OpenLegislation

Paragraph 3 I1I2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

The Secretary of State may remove a person from office as a member or as chairman of the Authority if satisfied that—

(a)

he has without reasonable excuse failed, for a continuous period of three months, to carry out his functions as a member or (as the case may be) as chairman;

(b)

he has without reasonable excuse been absent from three consecutive meetings of the Authority;

(c)

he has been convicted (whether before or after his appointment) of a criminal offence;

(d)

he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged, or he has made an arrangement with, or granted a trust deed for, his creditors;

F2(da)

a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986),

(e)

he has failed to comply with the terms of his appointment; or

(f)

he is otherwise unable or unfit to carry out his functions as a member or (as the case may be) as chairman.

F3(2)

Before removing a person from office as chairman of the Authority, the Secretary of State shall consult the Scottish Ministers F4and the Department of Justice.

Annotations

Textual amendments

F1

Sch. 1 para. 3 renumbered as Sch. 1 para. 3(1) (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 13(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F2

Sch. 1 para. 3(1)(da) 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. 45 (with art. 5)

F3

Sch. 1 para. 3(2) inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 13(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F4

Words in Sch. 1 para. 3(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 7(3) (with arts. 28-31)

Commencement

I1

Sch. 1 para. 3 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I2

Sch. 1 para. 3 in force at 1.5.2009 for N.I. by S.I. 2009/1058, art. 3