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2.—(1) Subject to subsection (2) and section 3, a person is not eligible for appointment as a special adviser if the person has a serious criminal conviction.
(2) Where a Minister proposes to appoint as a special adviser a person who has a serious criminal conviction, that person may refer the proposed appointment to the Department of Finance and Personnel.
(3) Where a person who holds an appointment as a special adviser incurs a serious criminal conviction, that person’s appointment terminates immediately by virtue of this Act.
(4) Where on the date of coming into operation of this subsection a person—
(a)holds an appointment as a special adviser, and
(b)has before that date incurred a serious criminal conviction,
that person’s appointment terminates immediately by virtue of this Act.
(5) But a person to whom subsection (4) will apply may refer the appointment to the Department, within 21 days of this subsection coming into operation.
(6) A Minister must inform the Department in writing whether any special adviser appointed by the Minister has a serious criminal conviction.
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