Paragraph 5 Subsequent appointments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 para. 21(2)(b) words substituted by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) 2005 Sch. 2 para. 7(1)
Sch. 1 para. 21(4) words substituted by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) 2005 Sch. 2 para. 7(1)

(1)

Appointments of members of the Corporation at any time after the appointment by the Corporation of the first co-opted members pursuant to clause 4(1)(b), shall be subject to this clause.

(2)

The appointment of any members of the Corporation other than independent members shall be made by the Corporation.

(3)

Where an appointment of an additional independent member of the Corporation falls to be made in consequence of a determination in accordance with clause 4, the appointment shall be made—

(a)

by the Corporation if the appointment is made within the period of three months beginning with the date of the determination; or

(b)

if the appointment is not made within that period, by the current independent members.

(4)

Where a vacancy in the office of an independent member of the Corporation arises on any existing independent member ceasing to hold office on the expiry of his term of office—

(a)

his successor shall not be appointed more than six months before the expiry of that term; and

(b)

the appointment of his successor shall be made—

(i)

by the Corporation if the appointment is made not less than three months before the expiry of that term, or

(ii)

if the appointment is not so made, by the current independent members of the Corporation.

(5)

Where a vacancy in the office of an independent member of the Corporation arises on the death of any such member or on any such member ceasing to hold office in accordance with this Instrument other than on the expiry of his term of office, the appointment of his successor shall be made—

(a)

by the Corporation if the appointment is made within the period of three months beginning with the date of death or the date on which the office becomes vacant (as the case may be); or

(b)

if the appointment is not made within that period, by the current independent members of the Corporation.

(6)

No appointment of an independent member by the Corporation in accordance with paragraph (3)(a), (4)(b)(i) or (5)(a) shall be made unless the appointment has been approved by a majority of the current independent members.

(7)

If the number of independent members falls below the number needed for a quorum, the Secretary of State shall appoint such number of independent members as is required for a quorum.