OpenLegislation

Paragraph 3

Northern Ireland

(1)

Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member or as chairman of the Commission in accordance with the terms of his appointment.

(2)

The chairman and other members of the Commission shall be appointed for a term not exceeding 3 years, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place he is appointed.

(3)

A person may at any time resign as a member or as chairman of the Commission by notice in writing to the Secretary of State.

(4)

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

(a)

he has been convicted of a criminal offence;

(b)

he has become bankrupt F1or has become the subject of a bankruptcy restrictions order or F2a debt relief order (under Part 7A of the Insolvency Act 1986 F3or Part 7A of the Insolvency (Northern Ireland) Order 1989 ) has been made in respect of him or he has become the subject of a debt relief restriction order or he has made a composition or arrangement with his creditors;

(c)

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

(d)

he is otherwise unable or unfit to discharge his functions.

(5)

A member of the Commission whose term of office expires or who has resigned shall be eligible for re-appointment.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 3(4)(b) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 11

F2

Words in Sch. 1 para. 3(4)(b) 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. 37 (with art. 5)

F3

Words in Sch. 1 para. 3(4)(b) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 17