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23B. Appointment of Heads of Function.
(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