Welsh Language (Wales) Measure 2011

Prospective

PART 2 E+WAPPOINTMENT

AppointmentE+W

3(1)In appointing the Commissioner, the First Minister—E+W

(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 pensionsE+W

4(1)The Welsh Ministers may pay remuneration to the Commissioner.E+W

(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 appointmentE+W

5(1)The Commissioner holds office subject to the terms of his or her appointment.E+W

(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 appointmentE+W

6(1)A person appointed as Commissioner holds the office (by virtue of that appointment) for 7 years.E+W

(2)But that is subject to Part 3 of this Schedule.

Appointment regulationsE+W

7(1)The Welsh Ministers must, by regulations, make provision about the appointment of the Commissioner (“appointment regulations”).E+W

(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 etcE+W

8(1)The First Minister may, by order—E+W

(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.