Schedule 12A, paragraph 9

This paragraph applies to a non-executive member of the Commission appointed by the Secretary of State. The member holds and vacates office in accordance with the terms of their appointment, subject to the provisions of this paragraph. The member must be appointed for a term of not more than 7 years. The Secretary of State may extend the term of the member’s appointment but not so that the term as extended is more than 7 years. The Secretary of State may not appoint the member as a non-executive member of the Commission on a subsequent occasion. The member may resign from office by giving written notice to the Secretary of State and the Commission. The Secretary of State may remove the member from office by written notice if satisfied that— the member is guilty of serious misconduct, the member has a conflict of interest (see paragraph 6(5)), the member has failed to comply with paragraph 6(4), or the member is unable, unfit or unwilling to carry out the member’s functions. At the time of removing the member from office the Secretary of State must make public the decision to do so. The Secretary of State must— give the member a statement of reasons for the removal, and if asked to do so by the member, publish the statement.

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Source: legislation.gov.uk · retrieved 2026-09-04