Apprenticeships, Skills, Children and Learning Act 2009

The deputy and other ordinary members: tenure

4 (1) The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.

(2) An ordinary member must not be appointed for a term of more than 5 years.

(3) The deputy may resign from office at any time by giving written notice to Ofqual.

(4) The ordinary members may resign from office at any time by giving written notice to the Secretary of State

(5) Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.

(6) The Secretary of State may remove an ordinary member from office on either of the following grounds—

(a) inability or unfitness to carry out the duties of office;

(b) absence from Ofqual’s meetings for a continuous period of more than 6 months without Ofqual’s permission.

(7) Before removing an ordinary member from office, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (9)).

(8) The Secretary of State may consult the deputy instead of the Chief Regulator only if—

(a) the ordinary member to be removed from office is not the deputy, and

(b) the Secretary of State is satisfied that—

(i) it is not practicable to consult the Chief Regulator, and

(ii) it is necessary to remove the ordinary member from office before it would be practicable to do so.

(9) The Secretary of State may remove an ordinary member from office without consulting either the Chief Regulator or the deputy if satisfied that—

(a) if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;

(b) in any other case, sub-paragraph (11) applies.

(10) This sub-paragraph applies if—

(a) it is not practicable to consult the Chief Regulator, and

(b) it is necessary to remove the ordinary member from office before it would be practicable to do so.

(11) This sub-paragraph applies if—

(a) it is not practicable to consult either the Chief Regulator or the deputy, and

(b) it is necessary to remove the ordinary member from office before it would be practicable to do so.

(12) The Secretary of State must consult the Department for Employment and Learning in Northern Ireland before removing the Northern Ireland member from office.

(13) The previous appointment of a person as the deputy or another ordinary member does not affect the person’s eligibility for re-appointment.

(14) If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.