First Previous (PART V Housing Supply) Next (Chapter II Organisation, Staffing, etc.)

30 2000

PLANNING AND DEVELOPMENT ACT, 2000

PART VI

An Bord Pleanála

Chapter I

Establishment and Constitution

Continuation of Bord Pleanála.

102. —(1) An Bord Pleanála shall continue in being notwithstanding the repeal of any enactment effected by this Act.

(2) The Board shall perform the functions assigned to it by this Act.

(3) The chairman, deputy chairman and any other member of the Board in office immediately prior to the coming into force of this section under an enactment repealed by this Act shall continue in office as chairperson, deputy chairperson and other member, respectively, for a term ending on the day on which his or her appointment would have expired under the repealed enactment.

Board to be body corporate, etc.

103. —(1) The Board shall be a body corporate with perpetual succession and a seal and power to sue and be used in its corporate name and to acquire, hold and dispose of land.

(2) The seal of the Board shall be authenticated by the signature of the chairperson or of some other member, or of an employee of the Board or of a person whose services are availed of by the Board by virtue of section 122 , who is authorised by the Board to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2)) of the Board shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown.

Board to consist of chairperson and 7 other members.

104. —(1) Subject to subsection (2) and (3) of this section, the Board shall consist of a chairperson and 7 other ordinary members.

(2) The Minister may by order increase the number of ordinary members where he or she is of the opinion that the number of appeals, referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objective under section 126 .

(3) Where an order is proposed to be made under subsection (2), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(4) (a) Notwithstanding subsection (2) of this section or subsection (3) of section 106 , where the Minister is of the opinion that one or more than one additional ordinary member should be appointed as a matter of urgency due to the number of appeals, referrals or other matters with which the Board is concerned, the Minister may, pending the making and approval of an order under subsections (2) and (3) of this section, appoint one or more than one person from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956 , or from among the employees of the Board, on a temporary basis.

(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of 9 months.

(5) An order made under subsection (2) shall have effect for such a period not exceeding 5 years as shall be specified therein.

Appointment of chairperson.

105. —(1) The chairperson shall be appointed by the Government.

(2) There shall be a committee (“the committee”) consisting of—

(a) the President of the High Court,

(b) the Cathaoirleach of the General Council of County Councils,

(c) the Secretary-General of the Department of the Environment and Local Government,

(d) the Chairperson of the Council of An Taisce — the National Trust for Ireland,

(e) the President of the Construction Industry Federation,

(f) the President of the Executive Council of the Irish Congress of Trade Unions, and

(g) the Chairperson of the National Women's Council of Ireland.

(3) Where—

(a) any of the persons referred to in subsection (2) signifies at any time his or her unwillingness or inability to act for any period as a member of the committee, or

(b) any of the persons referred to in subsection (2) is through ill-health or otherwise unable so to act for any period,

the Minister may, when making a request under subsection (7), appoint another person to be a member of the committee in his or her place and that person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(4) Where the Minister makes a request under subsection (7) and at the time of making the request any of the offices referred to in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and that person shall remain a member of the committee until such time as the selection of the committee pursuant to the request is made.

(5) Where, pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he or she shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.

(6) (a) The Minister may by order amend subsection (2).

(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).

(c) Where an order under this subsection is proposed to be made, the Minister shall cause a draft thereof to be laid before both Houses of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(d) Where an order under this subsection is in force, subsection (2) shall be construed and have effect subject to the terms of the order.

(7) (a) The committee shall, whenever so requested by the Minister, select 3 candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the chairperson and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected and of the reasons why, in the opinion of the committee, they are or he or she is suitable for the appointment.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications or personal qualities which the committee considers appropriate to enable a person effectively to perform the functions of the chairperson.

(8) Except in the case of a re-appointment under subsection (12), the Government shall not appoint a person to be the chairperson unless the person was selected by the committee under subsection (7) in relation to that appointment but—

(a) if the committee is unable to select any suitable candidate pursuant to a particular request under subsection (7), or

(b) if the Government decides not to appoint to be the chairperson any of the candidates selected by the committee pursuant to a particular request,

then either—

(i) the Government shall appoint a person to be the chairperson who was a candidate selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(ii) the Minister shall make a further request to the committee and the Government shall appoint to be the chairperson a person who is selected by the committee pursuant to the request or pursuant to a previous request.

(9) The Minister may make regulations as regards—

(a) the publication of the notice that a request has been received by the committee under subsection (7),

(b) applications for selection by the committee, and

(c) any other matter which the Minister considers expedient for the purposes of this section.

(10) 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) a member of a local authority,

shall be disqualified from being appointed as the chairperson.

(11) The chairperson shall be appointed in a wholetime capacity and shall not at any time during his or her term of office hold any other office or employment in respect of which emoluments are payable.

(12) Subject to the other provisions of this section, the chairperson shall hold office for a term of 7 years and may be re-appointed by the Government for a second or subsequent term of office, provided that a person shall not be re-appointed under this subsection unless, at the time of his or her re-appointment, he or she is or was the outgoing chairperson.

(13) (a) The chairperson may resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.

(b) The chairperson shall vacate the office of chairperson on attaining the age of 65 years.

(c) A person shall cease to be the chairperson if he or she—

(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas or to the European Parliament,

(ii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to that Parliament to fill a vacancy, or

(iii) becomes a member of a local authority.

(d) A person shall cease to be the chairperson if he or she—

(i) is adjudicated bankrupt,

(ii) makes a composition or arrangement with creditors,

(iii) is convicted of any indictable offence in relation to a company,

(iv) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(v) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(vi) is the subject of an order under section 160 of the Companies Act, 1990 , or

(vii) ceases to be resident in the State.

(14) (a) There shall be paid by the Board to the chairperson the same salary as is paid to a judge of the High Court.

(b) Subject to the provisions of this section, the chairperson shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, determines.

(15) The chairperson may be removed from office by the Government if he or she has become incapable through ill-health of effectively performing his or her functions, or if he or she has committed stated misbehaviour, or if his or her removal appears to the Government to be necessary for the effective performance by the Board of its functions, and in case the chairperson is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

Appointment of ordinary members.

106. —(1) The Minister shall appoint 7 ordinary members of the Board as follows:

(a) one member shall be appointed from among persons selected by prescribed organisations which in the Minister's opinion are representative of persons whose professions or occupations relate to physical planning, engineering and architecture;

(b) one member shall be appointed from among persons selected by prescribed organisations which in the Minister's opinion are representative of persons concerned with the protection and preservation of the environment and of amenities;

(c) one member shall be appointed from among persons selected by prescribed organisations which in the Minister's opinion are concerned with economic development, the promotion of and carrying out of development, the provision of infrastructure or the development of land or otherwise connected with the construction industry;

(d) one member shall be appointed from among persons selected by prescribed organisations which in the Minister's opinion are representative of the interests of local government;

(e) one member shall be appointed from among persons nominated by such trade unions, bodies representing farmers and bodies that, in the opinion of the Minister, have a special interest or expertise in matters relating to rural and local community development, as may be prescribed;

(f) one member shall be appointed from among persons nominated by such voluntary bodies, bodies having charitable objects and bodies that, in the opinion of the Minister, have a special interest or expertise in matters relating to the promotion of the Irish language, the promotion of the arts and culture or that are representative of people with disability, as may be prescribed;

(g) one member shall be appointed from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956 .

(2) The Minister shall prescribe at least 2 organisations for the purposes of each of paragraphs (a) to (f) of subsection (1).

(3) Where the Minister decides to appoint one or more members to the Board pursuant to an order under section 104 (2)

(a) where not more than 5 additional members are appointed, not more than one shall be appointed from among persons selected by organisations which are prescribed for the purposes of a particular paragraph of subsection (1);

(b) where more than 5 but not more than 10 additional members are appointed, not more than 2 shall be appointed from among persons selected by organisations which are prescribed for the purposes of a particular paragraph of subsection (1).

(4) An organisation prescribed for the purposes of paragraph (a), (b), (c), (d), (e) or (f) of subsection (1), shall, whenever so requested by the Minister, nominate such number of candidates (not being less than two) as the Minister may specify for appointment as an ordinary member and shall inform the Minister of the names of the candidates nominated and of the reasons why, in the opinion of the organisation, they are suitable for appointment.

(5) Except in the case of an appointment pursuant to subsection (1)(g) or a re-appointment under subsection (12) and subject to subsection (6) and section 108 (4), the Minister shall not appoint a person to be an ordinary member unless the person was nominated pursuant to a request under subsection (4) in relation to that appointment.

(6) Where—

(a) pursuant to a particular request under subsection (4), an organisation refuses or fails to nominate any candidate, or

(b) the Minister decides not to appoint as an ordinary member any candidate nominated by the organisations pursuant to a particular request under that subsection,

then—

(i) the Minister shall appoint as an ordinary member a person who was among those nominated by such an organisation pursuant to a previous request (if any) under that subsection in relation to that appointment,

(ii) the Minister shall make a further request and shall appoint as an ordinary member a person who was among those nominated pursuant to that request or pursuant to another request made in relation to that appointment, or

(iii) the Minister shall appoint as an ordinary member a person selected by a committee established under subsection (7).

(7) (a) There shall be a committee (“the committee”) consisting of—

(i) the chairperson,

(ii) the Assistant-Secretary of the Department of the Environment and Local Government with responsibility for planning and sustainable development, and

(iii) the Chairperson of the Heritage Council.

(b) The committee shall, whenever so requested by the Minister—

(i) by notice in one or more national newspapers, invite applications for appointment as an ordinary member by suitably qualified persons,

(ii) select 3 candidates, or if in the opinion of the committee there is not such a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment as an ordinary member, having regard to the knowledge and experience and other qualifications or personal qualities which the committee considers appropriate to enable a person effectively to perform the functions of an ordinary member, and

(iii) inform the Minister of the names of the candidates or, as may be appropriate, the name of the candidate, selected and of the reasons why, in the opinion of the committee, they are or he or she is suitable for the appointment.

(8) Where a request is made under subsection (4), failure or refusal by the organisation of whom the request is made to nominate the number of candidates specified in the request shall not preclude the appointment as an ordinary member of a person who was nominated in relation to that appointment either by the organisation or by any other organisation.

(9) The Minister may make regulations as regards—

(a) the period within which the Minister is to be informed in accordance with subsection (4), and

(b) any other matter which the Minister considers expedient for the purposes of this section.

(10) 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) a member of a local authority,

shall be disqualified from being appointed as an ordinary member.

(11) Each of the ordinary members shall be appointed in a whole-time capacity and shall not at any time during his or her term of office hold any other office or employment in respect of which emoluments are payable.

(12) Subject to section 108 (4)(b), an ordinary member shall hold office for such term (not exceeding 5 years) as shall be specified by the Minister when appointing him or her to office and may be re-appointed by the Minister for a second or subsequent term of office provided that a person shall not be re-appointed under this subsection unless, at the time of his or her re-appointment, he or she is or was an outgoing member of the Board.

(13) (a) An ordinary member may resign his or her membership by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.

(b) A person shall vacate the office of ordinary member on attaining the age of 65 years.

(c) A person shall cease to be an ordinary member if he or she—

(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas or to the European Parliament,

(ii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to that Parliament to fill a vacancy, or

(iii) becomes a member of a local authority.

(d) A person shall cease to be an ordinary member of the Board if he or she—

(i) is adjudicated bankrupt,

(ii) makes a composition or arrangement with creditors,

(iii) is convicted of any indictable offence in relation to a company,

(iv) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(v) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(vi) is the subject of an order under section 160 of the Companies Act, 1990 , or

(vii) ceases to be resident in the State.

(14) (a) There shall be paid by the Board to each ordinary member such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(b) Subject to the other provisions of this section, an ordinary member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines.

(15) An ordinary member may be removed from office by the Minister if he or she has become incapable through ill-health of effectively performing his or her functions, or if he or she has committed stated misbehaviour, or if his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions, and in case an ordinary member is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

Appointment of deputy chairperson.

107. —(1) The Minister shall appoint from among the ordinary members a person to be the deputy chairperson and the appointment shall be for such period as shall be specified in the appointment.

(2) If at any time the deputy chairperson ceases to be an ordinary member of the Board, he or she shall thereupon cease to be the deputy chairperson.

(3) The deputy chairperson shall, in addition to his or her remuneration as an ordinary member, be paid by the Board such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, determines.

(4) The deputy chairperson may resign his or her office as deputy chairperson by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.

Board's quorum, vacancies, etc.

108. —(1) The quorum for a meeting of the Board shall be 3.

(2) Subject to subsection (1), the Board may act notwithstanding a vacancy in the office of chairperson or deputy chairperson or among the ordinary members.

(3) Where a vacancy occurs or is due to occur in the office of chairperson or deputy chairperson or among the ordinary members, the Minister shall, as soon as may be, take steps to fill the vacancy.

(4) (a) Where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board effectively to perform its functions, the Minister may, as an interim measure, appoint from among the officers referred to in section 106 (1)(g) or the employees of the Board, one or more persons to be an ordinary member.

(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of one year.