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Consumers, Estate Agents and Redress Act 2007

Part 1: Members of the Council.Membership

175.Paragraph 1 provides for the Secretary of State to appoint the chairman of the Council and other members. The Council chairman is non-executive (i.e. not appointed from the staff of the Council), and must be consulted by the Secretary of State before the latter appoints other non-executive members to the Council. Executive members of the Council (i.e. Council members who are appointed from the staff of the Council) are appointed by the Secretary of State on the nomination of the Council chairman.

176.The Secretary of State may appoint as non-executive members persons who are members of the OFCOM Consumer Panel and/or the Financial Services Consumer Panel where these persons have been nominated by the Panel in question following consultation with the Council Chairman. The Secretary of State is obliged to secure that a majority of members of the Council are non-executive. In making appointments to the Council, this paragraph provides that the Secretary of State must have regard to the desirability of appointing one or more members with experience of work among and the special needs of disabled persons.

177.Paragraph 2, subject to the other provisions of Schedule 1, establishes that members of the Council will be appointed to, and vacate, their office according to the terms and conditions of their appointment.

178.Paragraph 3 enables the Council to make payments in relation to non-executive members’ remuneration, pensions, allowances or gratuities. The Council may also pay travelling and other allowances to any member.

179.Paragraph 4 defines the term of a non-executive appointment as a fixed period not exceeding five years, and permits re-appointment for one further period of up to five years.

180.Paragraph 5 describes circumstances where individuals will cease to be members of the Council. The Secretary of State is empowered to terminate the appointment of a chairman or other member who is unable, unfit, or unwilling to fulfil the functions of his or her appointment.

181.Paragraph 6 enables the Council to pay compensation to members who leave office early.

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