Policing, Security and Community Safety Act 2024
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Chapter 3 Independent Examiner | ||
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Appointment of Independent Examiner | ||
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233. (1) Subject to this Part, the appointment of a person as the Independent Examiner shall be made by the Government on the passage of resolutions by Dáil Éireann and Seanad Éireann recommending the appointment of the person. | ||
(2) The Government may, before the establishment day of the office, designate a person to be appointed as the first Independent Examiner. | ||
(3) Where, immediately before the establishment day of the office, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first Independent Examiner. | ||
(4) Subsection (1) shall not apply to a person designated under subsection (2). | ||
(5) A person shall not be appointed, or designated for appointment, by the Government as the Independent Examiner unless the Government are satisfied that the person is suitable to be so appointed by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions of the Independent Examiner under this Act and any other enactment. | ||
(6) Subject to subsection (7), a person who holds the office of judge of the High Court, the office of judge of the Court of Appeal or the office of judge of the Supreme Court may, without relinquishing that office, be appointed as the Independent Examiner. | ||
(7) Where a person specified in subsection (6) is appointed as the Independent Examiner, he or she shall not, unless otherwise provided by the terms of his or her appointment, while so appointed, be required to carry out his or her duties under statute as the holder of the judicial office concerned referred to in that subsection. | ||
(8) Schedule 6 shall apply where a person holding a judicial office referred to in subsection (6) is appointed as the Independent Examiner. |