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Offices and staff of the Commission.
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12.—The following section is hereby substituted for section 9 of the Act of 1939, namely:
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“9. (1) The Commission may purchase, take on lease, build or otherwise acquire and may equip and maintain such offices and other premises in such places as it considers necessary for the due performance of its functions and may sell, lease or otherwise dispose of any premises vested in it which it considers to be no longer necessary for that purpose.
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(2) The Commission shall as soon as may be after the appointed day and thereafter as occasion requires appoint a person to be chief officer of the Commission.
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(3) The Commission may appoint such and so many officers, servants and agents as the Commission shall from time to time consider necessary for the due performance of its functions and every officer, servant and agent so appointed and the chief officer of the Commission shall hold office upon such terms and subject to such conditions as the Commission shall determine.
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(4) There shall be paid by the Commission to the officers (including the chief officer), servants and agents of the Commission such remuneration and allowances for expenses as the Commission may from time to time appoint with, in the case of the chief officer, the consent of the Minister and the Minister for Finance.
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(5) Subject to subsection (6) of this section, a person shall not be appointed under this section to be an officer of the Commission unless he has been selected by means of a public competition.
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(6) The requirement under subsection (5) of this section of being selected by means of a public competition shall not apply in relation to—
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(a) an appointment consisting of the promotion of a person who is already an officer of the Commission,
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(b) an office for which, in the opinion of the Commission, specialised qualifications not commonly held are required, or
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(c) an office to which appointments are made for limited periods only, being periods not exceeding two years.
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(7) Where an officer (including the chief officer) or servant of the Commission becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be such officer or servant.
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(8) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, shall, while so entitled, be disqualified from becoming an officer (including chief officer) or servant of the Commission.
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(9) The chief officer of the Commission shall not be a member of the Commission.
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(10) (a) Where immediately before the commencement of section 12 of the Pigs and Bacon (Amendment) Act, 1961, a person is employed as an officer or servant of the Commission, that person, after the commencement of the said section 12, shall continue to be employed as an officer or servant, as the case may be, of the Commission and shall be employed on such terms and subject to such conditions as the Commission may determine (including terms and conditions in relation to remuneration and allowances for expenses) being terms and conditions not less favourable than those subject to which he was employed immediately before such commencement, but the office or position held by him may be changed and his duties may be changed or re-arranged.
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(b) A person who, immediately before the commencement of the said section 12, is employed as an officer or servant of the Commission shall not be removed from such employment without the consent of the Minister.”
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