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Chief executive of Board
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18. (1) There shall be a chief executive officer of the Board (in this Act referred to as the “chief executive”) who, subject to subsections (2) and (3), shall be appointed by the Board with the consent of the Minister and the Minister for Public Expenditure and Reform.
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(2) The Minister may, before the establishment day, designate a person to be appointed to be the first chief executive of the Board.
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(3) If, immediately before the establishment day, a person stands designated by the Minister under subsection (2), the Board shall appoint that person to be the first chief executive.
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(4) The chief executive shall hold office under a written contract of service for such period as is specified in the contract, not exceeding 5 years, and subject to such terms and conditions (including terms and conditions relating to remuneration) as are specified in the contract, as may be determined by the Board with the approval of the Minister and the Minister for Public Expenditure and Reform.
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(5) A contract referred to in subsection (4) may, at the discretion of the Board and with the consent of the Minister, be renewed, provided the aggregate of the periods for which the chief executive holds office thereunder shall not exceed 10 years.
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(6) The chief executive shall—
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(a) implement the policies, procedures and decisions of the Board,
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(b) manage and control generally the Board’s staff, administration and business,
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(c) be responsible to the Board for the performance of his or her functions, and
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(d) perform such other functions (if any) as may be required by the Board to be performed by him or her or as may be authorised under this Act.
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(7) The chief executive may be removed or suspended from office by the Board, with the consent of the Minister, for stated reasons.
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(8) The chief executive shall not be a member of the Board but may, in accordance with procedures determined by the Board, attend meetings of the Board and shall be entitled to speak at and give advice at such meetings.
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(9) The chief executive shall provide the Board with such information, including financial information, in respect of the performance of the chief executive’s functions as the Board may require.
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(10) The chief executive shall not hold any other office or position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Board given with the approval of the Minister.
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(11) Such of the functions of the chief executive as the chief executive may specify may, with the consent of the Board, be delegated to such member or members of the staff of the Board as the chief executive may authorise for that purpose, and that member or those members of staff shall be accountable to the chief executive for the performance of the functions so delegated.
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(12) The chief executive shall be accountable to the Board for the performance of functions delegated by him or her in accordance with subsection (11).
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(13) If the chief executive—
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(a) dies, resigns, becomes disqualified for or is removed from office, or
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(b) is for any reason temporarily unable to continue to perform his or her functions,
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the Board may designate such member or members of the staff of the Board as it considers appropriate to perform the functions of the chief executive until—
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(i) in the circumstances mentioned in paragraph (a), a new chief executive is appointed in accordance with this section,
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(ii) in the circumstances mentioned in paragraph (b), the chief executive is able to resume the performance of his or her functions, or
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(iii) the Board decides to revoke or alter a designation made under this subsection.
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