Food Safety Authority of Ireland Act, 1998
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Membership of either House of Oireachtas, European Parliament, local authority or health board. |
40.—(1) Where a member of the Board— | |
(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 section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, | ||
(d) becomes a member of a local authority, or | ||
(e) becomes a member of the board of a health board, | ||
he or she shall thereupon cease to be a member of the Board. | ||
(2) Where a member of the staff of the Authority— | ||
(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 section 19 of 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 Authority and shall not be paid by, or be entitled to receive from the Authority 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 entitled or is a member, be disqualified from becoming a member of the Board, or a member of the staff of the Authority. | ||
(4) A person who is a member of a local authority or the board of a health board, shall be disqualified from becoming a member of the Board. | ||
(5) The Authority 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 Board save with the approval of the Board. | ||
(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 Authority for the purposes of any superannuation benefits. |