Transport (Railway Infrastructure) Act, 2001
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Membership of either House of Oireachtas, European Parliament or local authority. |
26.—(1) Where a member of the Agency— | |
(a) is nominated as a member of Seanad Éireann, | ||
(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, | ||
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, or | ||
(d) becomes a member of a local authority, | ||
he or she shall thereupon cease to be a member of the Agency. | ||
(2) Where a member of the staff of the Agency— | ||
(a) is nominated as a member of Seanad Éireann, | ||
(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or | ||
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, | ||
he or she shall thereupon stand seconded from his or her employment with the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when he or she ceases to be a member of that House or a representative in that Parliament. | ||
(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is a member, be disqualified from becoming a member of the Agency, or a member of the staff of the Agency. | ||
(4) A person who is a member of a local authority shall be disqualified from becoming a member of the Agency. | ||
(5) The Agency shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Agency save with the approval of the Minister. | ||
(6) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits. |