The Pension Protection Fund (Appointment of Ordinary Members) Regulations 2005

Regulation 2(1)

SCHEDULE PROCEDURE FOR THE APPOINTMENT OF ORDINARY MEMBERS BY THE BOARD

1.  Where the Board wishes to make an appointment of an ordinary member, the Board must publicise the vacancy in an effective and proportionate manner.

2.  The Board must produce a role description and person specification tailored to the particular vacancy.

3.  The role description must include a description of the office to be filled, the duration of the appointment, details of remuneration and expenses applicable to the office, the terms and conditions of the appointment, and a realistic indication of the time commitment likely to be required from the office holder.

4.  The person specification must set out the qualities, experience, competencies and any professional qualifications sought.

5.  The Board must send to any person who expresses an interest in applying for the vacancy an information pack which must, as a minimum, contain—

(a) an application form;

(b) the role description and person specification;

(c) a description of the functions of the Board;

(d) information on the appointment process including how long it will take;

(e) details of any provision for the reimbursement of expenses incurred by the applicant in relation to the appointment process;

(f) a contact name should the applicant have any questions about the process;

(g) a questionnaire to enable the Board to monitor equal opportunities issues; and

(h) the closing date for applications.

6.  The application form must specify which information provided by the applicant will be placed in the public domain if he is successful.

7.  The Board must comply with a reasonable request by an applicant for the information contained within the information packs to be provided in an alternative format. The Board may provide the information on audiotape, in Braille, in large print or in such other format as the Board reasonably considers to be appropriate.

8.  The closing date for applications must be specified wherever the vacancy is publicised and must not be changed unless the Board considers that it is necessary, in which case the reasons must be documented.

9.  The Board must ensure that a person who is not a member of the Board or on the staff of the Board and who is otherwise independent of the Board (“independent person”) oversees the appointment process, including the publicising of the vacancy and the issue of information packs, the short-listing and interview of applicants and final decision-making.

10.  The Board may consider an applicant for appointment only if he has submitted an application by the closing date.

11.  The Board must assess the suitability of each applicant and decide upon a short list by reference to the role description and person specification.

12.  The Board may appoint an applicant only after he has been interviewed.

13.  The Board must fully document its decisions relating to the short-listing of applicants and its decisions following interview, and the documentation must be held by the Board for at least two years.

14.  Before short-listing, the Board must—

(a) inform applicants of the standards of probity and corporate responsibility required of Board members;

(b) ask applicants to disclose to the Board anything that might constitute a conflict of interest; and

(c) ask applicants to take into account the statutory disqualifications which apply in respect of members of the House of Commons, members of the European Parliament, members of the Northern Ireland Assembly, members of the Scottish Parliament, and members of the Welsh Assembly(1).

15.  Before the Board appoints an applicant as an ordinary member it must—

(a) explore and resolve to its satisfaction any questions of conflict of interest that arise in relation to the applicant; and

(b) ensure that the independent person records his level of satisfaction with the process.

16.  At the end of the appointment process the Board is not obliged to appoint one of the applicants, and may initiate a new appointment process if no applicant is considered by the Board to be suitable.

17.  The Board must publicise any appointment of an ordinary member in a manner which the Board considers appropriate.

18.  The Board must carry out all aspects of the appointment process in a manner that applies the principles of merit, equal opportunities, probity, openness and transparency, and proportionality, taking account of the description of these principles in The Commissioner for Public Appointments Code of Practice For Ministerial Appointments To Public Bodies published in December 2003(2).

(1)

See the terms of disqualification under the House of Commons Disqualification Act 1975 (c. 24) as amended by Schedule 5, paragraph 26 to the Pensions Act 2004; the European Parliamentary Elections Act 2002 (c. 24); the Northern Ireland Assembly Disqualification Act 1975 (c. 25) as amended by Schedule 5, paragraph 27 to the Pensions Act 2004; and Orders made under the Scotland Act 1998 (c. 46) and the Government of Wales Act 1998( c. 38).

(2)

The Code of Practice was published by the Office of the Commissioner for Public Appointments. Copies of the Code are available from the Office of the Commissioner for Public Appointments, 3^rd floor, 35 Great Smith Street, London SW1P 3BQ, and can be accessed at the website www.ocpa.gov.uk.