Communications Regulation Act 2002

Restrictions relating to Commissioners.

19

19.—(1) A Commissioner shall be deemed to have vacated his or her office where he or she—

( a) is nominated as a member of Seanad Éireann, or

( b) is nominated as a candidate for election as a member of Dáil Éireann, Seanad Éireann or to the European Parliament,

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

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a Commissioner.

(3) ( a) A person who is a member of a local authority shall be disqualified from becoming a Commissioner.

( b) A Commissioner shall be deemed to have vacated his or her office where he or she becomes a member of a local authority.

(4) A Commissioner shall not hold any other office or employment in respect of which emoluments are payable.

(5) ( a) For a period of 12 months after a Commissioner has ceased to be a Commissioner, such Commissioner shall not accept any office, consultancy or employment where, in the course of such office, consultancy or employment, the Commissioner could or might use or disclose any confidential information acquired by him or her in the exercise of his or her functions under this Act.

( b) Notwithstanding paragraph (a), a person who has held the Office of Director or who was a Commissioner shall not be precluded from—

(i) holding office, or engagement in, any employment in the civil service or any statutory regulatory body, or

(ii) acting as a consultant to any Minister of the Government,

on the basis that the period referred to in that paragraph has not expired.