Mental Health Act, 2001
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Membership of either House of Oireachtas or European Parliament. |
43.—(1) Where a member of the Commission is— | |
(a) nominated as a member of Seanad Éireann, or | ||
(b) elected as a member of either House of the Oireachtas or to the European Parliament, or | ||
(c) 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 cease to be a member of the Commission. | ||
(2) Where a person employed by the Commission is— | ||
(a) nominated as a member of Seanad Éireann, or | ||
(b) elected as a member of either House of the Oireachtas or to the European Parliament, or | ||
(c) regarded, pursuant to the said section 19, 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 Commission and shall not be paid by, or be entitled to receive from, the Commission 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 either such House or such 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 member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for becoming a member of the Commission or for employment in any capacity by the Commission. | ||
(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period therein mentioned as service with the Commission for the purpose of any pensions, gratuities or other allowances payable on resignation, retirement or death. |