STATUTORY INSTRUMENTS.

S.I. No. 336 of 2001.

PLANNING AND DEVELOPMENT (APPOINTMENT OF CHAIRPERSON AND ORDINARY MEMBERS OF AN BOARD PLEANÁLA) REGULATIONS, 2001.

Dublin

Published by the Stationery Office

S.I. No. 336 of 2001.

PLANNING AND DEVELOPMENT (APPOINTMENT OF CHAIRPERSON AND ORDINARY MEMBERS OF AN BOARD PLEANÁLA) REGULATIONS, 2001.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 105, 106 and 262 of the Planning and Development Act, 2000 (No. 30 of 2000) hereby makes the following Regulations:

Citation and commencement.

1.       (1)      These Regulations may be cited as the Planning and Development (Appointment of Chairperson and Ordinary Members of An Board Pleanála) Regulations, 2001.

(2)      These Regulations and the Planning and Development Regulations, 2000 to 2001 shall be construed as one and may be collectively cited as the Planning and Development Regulations, 2000 to 2001.

Interpretation.

2.                 In these Regulations, except where the context otherwise requires,-

“the Act” means the Planning and Development Act, 2000 ,

“the committee” means, except where otherwise specified,

(a) where a request is made under section 105(7) of the Act for the selection of candidates for appointment to be the chairperson, the committee referred to in that section, or

(b) where a request is made under section 106(7) of the Act for the selection of candidates for appointment to be an ordinary member, the committee referred to in that section.

Procedure where request under section 105(7) or 106(7) of Act made to committee.

3.       (1)     Whenever a request is made to the committee under section 105(7) or 106(7) of the Act for the selection of candidates for appointment to be the chairperson or as an ordinary member, as appropriate,--

(a) the committee shall meet on a day and at a time and place determined by the President of the High Court in the case of the committee referred to in section 105 of the Act, or by the chairperson in the case of the committee referred to in section 106 of the Act, and such determination shall be communicated to the other members of the committee, and

(b) the committee shall, before selecting candidates for appointment to be the chairperson or an ordinary member, as appropriate, pursuant to the request, cause an advertisement to be published inviting applications for appointment to such office.

(2)     An advertisement referred to in sub-article (1) (b) shall specify a period of not less than 3 weeks for the making of applications and any application which is not received by the committee within the period so specified shall be invalid.

Content of application.

4.                 An application for selection by the committee shall include a curriculum vitae and particulars of the special knowledge and experience and other qualifications and personal qualities which the applicant considers relevant to the application.

Requirement to submit further particulars.

5.                 Where the committee receives an application for selection by the committee, it may require the applicant to submit, within a period of not more than 3 weeks, such further particulars as it may require (including any evidence which the committee may reasonably require to verify any particulars given by the applicant in, or in relation to, the application).

Interviewing of applicants.

6.      (1)      Where the committee considers it necessary for the purposes of selecting candidates it may, subject to sub-article (2), invite applicants to attend for interview on a day and at a time and place specified by the committee.

(2)     Where the committee decides to invite applicants to attend for interview in accordance with sub-article (1), the committee may, at its absolute discretion, having examined the information contained in the applications and having regard to the special knowledge and experience and other qualifications and personal qualities which the committee considers appropriate to enable a person effectively to perform the functions of the chairperson or of an ordinary member, as appropriate, invite to attend for interview only those applicants who appear to it to be likely to be suitable to be considered for selection as candidates for appointment as chairperson or as an ordinary member, as appropriate.

Cesser of entitlement to further consideration by committee.

7.       (1)     Subject to sub-article (2), an applicant who does not attend for interview on the day and at the time and place specified by the committee or who does not furnish such particulars or evidence as may be required by the committee under article 5 within the period specified in that article shall not be entitled to further consideration by the committee for selection as a candidate for appointment as chairperson or as an ordinary member, as appropriate.

(2)     Notwithstanding sub-article (1), the committee may, at its absolute discretion, invite any person who did not attend for interview on the day and at the time and place previously specified by the committee for interview on another day and at a time and place specified by the committee.

Procedure of committee.

8.       (1)      The committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2)      (a)  The quorum for a meeting of the committee referred to in section 105 of the Act shall be 4.

(b)  The President of the High Court shall preside at meetings of the committee referred to in section 105 of the Act at which he or she is present.

(c)  If the President of the High Court is not present at a meeting of the committee referred to in section 105 of the Act, a member of that committee selected by the committee shall preside at the meeting.

(3)     (a)  The Chairperson shall preside at meetings of the committee referred to in section 106 of the Act.

(b)  All members of the committee referred to in section 106 of the Act shall be present at meetings of the committee.

(4)     Every question at a meeting of the committee shall be determined by a majority of votes of the members present.

(5)     Subject to the foregoing provisions of this article, the committee shall regulate its own procedure.

Secretary of Committee.

9.                An officer of the Minister designated by the Secretary-General of the Department of the Environment and Local Government shall act as secretary of the committee.

Prescribed organisations for purposes of section 106(1) of Act.

10.     (1)      The prescribed organisations for the purposes of section 106(1)(a) of the Act shall be--

(a)  the Irish Planning Institute,

(b)  the Royal Town Planning Institute, Irish Branch -- Southern Section,

(c)  the Institution of Engineers of Ireland,

(d)  the Society of Chartered Surveyors in the Republic of Ireland,

(e)  the Royal Institute of the Architects of Ireland, and

(f)  the Association of Consulting Engineers of Ireland.

(2)     The prescribed organisations for the purposes of section 106(1)(b) of the Act shall be--

(a)      An Taisce -- the National Trust for Ireland.

(b)      Bord Fáilte Éireann,

(c)      the Irish Architectural Archive,

(d)      the Irish Resource Development Trust,

(e)      the Royal Irish Academy,

(f)       Comhar - The National Sustainable Development Partnership, and

(g)      the Heritage Council.

(3)     The prescribed organisations for the purposes of section 106(1)(c) of the Act shall be--

(a)       the Construction Industry Federation,

(b)       Forfás,

(c)       the Irish Business and Employers' Confederation,

(d)       the Chambers of Commerce of Ireland,

(e)       the Irish Tourist Industry Confederation,

(f)        the Irish Auctioneers and Valuers Institute, and

(g)       the Institute of Professional Auctioneers and Valuers.

(4)     The prescribed organisations for the purposes of section 106(1)(d) of the Act shall be--

(a)       the County and City Managers' Association,

(b)       the General Council of County Councils,

(c)       the Association of Municipal Authorities of Ireland.

(d)       the Local Authority Members' Association, and

(e)       the Institute of Public Administration.

(5)      The prescribed organisations for the purposes of section 106(1)(e) of the Act shall be--

(a)       the Irish Congress of Trade Unions,

(b)       the Irish Farmers' Association,

(c)       the Irish Creamery Milk Suppliers' Association,

(d)       the Irish Countrywomen's Association, and

(e)       Muintir na Tíre.

(6)      The prescribed organisations for the purposes of section 106(1)(f) of the Act shall be--

(a)       the National Youth Council of Ireland,

(b)       the National Women's Council of Ireland,

(c)       the Irish Council for Social Housing,

(d)       Comhdháil Náisiúnta na Gaeilge,

(e)       the National Disability Authority,

(f)       People with Disabilities in Ireland Limited, and

(g)       the Combat Poverty Agency.

Duty of prescribed organisation on receipt of request under section 106(4) of Act

11.              Where a request is made to a prescribed organisation under section 106(4) of the Act, the organisation shall, within the period of 8 weeks commencing on the day on which the request is made,--

(a)      select such number of candidates (not being less than 2) for appointment as ordinary members of the Board as the Minister may specify in the request,

(b)      inform the Minister-

(i) of the names of the candidates selected, and

(ii) of the reasons why, in the opinion of the organisation, each candidate is suitable for appointment as an ordinary member of the Board, and

(c)      send to the Minister-

(i) a curriculum vitae in relation to each candidate, and

(ii) the written consent of each candidate to his or her selection in accordance with the request.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations relate to the appointment of the Chairperson and ordinary members of An Board Pleanála, under Chapter I of Part VI of the Planning and Development Act, 2000 .