Paragraph 1 Director GeneralF9

England and Wales

F1(1)

The Director General holds office in accordance with the terms of his or her appointment.

(1A)

A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).

(2)

A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as F2Director General; and an appointment made in contravention of this sub-paragraph shall have no effect.

(3)

The appointment of the F3Director General shall be for a term not exceeding five years; but the F4Director General shall be eligible for re-appointment at the end of his term of office.

(4)

The F5Director General may be removed from office by Her Majesty either—

(a)

at his own request; or

(b)

on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the F6Director General.

(5)

The following are grounds for removing the F7Director General from office—

(a)

that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;

(b)

that he has become a person falling within one or more paragraphs of section 9(3);

(c)

that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;

(d)

that he is a person who—

(i)

has had a bankruptcy order made against him;

(ii)

has had his estate sequestrated; or

(iii)

has made a composition or arrangement with, or granted a trust deed for, his creditors;

(e)

that he is subject to—

(i)

a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under F8the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 1989/2404 (N.I. 18)); or

(ii)

an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);

(f)

that he has acted improperly in relation to his duties; or

(g)

that he is otherwise unable or unfit to perform his duties.

(6)

For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

Annotations

Textual amendments

F1: Sch. 2 para. 1(1)(1A) substituted for Sch. 2 para. 1(1) (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(2); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F2: Words in Sch. 2 para. 1(2) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(3); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F3: Words in Sch. 2 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(4)(a); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F4: Words in Sch. 2 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(4)(b); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F5: Words in Sch. 2 para. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(5)(a); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F6: Words in Sch. 2 para. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(5)(b); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F7: Words in Sch. 2 para. 1(5) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(6); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F8: Words in Sch. 2 para. 1(5)(e)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 197(a) (with art. 10)
F9: Sch. 2 para. 1 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 55(3); S.I. 2017/1249, reg. 2 (with reg. 3)

Notes on Schedule 2

Textual amendments

F1: Sch. 2 title substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 55(2); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications

C1: Sch. 2 applied (with modifications) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(3)(6), Sch. 2
C2: Sch. 2 applied (with modifications) (7.10.2013) by The National Crime Agency (Complaints and Misconduct) Regulations 2013 (S.I. 2013/2325), regs. 1(1), 5