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5.—(1) Despite article 3, each existing member shall continue to remain in office until the expiry of the member’s existing term or until the member ceases to be a member for any other reason before then.
(2) The Authority must decide which of each of the existing members’ places should be filled with a new appointment on the expiry of the member’s existing term or on the member ceasing to be a member for any other reason before then.
(3) The Authority must exercise their powers under paragraph (2) with the objective of ensuring that after the relevant date, no fewer than six and no more than eight further members will have been appointed in accordance with section 4(1)(c) of the 2002 Act.
(4) As respects the existing members, paragraph 3 of Schedule 2 to the 2002 Act shall apply without the amendment in paragraph 5(a) of the Schedule to this Order.
(5) In this article—
“existing member” means a member of the Authority who was appointed under section 4(1)(c) of the 2002 Act and who was in office immediately before the date on which this Order came into force;
“existing term” means the term of office being served by a member of the Authority on the date on which this Order came into force; and
“the relevant date” means whichever of the following applies—
the date on which the last remaining existing member is reappointed after the expiry of that member’s existing term;
the date on which a different person is appointed to replace the last remaining existing member after the expiry of that member’s existing term or on the member ceasing to be a member for any other reason before then; or
the date on which the last remaining existing member ceases to be a member for any reason, if that member is neither reappointed nor replaced.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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