Paragraph 2 Tenure of office

United Kingdom

(1)

Subject to the following provisions of this paragraph, the chairman and every other non-executive member of OFCOM shall each hold and vacate office in accordance with the terms of his appointment.

(2)

A person’s appointment to be the chairman or another non-executive member of OFCOM must state the period for which the appointment is made; but a person shall be eligible for re-appointment at the end of any such period.

(3)

The chairman and every other non-executive member of OFCOM may at any time resign his office by notice in writing to the Secretary of State.

(4)

If the Secretary of State is satisfied that the chairman or another non-executive member of OFCOM—

(a)

is an undischarged bankrupt F1or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or has had his estate sequestrated without being discharged,

(b)

has made an arrangement with his creditors, or has entered into a trust deed for creditors, or has made a composition contract with his creditors,

(c)

has such a financial or other interest as is likely to affect prejudicially the carrying out by him of his functions as a member of OFCOM,

(d)

has been guilty of misbehaviour, or

(e)

is otherwise incapable of carrying out, or unfit to carry out, the functions of his office,

the Secretary of State may by notice in writing remove him from office.

F2(5)

At the time of removing a person from office under sub-paragraph (4) the Secretary of State must make public the decision to remove the person.

(6)

The Secretary of State must—

(a)

give the person a statement of reasons for the removal, and

(b)

if so requested by the person, publish the statement.

Annotations

Textual amendments

F1: Words in Sch. para. 2(4)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 46 (with art. 5)
F2: Sch. para. 2(5)(6) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 3 (with Sch. 3 para. 2)

Notes on Schedule

Modifications

C1: Sch. extended (Jersey) (with modifications) (29.12.2003) by Communications (Jersey) Order 2003 (S.I. 2003/3197), arts. 1(2), 5, Sch. 1
C2: Sch. extended (Isle of Man) (with modifications) (29.12.2003) by Communications (Isle of Man) Order 2003 (S.I. 2003/3198), arts. 1(2), 5, Sch. 1
C3: Sch. extended (Guernsey) (with modifications) (29.12.2003) by Communications (Bailiwick of Guernsey) Order 2003 (S.I. 2003/3195), arts. 1(2), 5, Sch. 1