Paragraph 5 Removal etc. of non-executive membersI1

England and Wales

(1)

The Welsh Ministers may, by giving notice to a person who is a non-executive member, remove the person from office if they are satisfied that—

(a)

the person is unfit to remain a member, or

(b)

the person is unable or unwilling to exercise the functions of a member.

(2)

The Welsh Ministers may, by giving notice to a person who is a non-executive member, suspend the person from office if it appears to them that there may be grounds to exercise the power in sub-paragraph (1).

(3)

A suspension under sub-paragraph (2) has effect—

(a)

for a period specified in the notice, or

(b)

if no period is specified in the notice, until the Welsh Ministers give further notice to the suspended person.

(4)

Before removing a non-executive member from office under sub-paragraph (1), the Welsh Ministers must—

(a)

serve the member with a notice—

(i)

informing the member of the proposed removal,

(ii)

setting out the reasons for the proposed removal, and

(iii)

requiring any representations about the proposed removal to be made within 14 days beginning with the day the notice is served;

(b)

consult the chairperson and deputy chairperson of the OEGW.

(5)

Sub-paragraph (4) does not apply where the Welsh Ministers consider that the removal from office needs to take effect urgently.

(6)

Sub-paragraph (4)(b) does not—

(a)

require the Welsh Ministers to consult the chairperson or deputy chairperson where—

(i)

the Welsh Ministers have served notice on that person under sub-paragraph (4)(a), or

(ii)

that person is unable to act for the time being, or

(b)

apply where the office of chairperson or (as the case may be) deputy chairperson is vacant for the time being.

(7)

A non-executive member may resign from office by giving at least 3 months’ notice to the Welsh Ministers and the OEGW.

(8)

A person ceases to be a non-executive member of the OEGW if that person becomes disqualified (see paragraph 3).

(9)

A person suspended from office under sub-paragraph (2) may not participate in the proceedings of the OEGW, or the proceedings of its committees or sub-committees or of a joint committee, during the period in which the suspension has effect.

Annotations

Commencement

I1: Sch. 1 para. 5 in force at 27.6.2026, see s. 46(2)(c)