Section 4 Temporary appointmentsI1

After section 6 of the 2011 Act insert—

“Temporary appointments

6A

(1)

The Commission may appoint a temporary Chair where a person ceases to be Chair (whether at the end of their term of appointment or otherwise) and—

(a)

a replacement has not been appointed; or

(b)

the replacement’s appointment has not yet taken effect.

(2)

The Commission may appoint a temporary member of the Board where a person ceases to be a Board member (whether at the end of their term of appointment or otherwise) and—

(a)

a replacement has not been appointed; or

(b)

the replacement’s appointment has not yet taken effect.

(3)

A temporary appointment lapses—

(a)

when the appointment of the replacement takes effect; and

(b)

in any event, at the end of the period of 12 months beginning with the date on which the temporary appointment takes effect.

(4)

Where a temporary appointment lapses under subsection (3)(b) the Commission may renew it or make a new temporary appointment.

(5)

Temporary appointments are to be disregarded for the purposes of section 4(3).

(6)

But a person must not be appointed as a temporary appointment if the person is not eligible to be appointed as a Board member by reason of section 4(3).

(7)

The Commission may by order make provision about appointments under this section.

(8)

An order under subsection (7) shall not be made unless a draft of the order has been laid before and approved by resolution of the Assembly.

(9)

Subject to the preceding provisions of this section, a temporary appointment is to be treated for all purposes (including, for example, for the purposes of section 5) as if it were an appointment under section 4(1).

(10)

But an order under subsection (7) may disapply or modify a provision of this Act (other than section 4(4)) in its application to a temporary appointment.”.