23B.—(1) The Commission shall, with the consent of the Minister, appoint suitably qualified persons as Heads of Function.

(2) Subject to subsection (3), an appointment as a Head of Function shall be made by open competition.

(3) Subsection (2) does not apply to the appointment of a Head of Function if the Commission, with the consent of the Minister, decides that appointment to the office by open competition would be inappropriate.

(4) A person is not eligible for appointment as a Head of Function if he or she—

(a) is a member of either House of the Oireachtas,

(b) is, with his or her consent, nominated as a candidate for election as such a member or is nominated as a member of Seanad Éireann,

(c) is a member of the European Parliament or is, with his or her consent, nominated as a candidate for election as such a member or to fill a vacancy in the membership of that Parliament, or

(d) is a member of a local authority or is, with his or her consent, nominated as a candidate for election as such a member.]