Paragraph 5 Subsequent Appointments
Appointments of members of the Corporation at any time after the appointment by the Secretary of State of the first members shall be subject to this clause.
No such appointment may be made before the first determination of the Corporation under clause 4 takes effect.
The Corporation are the appointing authority in relation to the appointment of any member of the Corporation other than an independent member.
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 appointing authority in relation to the appointment—
shall be the Corporation if the appointment is made within the period of 3 months beginning with the date of the determination; or
if the appointment is not made within that period, shall be the current independent members of the Corporation.
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—
his successor shall not be appointed more than six months before the expiry of that term; and
the appointing authority in relation to the appointment of his successor—
shall be the Corporation if the appointment is made not less than three months before the expiry of that term, or
if the appointment is not so made, shall be the current independent members of the Corporation.
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 appointing authority in relation to the appointment of his successor—
shall be 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
if the appointment is not made within that period, shall be the current independent members of the Corporation.
No appointment of an independent member by the Corporation in accordance with paragraph (4)(a), (5)(b)(i) or (6)(a) shall be made unless the appointment has been approved by a majority of the current independent members.
If the number of independent members falls below the number needed for a quorum, the Secretary of State is the appointing authority in relation to the appointment of such number of independent members as is required for a quorum.