OpenLegislation

Paragraph 3

England, Wales and Scotland

(1)

A Commissioner shall hold and vacate his office in accordance with the terms of his appointment.

(2)

A person shall not be appointed a Commissioner for more than five years.

(3)

With the consent of the Commissioner concerned, the Secretary of State may alter the terms of an appointment so as to make a full-time Commissioner into a part-time Commissioner or vice versa, or for any other purpose.

(4)

A Commissioner may resign by notice to the Secretary of State.

(5)

The Secretary of State may terminate the appointment of a Commissioner if satisfied that—

(a)

without the consent of the Commission, he failed to attend the meetings of the Commission during a continuous period of six months beginning not earlier than nine months before the termination; or

(b)

he is an undischarged bankrupt, or has made an arrangement with his creditors, or is insolvent within the meaning of paragraph 9(2) of Schedule 3 to the M1Conveyancing and Feudal Reform (Scotland) Act 1970; or

(c)

he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties.

(6)

Past service as a Commissioner is no bar to re-appointment.

Annotations

Marginal citations

M1

1970 c. 35.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.10.2010 except in relation to the repeal of ss. 71-71B, Sch. 1A, and 5.4.2011 otherwise) by Equality Act 2010 (c. 15), s. 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, arts. 1(2), 13, Sch. 2 (with art. 15(5))); S.I. 2010/2317, arts. 1(2), 2(15)(f) (with savings in arts. 10(8)(b), 14(3), 15, Schs. 1, 3, 5); S.I. 2011/1066, art. 2(h); Act further amended (as saved) (1.11.2011) by Sports Grounds Safety Authority Act 2011 (c. 6), s. 8(1), Sch. 2 para. 6, Sch. 3; S.I. 2011/2597, art. 2; Act further amended (as saved) (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), ss. 26(2), 29(3), Sch. 5 para. 11(1)(6); S.I. 2011/2576, art. 5