15. (1) The Commission shall consist of such and so many members (not being more than 3) as the Government determines.

(2) Each member of the Commission shall be known as a Commissioner for Data Protection (in this Act referred to as a “Commissioner”).

(3) Subject to subsections (4), (8) and (9) and section 18, a Commissioner shall be appointed by the Government on the recommendation of the Public Appointments Service and the appointment shall be for a period of not less than 4 and not more than 5 years from the date of his or her appointment.

(4) If, immediately before the establishment day, there is a person holding office as the Data Protection Commissioner, he or she shall, on the establishment day, be a Commissioner for the remainder of the term of office, and upon the same terms and conditions, for which he or she was appointed as the Data Protection Commissioner.

(5) Subject to subsection (7), the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.

(6) The Public Appointments Service shall appoint a selection panel to assist it in holding an open selection competition.

(7) The Public Appointments Service shall ensure that a person is recommended under subsection (5) for appointment only if it is satisfied that the person has the qualifications, experience and skills necessary to enable the Commission to effectively perform its functions.

(8) A Commissioner to whom subsection (3) applies and whose term of office expires by the efflux of time may be reappointed to the Commission by the Government for one further period of not less than 4 and not more than 5 years without the need for a further recommendation by the Public Appointments Service.

(9) A Commissioner to whom subsection (4) applies and whose term of office expires by the efflux of time may be reappointed to the Commission by the Government for one further period of not less than 4 and not more than 5 years.

(10) A Commissioner shall—

(a) act on a full-time basis subject to such terms and conditions (other than the payment of remuneration and allowances for expenses) as the Government may determine,

(b) be paid by the Commission such remuneration and allowances for expenses (if any) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine,

(c) not hold any other office or occupy any other position in respect of which emoluments are payable or carry on any business, and

F2[(d) cease to be a Commissioner on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to cease to be a Commissioner on grounds of age shall not apply.]