BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) terms and conditions of office, vacation of office, suspension and dismissal, and the procedure to be followed by the Board at its meetings. (5) If any council or group or the Committee on Standing Rules and Orders referred to in subsection (2), fails or refuses to submit any nomination within thirty days of being requested to do so by the Minister in writing, the President may appoint any person to hold office as a member of the Board in all respects as if he or she had been duly nominated and appointed in terms of subsection (2). 4A Dismissal or suspension of members of Board17 (1)18 For the purposes of subsections (5) and (6) there shall be a committee, hereafter in this section referred to as "the Independent Disciplinary Committee", consisting of⎯ (a) a person, not being a member of the Board, appointed by the Committee on Standing Rules and Orders from a list of three registered legal practitioners recommended by the Prosecutor-General19, who shall be the chairperson of the Committee; and (b) a member of the Board chosen by the Minister from a panel of three members of the Board nominated by the Board; and (c) one other person, who shall not be a Senator or member of the House of Assembly, appointed by the Committee on Standing Rules and Orders. (2) The Independent Disciplinary Committee shall reach its decisions by consensus or, failing consensus, by a vote of the majority of its members. (3)20 A member of the Board shall vacate his or her office if the member⎯ (a) has, subject to subsection (5), been found to have conducted himself or herself in a manner that renders him or her unsuitable as a member, including a contravention of paragraph 10(2) or (3) of the Third Schedule; or (b) has failed to comply with any term or condition of his or her office fixed by the Minister in terms of subparagraph (3) of paragraph 1 of the Third Schedule; or (c) is mentally or physically incapable of efficiently carrying out his or her functions as a member; or (d) has been absent without the permission of the Board from two consecutive meetings of the Authority of which he or she was given at least seven days' notice, and there was no just cause for the member's absence. (4)21 The President, on the recommendation of the Minister⎯ (a) may suspend from office a member against whom criminal proceedings are instituted for an offence involving dishonesty; and (b) may suspend a member from office if the President has reasonable grounds to believe that the member’s office has become vacant in terms of paragraph 3 of the Third Schedule but the member has not relinquished his or her office; and 17 18 19 20 21 Section inserted by Act 6/2003. Subsection amended by s. 6 of Act 19/2007. “Prosecutor-General” substituted for “Attorney-General” by s. 33 of as read with Part XXXIII of Fourth Schedule to Act 5/2015. Subsection amended by s. 6 of Act 19/2007. Subsection as substituted by s. 6 of Act 19/2007. - 13 -