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Removal of chief executive
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29. (1) The Board may, by a simple majority, remove the chief executive from office if it is satisfied that one or more of the grounds specified in subsection (2) apply to the chief executive.
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(2) The grounds referred to in subsection (1) are that—
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(a) the chief executive has become incapable, through ill-health, of performing his or her functions,
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(b) the chief executive has committed stated misbehaviour, or
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(c) the removal of the chief executive is necessary for the effective and efficient performance of the Authority’s functions.
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(3) Where the Board proposes to remove the chief executive from office under subsection (1), it shall notify the chief executive in writing of the proposal.
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(4) A notice under subsection (3) shall include a statement—
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(a) of the reasons for the proposed removal,
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(b) that the chief executive may make representations to the Board in such form and manner as may be prescribed,
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(c) that any such representations must be made within a period of 20 working days from the date of the giving of the notice, or such longer period as the Board may, having regard to the requirements of natural justice, specify in the notice, and
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(d) that at the end of the period referred to in paragraph (c) or in the notice, whether or not any representations are made, the Board shall decide whether to remove the chief executive from office.
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(5) In considering whether to remove the chief executive from office under subsection (1), the Board shall take into account—
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(a) any representations made pursuant to paragraph (b) and (c) of subsection (4), and
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(b) any other matter that the Board considers relevant for the purposes of its decision.
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(6) Where, after giving notice under subsection (3), the Board decides not to remove the chief executive from office, the Board shall notify the chief executive in writing of the decision.
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(7) Where, after giving notice under subsection (3), the Board decides to remove the chief executive from office, it shall—
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(a) notify the chief executive and the Minister, in writing, of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notice under this paragraph),
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(b) lay before each House of the Oireachtas a statement in writing of the decision and the reasons for it,
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(c) provide a statement in writing of the decision and the reasons for it to the Oireachtas Committee to which the Oireachtas has assigned the role of examining matters relating to the automatic enrolment retirement savings system, and
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(d) provide a copy of the statement referred to in paragraph (b) to the chief executive.
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