PART II.

Bord na Móna.

7. —(1) There shall, by virtue of this section, be established on the establishment date a board to be styled and known as Bord na Móna.

(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and power to sue and be sued in its corporate name and to hold land.

8. —(1) The Board shall consist of a chairman and a managing director, and such number (not being more than five) of other members as the Government shall from time to time determine.

(2) The Chairman of the Board shall be that member of the Board who, at the time of his appointment to be a member of the Board or subsequently, is appointed by the Government to be such chairman.

(3) The managing director of the Board shall be that member of the Board who, at the time of his appointment to be a member of the Board or subsequently, is appointed by the Government to be such managing director.

9. —(1) The members of the Board shall be appointed by the Government from time to time as occasion requires.

(2) (a) Every person appointed to be a member of the Board shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him,

(b) A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment.

(3) Each member of the Board shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment.

(4) Every member of the Board shall be paid out of funds at the disposal of the Board such remuneration and such allowances for expenses as shall be determined by the Minister with the consent of the Minister for Finance.

10. —(1) If at any time it appears to the Government that the removal from office of all or any of the members of the Board is necessary in the interests of the effective and economical performance of the functions of the Board, the Government may remove from office all or so many of the members of the Board as the Government considers necessary in the interests aforesaid.

(2) The Government may at any time remove from office any member of the Board who has become incapable through ill-health of performing efficiently his duties as such member or who has (otherwise than for a reason considered by the Government to be sufficient) been absent from all meetings of the Board during a period of six consecutive months.

(3) If and whenever the Government removes from office under this section any member of the Board, the Government shall lay before each House of the Oireachtas a statement in writing of the fact of the removal from office of such member and of the reasons for such removal.

11. —(1) A member of the Board may at any time resign his office as such member by letter addressed and sent to the Government.

(2) If and whenever a member of the Board is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or ceases to be ordinarily resident in the national territory, he shall be disqualified from holding and shall cease to hold office as a member of the Board.

12. —A member of the Board who has—

(a) any interest in any company or concern with which the Board proposes to make any contract, or

(b) any interest in any contract which the Board proposes to make,

shall disclose to the Board the fact of such interest and the nature thereof, and shall take no part in any deliberation or decision of the Board relating to such contract, and such disclosure shall be recorded in the minutes of the Board.

13. —(1) The Board shall provide and have a common seal, and such seal shall be authenticated by the signature of the Chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.

(2) All courts of justice shall take judicial notice of the seal of the Board, and every document purporting to be an order or other instrument made by the Board and to be sealed with the seal of the Board authenticated in accordance with this section shall be received in evidence and be deemed to be such order or instrument without further proof unless the contrary is shown.

14. —(1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) The procedure of the Board at its meetings and otherwise shall be conducted in accordance with the provisions of rules in that behalf made by the Board under this Act.

(3) The quorum for a meeting of the Board shall be such number (not less than three) as the Board may from time to time determine.

(4) The Board may act notwithstanding a vacancy in its membership.

15. —(1) The Board shall appoint such and so many officers and servants as the Board from time to time think proper.

(2) The Board may at any time remove any officer or servant of the Board from being such officer or servant.

(3) There shall be paid by the Board to its officers and servants out of funds at its disposal such remuneration and allowances as the Board shall determine.

(4) The Board may, if it thinks fit, for the purposes of an appointment under subsection (1) of this section request the Local Appointments Commissioners to recommend to it a person for that appointment, and the said Commissioners on receiving that request shall select and recommend to the Board one person for that appointment, and the Board on receiving from the said Commissioners such recommendation shall appoint to such situation the person so recommended.

(5) The Board shall pay to the Local Appointments Commissioners out of funds at its disposal such expenses in respect of the selection and recommendation by the said Commissioners of persons under subsection (4) of this section, as shall be fixed by agreement between the Board and the said Commissioners with the consent of the Minister for Finance or, in default of agreement, by the said Minister.

16. —The Board may exercise and perform any of its functions through or by the managing director or through or by any of its officers or servants authorised by the Board in that behalf.