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Amendment of section 22 of Principal Act
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12. Section 22 of the Principal Act is amended by—
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(a) in subsection (1), the substitution of “the prior consent of the Commission and, where that consent is subject to conditions under subsection (5)(a)(i)(II), in accordance with its terms” for “the consent of the Commission”,
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(b) the insertion of the following subsection after subsection (4):
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“(4A) A person referred to in subsection (1) shall apply to the Commission for consent in such form and manner as the Commission may require.”,
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(c) the substitution of the following subsection for subsection (5):
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“(5) (a) Where a person referred to in subsection (1) makes an application to the Commission for consent, the Commission shall, after any appropriate consultation (including with the person concerned, the person’s current, former or intended employer or such other person as the Commission considers appropriate) decide to—
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(i) give consent—
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(I) unconditionally, or
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(II) subject to conditions,
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or
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(ii) refuse to give consent for the whole or any part of the relevant period.
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(b) The Commission shall notify the person in writing of the decision under paragraph (a), and, in the case of a decision under subparagraph (i)(II) or (ii) of paragraph (a), the reasons for the decision.
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(c) A decision under paragraph (a) shall be made as soon as may be and, insofar as practicable, not later than 21 days after the receipt by the Commission of the application concerned.
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(d) Where a decision is not or is not likely to be provided to the person concerned within the period specified in paragraph (c), the Commission shall notify the person concerned as soon as practicable of the extension of that period by a further period not exceeding 7 days.”,
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and
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(d) the insertion of the following subsections after subsection (5):
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“(6) Each public service body shall inform, in writing, every person who is a relevant designated public official employed by, or holding any office or other position in, that public service body of his or her obligations under this section, when taking up such employment, office or position, and when leaving such employment, office or position, in that public service body.
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(7) For the purposes of the performance by the Commission of its functions under this section, as soon as practicable after a public service body becomes aware that a relevant designated public official will be leaving his or her employment, office or position held in the public service body, that public service body shall notify the Commission of—
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(a) the name of the official and his or her address for correspondence, including his or her email address,
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(b) the grade or rank of the official,
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(c) the date on which the official took up such employment, office or position, and
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(d) the date on which the official will leave or left such employment, office or position.”.
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