43. (1) Notwithstanding the repeal of the Act of 1997 by section 5, the office of the Information Commissioner shall continue in being and the holder of the office shall continue in office and be known as the Information Commissioner.

(2) The Commissioner shall be a corporation sole with perpetual succession and an official seal and with power—

(a) to sue and be sued, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Commissioner shall be independent in the performance of his or her functions.

(4) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

(5) (a) Subject to this section, Schedule 2 shall have effect in relation to the Commissioner.

(b) Section 2(6) of the Ombudsman Act 1980 shall not apply to a person who holds the office of Ombudsman and also holds the office of Commissioner.

(c) Paragraph 5 of Schedule 2 shall not have effect in relation to remuneration in a case where the person who holds the office of Ombudsman also holds the office of Commissioner.