Paragraph 2 C1

England, Wales and Scotland

(1)

F1Where F2the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of the new Commissioner, appoint a person under this paragraph to act as F3the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

F4(1A)

A person appointed to act as the Commissioner (“an acting Commissioner”) may have held office as the Commissioner.

(1B)

A person appointed as an acting Commissioner is eligible for appointment as the Commissioner unless he has already held office as the Commissioner.

(2)

A person appointed F5as acting Commissioner, shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a)

until the appointment of the new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first, and

(b)

in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

F6(3)

A person appointed as an acting Commissioner shall, while he holds office, be treated for all purposes, except for the purposes of paragraphs 1, 4 to 10 and this paragraph, as the Commissioner.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 2(1) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F2: Words in Sch. 1 para. 2(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(e)(i)
F3: Word in Sch. 1 para. 2(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(e)(ii)
F4: Sch. 1 para. 2(1A)(1B) inserted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(a) (with regs. 44-46)
F5: Words in Sch. 1 para. 2(2) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(b) (with regs. 44-46)
F6: Sch. 1 para. 2(3) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(c) (with regs. 44-46)

Modifications

C1: Sch 1. para. 2: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24

Notes on the whole Act

Textual amendments

F1: Act repealed (S.) (23.10.2002) by 2002 asp 11, s. 25(1), Sch. 6 para. 14 (with savings in Sch. 7); S.S.I. 2002/467, art. 2

Notes on Schedule 1

Textual amendments

F1: Sch. 1: words in heading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(2) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F2: Words in Sch. 1 heading omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(a)
F3: Word in Sch. 1 heading substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(a)

Notes on Appointment of acting Commissioner

Textual amendments

F1: Word in Sch. 1 para. 2 heading substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(d)