Paragraph 5 I1

(1)

This paragraph is about resignation or removal from the office of First Commissioner or Commissioner.

(2)

A person may resign from office by giving written notice to the Minister for the Civil Service.

(3)

Her Majesty may, on the recommendation of the Minister, remove a person from office if a condition in sub-paragraph (4) is met.

(4)

The conditions are that—

(a)

the person is absent from three successive meetings of the Commission without the Commission's approval;

(b)

the person is convicted of an offence (see sub-paragraph (5));

(c)

the person becomes bankrupt (see sub-paragraph (6));

(d)

the person is unfit or unable to carry out the functions of the office.

(5)

For the purpose of determining if a person is convicted of an offence—

(a)

it does not matter where the person is convicted;

(b)

an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).

(6)

A person becomes bankrupt if—

(a)

in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or

(b)

in Scotland, the person's estate is sequestrated.

Annotations

Commencement

I1: Sch. 1 para. 5 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)