Local Democracy, Economic Development and Construction Act 2009

Prospective

MembersE+W

1(1)The Local Government Boundary Commission for England (“the Commission”) is to consist of—E+W

(a)the chair of the Commission, and

(b)at least four and no more than eleven other members (“ordinary members”).

(2)The ordinary members are to be appointed by Her Majesty on the recommendation of the Secretary of State.

(3)The following may not be appointed as an ordinary member—

(a)a member of a registered party;

(b)a person who is, or has at any time with the last ten years been, an officer or employee of a registered party or of any accounting unit of such a party;

(c)a person who holds, or has at any time within the last ten years held, a relevant elective office (within the meaning of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”));

(d)a person who has at any time within the last ten years been named—

(i)as a donor in the register of donations reported under Chapter 3 or 5 of Part 4 of the 2000 Act, or

(ii)as a participant in the register of recordable transactions reported under Part 4A of that Act.

(4)A person may not be appointed as an ordinary member for a period of more than five years at any one time.

(5)Subject to the provisions of this paragraph, an ordinary member holds office—

(a)for the term for which the ordinary member is appointed, and

(b)otherwise in accordance with the terms of their appointment.

(6)An ordinary member ceases to hold office if—

(a)the ordinary member consents to being nominated as a candidate at a relevant election (within the meaning of Part 2 of the 2000 Act) or to being included in a registered party's list of candidates at such an election,

(b)the ordinary member takes up any office or employment in or with—

(i)a registered party or any accounting unit of such a party,

(ii)a recognised third party (within the meaning of Part 6 of the 2000 Act), or

(iii)a permitted participant (within the meaning of Part 7 of that Act),

(c)the ordinary member is named as a donor in the register of donations reported under Chapter 3 or 5 of Part 4 of the 2000 Act or in any statement of donations included in a return delivered to the Electoral Commission under section 98 or 122 of that Act,

(d)the ordinary member is named as a participant in the register of recordable transactions reported under Part 4A of that Act, or

(e)the ordinary member becomes a member of a registered party.

(7)An ordinary member may, on the member's request, be relieved of office by Her Majesty.

(8)An ordinary member may, on the recommendation of the Secretary of State, be removed from office by Her Majesty on any of the following grounds—

(a)failure to discharge the functions of membership for a continuous period of at least three months;

(b)failure to comply with the terms of appointment;

(c)conviction of a criminal offence;

(d)being an undischarged bankrupt or having their estate sequestrated in Scotland and not being discharged;

(e)making an arrangement or composition contract with, or granting a trust deed for, their creditors;

(f)otherwise being unfit to hold office or unable to carry out the functions of membership.

(9)No-one may serve as an ordinary member for more than ten years (continuously or otherwise).

(10)Service as an ordinary member is not service in the civil service of the State.