Civil Defence Act, 2002

Membership of Houses of Oireachtas or European Parliament.

16.—(1) A member of the Board who—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

(c) is regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to that Parliament,

thereupon ceases to be a member of the Board.

(2) A member of the staff of the Board who—

(a) is nominated as a member of Seanad Éireann,

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

(c) is regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to that Parliament,

stands seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board remuneration, fees or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either House or that Parliament.

(3) A period referred to in subsection (2) shall not be reckoned as service with the Board for the purposes of any superannuation benefit, gratuities or other allowances payable on resignation, retirement or death.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in the House or who is a representative in the European Parliament is, while he or she is so entitled or is such a representative, disqualified from becoming a member of or from employment in any capacity by the Board.

(5) The Board shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Board.