SCHEDULE 1THE WELSH LANGUAGE COMMISSIONER

PART 2APPOINTMENT

Appointment

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1

In appointing the Commissioner, the First Minister—

a

must comply with appointment regulations (see paragraph 7),

b

must take account of the recommendations made by the selection panel in relation to the appointment (see paragraph 7), and

c

may take into account the views of any other persons whom the First Minister thinks it is appropriate to consult.

2

The First Minister may not appoint a person to be Commissioner if the person—

a

is disqualified from being Commissioner on grounds of employment (see paragraph 13), or

b

has already been appointed as Commissioner.

3

The views which the First Minister may take into account under sub-paragraph (1)(c) include, but are not limited to, the views of—

a

the National Assembly for Wales,

b

committees of the National Assembly, and

c

members of the National Assembly.

Remuneration, allowances and pensions

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1

The Welsh Ministers may pay remuneration to the Commissioner.

2

The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the Commissioner.

3

The Welsh Ministers may pay—

a

pensions to, or in respect of, persons who have been Commissioner, and

b

amounts for or towards provision of pensions to, or in respect of, persons who have been Commissioner.

Terms of appointment

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1

The Commissioner holds office subject to the terms of his or her appointment.

2

But that is subject to the other provisions of this Schedule.

3

The terms of the Commissioner's appointment must provide for him or her to hold office on a full-time basis.

Duration of appointment

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1

A person appointed as Commissioner holds the office (by virtue of that appointment) for 7 years.

2

But that is subject to Part 3 of this Schedule.

Appointment regulations

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1

The Welsh Ministers must, by regulations, make provision about the appointment of the Commissioner (“appointment regulations”).

2

Appointment regulations must make provision for the establishment of a panel of persons (a “selection panel”) who are to—

a

interview candidates for appointment as Commissioner, and

b

make recommendations to the First Minister in relation to the appointment.

3

The provision that may be made in appointment regulations includes, but is not limited to, provision of the kind referred to in sub-paragraphs (4) to (7).

4

Appointment regulations may make provision about principles to be followed in appointing the Commissioner.

5

Appointment regulations may make provision about—

a

the knowledge of, and proficiency in, the Welsh language, and

b

the knowledge and experience of the matters in respect of which the Commissioner has functions,

which the Commissioner must have.

6

Appointment regulations may—

a

apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or

b

make other provision relating to any such code.

7

Appointment regulations may confer functions on the Welsh Ministers or First Minister (as well as on any other person), including functions involving the exercise of a discretion.

Delegation of appointment functions etc

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1

The First Minister may, by order—

a

provide for the Welsh Ministers to exercise—

i

the First Minister's function of appointing the Commissioner, and

ii

any or all of the First Minister's other functions that relate to the Commissioner, and

b

make such other related provision as the First Minister thinks appropriate.

2

The provision that may be made in an order under this paragraph includes, but is not limited to, provision amending or otherwise modifying this Measure.