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.