Schedule 1
39.In order to minimise the risk of conflicts of interest, section 4 and this schedule provide that certain persons are disqualified from being members of the Board(1). These are Assembly Members or candidates to be Assembly Members, members of staff of the Assembly or the Welsh Assembly Government and persons employed by Assembly Members or a group of Assembly Members for the purpose of assisting Assembly Members to perform the functions of an Assembly Member (for example support staff employed by Assembly Members). The Counsel General (where such person is not already disqualified as an Assembly Member), the Auditor General for Wales and the National Assembly for Wales Commissioner for Standards are also disqualified. The list of disqualified persons also includes Members of the European Parliament, House of Commons, House of Lords, Scottish Parliament and Northern Ireland Assembly. In addition, a person cannot be a member of the Board if that person is a member of the Assembly Commission’s Corporate Governance Committee, an Independent Adviser to the Assembly Commission, a former member of either of the panels appointed by the Assembly Commission to review the pay and allowances of Assembly Members, or a Non-Executive Director of the Welsh Assembly Government.
40.For the purposes of this Measure, a person becomes a candidate for election as an Assembly Member on the day that person is declared to be a candidate or nominated as a candidate, whichever is earlier.
41.Since, under the Act, a vacancy in an electoral region seat can lead to the filling of that vacancy by a person who was, at the last election, on a party’s list for that region, without an election, persons who are could potentially become Assembly Members in that way are also disqualified.
Section 4 and Schedule 1 set out those persons disqualified by law from being members of the Board. In addition, however, those selecting potential Board members will be able to take into account, when judging their suitability, any connection with an Assembly Member (such as a family relationship) which could give rise to an actual or perceived conflict of interest.