenced by a court of competent jurisdiction to a term of imprisonment, or | ||
(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 . | ||
(14) (a) If a member of the Advisory Council dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Government may appoint a person to be a member of the Advisory Council to fill the casual vacancy so occasioned in the same manner as the member of the Advisory Council who occasioned the casual vacancy was appointed. | ||
(b) A person appointed to be a member of the Advisory Council pursuant to paragraph (a) shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall, subject to this section, be eligible for reappointment as a member of the Advisory Council on the expiry of such period. | ||
(15) The Advisory Council may act notwithstanding one or more than one vacancy among its members. | ||
(16) The Advisory Council may establish committees consisting, in whole or in part, of persons who are members of the Advisory Council to— | ||
(a) assist and advise it in relation to the performance of any or all of its functions, and | ||
(b) perform such functions of the Advisory Council as it may, with the consent of the Minister, delegate to the committee. | ||
(17) The chairperson of a committee established under subsection (16) shall be a member (other than an ordinary member to whom subsection (2) applies) of the Advisory Council. | ||
(18) The Agency shall— | ||
(a) provide the Advisory Council with such services of a secretarial and administrative nature as is appropriate for the performance by the Advisory Council of its functions, and | ||
(b) permit the Advisory Council to avail of the use of its premises, or such part of its premises as, following consultation between the Advisory Council and the Agency, is considered appropriate, for the purposes of the performance by the Advisory Council of its functions. |