Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022
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Amendment of section 9 of Act of 2000 | ||
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3. The Act of 2000 is amended by the substitution of the following section for section 9: | ||
“9. (1) The Board shall consist of not fewer than 5 members and not more than 7 members who shall be appointed by the Minister. | ||
(2) The members of the Board appointed under subsection (1) shall be persons who, in the opinion of the Minister, have particular knowledge of, and experience and expertise in, (but not limited to) one or more of the following matters: | ||
(a) corporate governance and management; | ||
(b) accident investigation; | ||
(c) marine engineering, nautical science or navigation, or naval architecture; | ||
(d) health and safety management; | ||
(e) maritime law and regulation; | ||
(f) legal and legislative matters; | ||
(g) risk management, finance, business or administration; | ||
(h) other matters relevant to the functions of the Board. | ||
(3) The following persons shall not be eligible for appointment as a member of the Board under subsection (1): | ||
(a) a person who holds, or held at any time during the 5 year period immediately before the relevant date— | ||
(i) an established position as a civil servant as an officer of the Minister, or | ||
(ii) an unestablished position as a civil servant as an officer of the Minister; | ||
(b) a person who is, or was at any time during the 5 year period immediately before the relevant date, a special adviser to the Minister or to a Minister of State appointed under section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 and assigned to act as Minister of State at the Department of Transport. | ||
(4) Of the members of the Board appointed under subsection (1), the Minister shall appoint one member to be the Chairperson of the Board and another member to be the Deputy Chairperson of the Board to perform the functions of the Chairperson during any vacancy in the office of the Chairperson or where the Chairperson is absent from, or for any reason is unable to perform the functions of, his or her office. | ||
(5) When appointing the members of the Board under subsection (1), the Minister shall have regard to the objective that at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men. | ||
(6) In this section— | ||
‘Act of 2004’ means the Public Service Management (Recruitment and Appointments) Act 2004 ; | ||
‘civil servant’ has the meaning assigned to it by the Civil Service Regulation Act 1956 ; | ||
‘established position’ has the meaning assigned to it by the Act of 2004; | ||
‘relevant date’ means the date on which the vacancy in the membership of the Board occurs or, if there is more than one vacancy to be filled, the date of the vacancy which first occurred; | ||
‘special adviser’ means a person appointed as a special adviser under section 11 of the Public Service Management Act 1997 ; | ||
‘unestablished position’ has the meaning assigned to it by the Act of 2004.”. |