Schedule 1, Part 1: Constitution
306.Paragraph 1(1) establishes that there shall be no less than 10, and no more than 15, members of the CEHR, who shall be known as Commissioners, and who shall be appointed by the Secretary of State. In addition to these Commissioners, the chief executive of the CEHR will also be a Commissioner by virtue of holding that office.
307.Paragraph 2(1) requires that the Secretary of State appoint only individuals who have knowledge or experience of a relevant matter, or who are suitable for some other special reason. When appointing Commissioners, the Secretary of State is required to have regard to the desirability of the Commissioners together having knowledge and experience of the relevant matters.
308.Paragraph 2(2) sets out the relevant matters to which the appointments refer. This includes the Commission’s functions (including its work with business, employee organisations, and the public sector), in particular on discrimination and human rights.
309.Paragraph 2(3)(a) requires the Secretary of State to appoint at least one Commissioner who is or has been a disabled person.
310.Paragraph 2(3)(b) requires the Secretary of State to appoint, with the consent of Scottish Ministers, one Commissioner who knows about conditions in Scotland.
311.Paragraph 2(3)(c) requires the Secretary of State to appoint, with the consent of the National Assembly for Wales, one Commissioner who knows about conditions in Wales.
312.Paragraph 3 provides that a Commissioner can be appointed for a specified period of between two and five years, and that reappointment can be made once this term has expired. It requires a Commissioner to give notice in writing to the Secretary of State if he or she wishes to resign, and enables the Secretary of State to dismiss any Commissioner who is unable, unfit or unwilling to fulfil his or her functions.
313.Paragraph 4 provides for the terms of appointment of the Chairman and deputy Chairman. It sets out the functions of the Chairman, and deputy Chairman, and the procedures necessary should they vacate office or resign their post. It also specifies that the chief executive cannot be appointed Chairman or deputy Chairman of the CEHR.
