Broadcasting Act 2009

12.

Exclusions from membership of Authority or statutory committee.

12.— (1) Where a member of the Authority or a statutory committee is nominated as a candidate for election to the European Parliament, or to either House of the Oireachtas, he or she shall thereupon stand suspended from membership of the Authority or the statutory committee, as the case may be, and shall not be entitled to participate in meetings of the Authority or the statutory committee or receive from the Authority any remuneration or allowances in respect of the period commencing on such nomination and ending when such person is so regarded as not having been elected as the case may be.

(2) Where a member of the Authority or a statutory committee is—

( a) nominated as a member of Seanad Éireann,

( b) elected as a member of either House of the Oireachtas or the European Parliament, or

( c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Authority or the statutory committee, as the case may be.

(3) Where the person who is the chief executive officer or a member of the staff of the Authority is—

( a) nominated as a member of Seanad Éireann,

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

( c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy,

he or she shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected as the case may be, and ending when such person ceases to be a member of either such House or that Parliament.

(4) 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 so entitled or such a member, be disqualified from becoming a member of the Authority or a statutory committee or the chief executive officer or a member of the staff of the Authority.

(5) Without prejudice to the generality of subsection (3), that subsection shall be read as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.

(6) A person who holds employment or an interest in a broadcasting undertaking, including but not limited to a public service broadcaster, or an undertaking holding a contract under this Act shall be disqualified from becoming or ceases to be a member of the Authority or a statutory committee.

(7) A person who holds an interest in an undertaking which publishes a newspaper in the State shall be disqualified from becoming or ceases to be a member of the Authority or a statutory committee.

(8) A person who holds membership of the Contract Awards Committee shall be disqualified from becoming or ceases to be a member of the Compliance Committee.

(9) A person who holds membership of the Compliance Committee shall be disqualified from becoming or ceases to be a member of the Contract Awards Committee.