38.—(1) Where a member of the Board—

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

(b) is nominated to stand as a candidate for election as a member of either House of the Oireachtas or to the European Parliament,

(c) 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, or

(d) is or becomes a member of a local authority,

he or she shall thereupon cease to be a member of the Board.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein 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 member of the Board or a member of the staff of the Public Appointments Service.

(3) A member of the Board shall be subject to the same restrictions as apply generally to established civil servants above the grade of clerical officer, or its equivalent, in respect of not identifying himself or herself actively or publicly with political matters.