SCHEDULES
SCHEDULE 1The Nuclear Decommissioning Authority
Part 1Members and staff of NDA
Tenure of office by non-executive members
I11
1
Subject to what follows, the chairman and each of the other non-executive members is to hold and vacate office in accordance with the terms of his appointment.
2
Each appointment must state the period for which it is made.
3
That period must not exceed five years; but a person is eligible for re-appointment (on any number of occasions) from the end of a term of office.
4
A non-executive member is not eligible to hold office as chief executive or otherwise to be a member of the staff of the NDA.
5
A non-executive member may at any time resign his office as the chairman or as a member of the NDA (or both) by giving notice of his resignation to the Secretary of State.
6
If the Secretary of State is satisfied that sub-paragraph (7) applies to the chairman or another non-executive member, the Secretary of State may, by giving him notice to that effect, remove him from office.
7
This sub-paragraph applies to a person if—
a
he is an undischarged bankrupt or has had his estate sequestrated without being discharged F1or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
b
he is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order F2or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986);
c
he has made an arrangement with his creditors, or has entered into a trust deed for creditors, or has made a composition contract with his creditors;
d
he has such a financial or other interest as is likely to affect prejudicially the carrying out by him of his functions as a member of the NDA;
e
he is unfit for office by reason of misbehaviour; or
f
he is otherwise incapable of carrying out, or unfit to carry out, the functions of his office.
8
Before exercising his power under sub-paragraph (6), the Secretary of State must consult the Scottish Ministers.
9
Oral notice is ineffective for the purposes of sub-paragraph (5) or (6).