45. In Schedule 1 to the Energy Order—
(a)after paragraph 2 there shall be inserted the following paragraph—
“2A. A person holding office as chairman or other member shall not—
(a)carry out any activity or have any financial or other interest that might compromise or might reasonably be seen to compromise that person’s impartiality; or
(b)seek or take any instructions from any person or body that might compromise or might reasonably be seen to compromise the independence of the Authority when the Authority is carrying out functions in its capacity as national regulatory authority for Northern Ireland.”; and
(b)for paragraph 3 there shall be substituted the following paragraph—
“3.—(1) No person shall be appointed to hold office as chairman or other member for a term of less than 5 years or for a term of more than 7 years.
(2) If a person who is on the Authority’s staff, is appointed as chairman or other member, the Department of Finance and Personnel may make the appointment subject to the condition that the appointment will end if that person ceases to be on the Authority’s staff.
(3) The appointment of a person as chairman or other member may be renewed only once.
(4) To ensure continuity of the functioning of the Authority, the Department of Finance and Personnel shall ensure that there is a rotation of the Authority’s membership. To do this, that Department shall appoint members so that their terms of office will not all expire at the same time.
(5) A person holding office as chairman or other member may resign that office by giving notice in writing to the Department of Finance and Personnel.
(6) A person holding office as chairman or other member may only be removed from office by the Department of Finance and Personnel, and on one of the following grounds only—
(a)a breach of paragraph 2A;
(b)incapacity; or
(c)misbehaviour.”.
Commencement Information
I1Reg. 45 in operation at 15.4.2011, see reg. 1