National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 2 : National Nuclear Regulator15. Chief executive officer of Regulator |
| (1) | The Minister must, after consultation with the board, appoint a person with suitable qualifications as chief executive officer of the Regulator. |
| (2) | A person is disqualified from being appointed or remaining a chief executive officer if subject to any of the disqualifications mentioned in section 8(8). |
| (3) | A chief executive officer holds office for a period not exceeding three years as specified in the letter of appointment and may be reappointed upon expiry of that term of office. |
| (4) | The Minister may at any time discharge the chief executive officer from office— |
| (a) | if the chief executive officer has repeatedly failed to perform the duties of office efficiently; |
| (b) | if, because of any physical or mental illness or disability, the chief executive officer has become incapable of performing the functions of that office or performing them efficiently; or |
| (c) | for misconduct. |
| (5) |
| (a) | The person who, immediately before the specified date was the executive officer of the Council for Nuclear Safety by virtue of appointment to that office in terms of section 44 of the previous Act, must, from the specified date until the date on which the appointment of the Regulator’s first chief executive officer in terms of subsection (1) of this section takes effect, act as the Regulator’s chief executive officer. |
| (b) | A person so acting is not precluded from being appointed as the Regulator’s chief executive officer in terms of subsection (1). |
| (6) | The chief executive officer must— |
| (a) | ensure that the functions of the Regulator in terms of this Act are performed; |
| (b) | report to the board on the proper functioning of the Regulator |
| (c) | issue a nuclear authorisation in accordance with this Act; |
| (d) | complete a report on the activities of the regulator for each financial year in accordance with the Reporting by the Public Entities Act, 1992 (Act No. 93 of 1992), and submit the report to the board for approval; |
| (e) | each financial year, after consultation with the board and with the approval of the Minister, publish and distribute a plan of action for the activities of the Regulator. |
| (7) | The board must forward the report mentioned in subsection (6)(d), as approved by it, to the minister, publish and distribute a plan of action for the activities of the Regulator. |
| (8) | The chief executive officer is the accounting officer of the board charged with the responsibility of accounting for all money received and payments made by, and the assets of, the Regulator. |
| (9) | The chief executive officer must exercise all the powers and perform all the duties conferred or imposed on the accounting officer by— |
| (a) | this Act, the reporting by Public Entities Act, 1982, or any other law; |
| (b) | the board. |
| (10) | If the chief executive officer is for any other reason unable to perform any of his or her functions, the chairperson of the board must appoint an employee of the Regulator to act as chief executive officer until the chief executive officer is able to resume those functions. |
| (11) | An acting chief executive officer has all the powers and must perform all the duties of the chief executive officer. |