(1) The Commission shall, with the consent of the Minister, appoint suitably qualified persons as Heads of Function.
(2) Subject to subsection (3), an appointment as a Head of Function shall be made by open competition.
(3) Subsection (2) does not apply to the appointment of a Head of Function if the Commission, with the consent of the Minister, decides that appointment to the office by open competition would be inappropriate.
(4) A person is not eligible for appointment as a Head of Function if he or she -
(a) is a member of either House of the Oireachtas,
(b) is, with his or her consent, nominated as a candidate for election as such a member or is nominated as a member of Seanad Éireann,
(c) is a member of the European Parliament or is, with his or her consent, nominated as a candidate for election as such a member or to fill a vacancy in the membership of that Parliament, or
(d) is a member of a local authority or is, with his or her consent, nominated as a candidate for electio
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