Garda Síochána Act 2005

62F

F117[Ineligibility for appointment, disqualification for office of member of Authority or committee, cessation of membership, etc.

62F. (1) A person is not eligible to be recommended for or appointed as a member of the Authority or a committee if he or she is

(a) a member of either House of the Oireachtas,

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

(c) a member of a local authority,

(d) a member of the Garda Síochána or a member of the civilian staff of the Garda Síochána,

(e) a member of the Ombudsman Commission, or

(f) a member of the Garda Síochána Inspectorate.

(2) A person shall be disqualified for holding and shall cease to hold office as a member of the Authority or a committee if he or she

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted on indictment of an offence,

(d) is convicted of an offence involving fraud or dishonesty,

(e) has a declaration under section 819 of the Companies Act 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, or

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

(3) Where a member of the Authority 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 European Parliament Elections Act 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 Authority or the committee, as the case may be.]

Annotations

Amendments:

F117

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.