Policing, Security and Community Safety Act 2024
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Ineligibility for appointment and disqualification from office of Independent Examiner | ||
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237. (1) A person shall be eligible for nomination or appointment as the Independent Examiner only where he or she holds or has held 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. | ||
(2) A person shall not be eligible for nomination or appointment as the Independent Examiner if he or she 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, or | ||
(c) a member of a local authority. | ||
(3) A person shall be disqualified from holding and shall cease to hold office as the Independent Examiner if he or she— | ||
(a) subject to subsection (4), is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with his or her creditors, | ||
(c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, | ||
(d) is convicted of an offence involving fraud or dishonesty, | ||
(e) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(f) has a declaration under section 819 of the Act of 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, or | ||
(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or a disqualification outside the State to like effect which corresponds to such a disqualification order. | ||
(4) A person shall be disqualified from holding office as the Independent Examiner under paragraph (a) of subsection (3) only for so long as he or she has not obtained a certificate of discharge from the bankruptcy. | ||
(5) Where the Independent Examiner 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 the Independent Examiner. |