Regulation 8 VacanciesI1

England and Wales

(1)

This regulation applies where a vacancy occurs among members otherwise than by the expiry of a member’s term of office.

(2)

If the vacancy is among members appointed under regulation 6 the vacancy must be filled by the Welsh Ministers by appointing a person—

(a)

from the list of persons most recently provided by the nominees who nominated the person who has vacated office;

(b)

if it is not possible to appoint a person in accordance with sub-paragraph (a), from the list of persons most recently provided by any other nominee listed in the same Part of Schedule 2 as the nominee who nominated the person who has vacated office; or

(c)

if it is not possible to appoint a person in accordance with sub-paragraphs (a) and (b), from the list of persons most recently provided by any other nominee listed in either Part 1 or 2 of Schedule 2.

(3)

If the vacancy is among members appointed under regulation 7—

(a)

the vacancy must by filled by an appointment by the Welsh Ministers; and

(b)

where the person that has vacated office was a registered person the appointee must be from the same category of registered person as that which has vacated office.

(4)

A person appointed under this regulation to fill a vacancy holds office until the date on which the term of office of the member whose vacancy that person fills would have expired.

(5)

Where a vacancy has not been filled pursuant to this regulation the Council may fill that vacancy by a temporary appointment.

(6)

Any temporary appointment under paragraph (5) must—

(a)

only be made where the vacancy occurs within 6 months of the date on which the term of office of the member whose vacancy that person fills would have expired;

(b)

be for a term not exceeding the date on which the term of office of the member whose vacancy that person fills would have expired, and

(c)

be on such other terms as the Council determine.

Annotations

Commencement

I1: Reg. 8 in force at 29.9.2014, see reg. 1(1)