Welsh Language (Wales) Measure 2011

Welsh Language (Wales) Measure 2011

1

Commentary on Sections

Schedule 4 – Members of the Advisory Panel

351. Schedule 4 is introduced by section 23 of the Measure and makes further provision about the appointment of the Advisory Panel’s members, as well as associated financial matters.

Paragraph 1 – Appointment

352. This paragraph requires the Welsh Ministers to comply with appointment regulations (defined in paragraph 5) made by them. The Welsh Ministers are prevented from appointing a person to be a member of the Advisory Panel if that person is disqualified from appointment on grounds of employment. Those grounds are provided in paragraph 10.

Paragraph 2 – Remuneration, allowances and pensions

353. This paragraph allows the Welsh Ministers to pay remuneration, allowances, gratuities and pensions to members of the Advisory Panel, and amounts for or towards the pensions of persons who have been members.

Paragraph 3 – Terms of appointment

354. A member of the Advisory Panel holds office subject to the terms of his or her appointment, subject to the other provisions of this Schedule.

Paragraph 4 – Duration of appointment

355. This paragraph provides that a person appointed as a member of the Advisory Panel holds office for a period of 3 years, subject to the provisions in Part 2 of Schedule 4 which deal with disqualification, resignation or dismissal of members.

Paragraph 5 – Appointment regulations

356. The Welsh Ministers must make provision about the appointment of members of the Advisory Panel by regulations (“appointment regulations”).

Paragraph 6 – Resignation

357. This paragraph allows a member of the Advisory Panel to resign from office.

Paragraph 7 – Disqualification from membership

358. A person ceases to be a member of the Advisory Panel if disqualified from membership on grounds of employment (defined in paragraph 10).

Paragraph 8 – Dismissal

359. This paragraph provides the Welsh Ministers with the power to dismiss a member of the Advisory Panel in certain circumstances. Before exercising their power of dismissal, the Welsh Ministers must consult the Commissioner.

Paragraph 9 – Payments on ceasing to hold office

360. This paragraph provides the Welsh Ministers with the discretion to make a compensatory payment to a person who ceases to be a member of the Advisory Panel.

Paragraph 10 – Disqualification on grounds of employment

361. This paragraph provides that a person employed in one of the listed offices is disqualified from membership of the Advisory Panel on grounds of employment.

Paragraph 11 – Interpretation

362. This paragraph defines “appointment regulations” for the purposes of this Schedule.