12. (1) A person shall not be eligible to be recommended for appointment to, or appointed as a member of, the Commission or a committee if he or she:

(a) is a member of either House of the Oireachtas;

(b) is entitled under the rules of procedure of the European Parliament to sit in that Parliament;

(c) is a member of a local authority;

(d) does not possess a tax clearance certificate issued to him or her under section 1095 of the Taxes Consolidation Act 1997.

(2) A person shall be disqualified from holding and shall cease to hold office as an ordinary member of the Commission or a committee if he or she:

(a) is convicted on indictment of an offence;

(b) is convicted of an offence involving fraud or dishonesty;

(c) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act;

(d) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act.

(3) Where a member of the Commission or a committee is—

(a) nominated as a member of Seanad Éireann,

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

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to be a member of the European Parliament, or

(d) elected or co-opted as a member of a local authority,

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