Paragraph 5 Vacancy or incapacityF1

United Kingdom

(1)

Sub-paragraph (2) applies if—

(a)

the office of the Commissioner becomes vacant, or

(b)

it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

(2)

The Secretary of State may appoint a person to act as the Commissioner during the vacancy or period of ill health.

(3)

An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

(4)

While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 6 and this paragraph) as the Commissioner.

Annotations

Textual amendments

F1: Sch. 14A inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 1; S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)