Terms of appointment and remunerationE+W
2E+WThe members of the Commission hold and vacate office as such in accordance with the terms of their respective appointments.
3(1)An appointment of a person to hold office as a member of the Commission must be for a term of no more than 3 years.E+W
(2)A person holding office as a member of the Commission—
(a)may resign that office by giving notice in writing to the [F1Secretary of State], and
(b)may be removed from office by the [F2Secretary of State] on the ground of incapacity or misbehaviour.
(3)Before removing a member of the Commission the [F3Secretary of State] must consult—
(a)the Commission, and
(b)if the member was appointed following consultation with the Welsh Ministers, the Welsh Ministers.
(4)No person may hold office as a member of the Commission for more than 10 years in total.
(5)For the purposes of sub-paragraph (4), time spent holding office as a Charity Commissioner for England and Wales counts as time spent holding office as a member of the Commission.
Textual Amendments
F1Words in Sch. 1 para. 3(2)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
F2Words in Sch. 1 para. 3(2)(b) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
F3Words in Sch. 1 para. 3(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
4(1)The Commission must pay to its members such remuneration, and such other allowances, as may be determined by the [F4Secretary of State].E+W
(2)The Commission must, if required to do so by the [F5Secretary of State]—
(a)pay such pension, allowances or gratuities as may be determined by the [F6Secretary of State] to or in respect of a person who is or has been a member of the Commission, or
(b)make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
(3)Sub-paragraph (4) applies if the [F7Secretary of State] determines that there are special circumstances which make it right for a person ceasing to hold office as a member of the Commission to receive compensation.
(4)The Commission must pay to the person a sum by way of compensation of such amount as may be determined by the [F8Secretary of State].
Textual Amendments
F4Words in Sch. 1 para. 4(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
F5Words in Sch. 1 para. 4(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
F6Words in Sch. 1 para. 4(2)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
F7Words in Sch. 1 para. 4(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)
F8Words in Sch. 1 para. 4(4) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)