44. (1) Where a person makes an application under section 43, he or she shall—

(a) at the same time—

(i) confirm in writing that he or she consents to the Commission seeking information from a relevant person in accordance with this section, and

(ii) if a form of consent to the processing of personal data and special categories of personal data has been prescribed in accordance with section 33, furnish a signed form of such consent or, if no form stands prescribed at the time of making such application, confirm in writing that he or she consents to such processing,

and

(b) when requested to do so by the Commission, provide it with a declaration of consent (within the meaning of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012) and any other information which is required by the Commission to enable it to obtain a vetting disclosure in respect of the person.

(2) A person who refuses to comply with subsection (1) shall not be considered for recommendation for appointment or nomination for appointment or election, as the case may be, to the judicial office to which his or her application relates.

(3) The Commission may, having furnished a copy of the consents referred to in subsection (1)(a) to a relevant person, seek information from that person to verify—

(a) that an applicant is an eligible person,

(b) information contained in an application form submitted by the applicant, and

(c) supporting documentation provided in accordance with the requirements specified in a statement of selection procedures under section 59(2)(b).

(4) A relevant person shall, when requested to do so by the Commission under subsection (3) and having received a copy of the consents referred to in that subsection, provide the information requested to the extent that the information is in his or her possession or power to procure.

(5) In this section, “relevant person” means—

(a) a body which has or had a regulatory role in respect of an applicant, including the Judicial Council, the Legal Services Regulatory Authority, the Law Society of Ireland, the General Council of the Bar of Ireland and the Honorable Society of King’s Inns,

(b) an employer or former employer of the applicant, and

(c) a person who engages or engaged the applicant in a contract for the provision of services.