Education and Training Boards Act 2013


Disqualification from membership of an education and training board.

34.— (1) Subject to subsections (2) and (3), a person shall cease to be qualified to become a member of, and shall cease to be a member of, an education and training board if he or she—

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

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

( d) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,

( e) is a member of the Commission of the European Union,

( f) is a member of the Court of Auditors of the European Union,

( g) is appointed under the Constitution as a Judge or as the Comptroller and Auditor General,

( h) does not possess a tax clearance certificate issued under section 1095 (inserted by section 127( b) of the Finance Act 2002) of the Taxes Consolidation Act 1997,

( i) is undergoing a sentence of imprisonment for any term exceeding 6 months imposed by a court of competent jurisdiction in the State,

( j) fails to comply with a final judgement, order or decree of a court of competent jurisdiction, for payment of money due to any education and training board,

( k) is convicted of, or has had a conviction confirmed on appeal for an offence under section 35(1) , section 38(7) , paragraph 13(2) of Schedule 3 or an offence relating to—

(i) fraudulent or dishonest dealings affecting an education and training board, or

(ii) corrupt practice,


( l) is adjudicated bankrupt.

(2) A disqualification arising under subsection (1)(j) comes into effect on the seventh day after the last day for compliance with the relevant final judgement, order or decree and the disqualification shall be for 5 years from such last day.

(3) A disqualification arising under subsection (1)(k) commences—

( a) where no appeal is taken against the conviction, when the time limit for taking an appeal has passed, or

( b) where an appeal is taken against the conviction and the appeal is disallowed, one month from the determination of the appeal,

and the disqualification shall be for 5 years from the date of conviction or determination of the appeal, as the case may be.

(4) Nothing in this section operates to prejudice any disqualification referred to in—

( a) section 20 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999,

( b) section 13 or 182 of the Act of 2001, or

( c) any other enactment.