Judicial Appointments Commission Act 2023
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SCHEDULE The Commission | ||
Section 8 (2) | ||
1. The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name and shall, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform have the power to acquire, hold and dispose of land or an interest in land, and shall have the power to acquire, hold and dispose of any other property. | ||
2. The seal of the Commission shall be authenticated by the signatures of— | ||
(a) the chairperson or another member of the Commission authorised by it to act in that behalf, and | ||
(b) the Director or a member of staff of the Office authorised by the Commission. | ||
3. Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is proved, be received in evidence and be deemed to be such instrument without further proof. | ||
4. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission in that behalf. | ||
5. Where a member of the Commission or the Director 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 Act of 1997 as having been elected to that Parliament, or | ||
(d) is elected or co-opted as a member of a local authority, | ||
he or she shall thereupon cease to be a member of the Commission or Director, as the case may be. | ||
(2) Where a member of staff of the Office 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 Act of 1997 as having been elected to that Parliament, or | ||
(d) is elected or co-opted as a member of a local authority, | ||
he or she shall thereupon stand seconded from that employment and shall not be paid by, or entitled to receive from, the Commission any remuneration or allowances in respect of the period commencing on such nomination, election or co-option, or when he or she is regarded as having been elected or co-opted, as the case may be, and ending when such person ceases to be a member of either House, the Parliament or a member of the local authority, as the case may be. | ||
(3) A person who is for the time being— | ||
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein, | ||
(b) a member of the European Parliament, or | ||
(c) entitled under the standing orders of a local authority to sit as a member thereof, | ||
shall, while he or she is so entitled as mentioned in clause (a) or (c) or is such a member as mentioned in clause (b), be disqualified for membership of the Commission or for employment in any capacity by the Commission or the Office. | ||
(4) In this paragraph— | ||
“Act of 1997” means the European Parliament Elections Act 1997 ; | ||
“local authority” means a local authority within the meaning of section 2 (as amended by Part 1 of Schedule 1 to the Local Government Reform Act 2014 ) of the Local Government Act 2001 . |