Constitutional Reform and Governance Act 2010

Resignation or removal from office

5 (1) This paragraph is about resignation or removal from the office of First Commissioner or Commissioner.

(2) A person may resign from office by giving written notice to the Minister for the Civil Service.

(3) Her Majesty may, on the recommendation of the Minister, remove a person from office if a condition in sub-paragraph (4) is met.

(4) The conditions are that—

(a) the person is absent from three successive meetings of the Commission without the Commission’s approval;

(b) the person is convicted of an offence (see sub-paragraph (5));

(c) the person becomes bankrupt (see sub-paragraph (6));

(d) the person is unfit or unable to carry out the functions of the office.

(5) For the purpose of determining if a person is convicted of an offence—

(a) it does not matter where the person is convicted;

(b) an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).

(6) A person becomes bankrupt if—

(a) in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or

(b) in Scotland, the person’s estate is sequestrated.