Domestic, Sexual and Gender-Based Violence Agency Act 2023

Ineligibility for appointment, disqualification from office, cessation of membership

11. (1) A person shall not be eligible to be appointed as a member of the Board if the person 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, or

(d) a member of staff of the Agency.

(2) A person shall be disqualified from holding, and shall cease to hold, office as a member of the Board if he or she—

(a) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) is convicted on indictment of an offence,

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

(d) 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,

(e) 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, or

(f) is removed by a competent authority for any reason (other than failure to pay a fee) from a register established for the purpose of registering members of a profession in the State or another jurisdiction.

(3) Where a member of the Board 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 hold office as a member of the Board.