Parliamentary and Health Service Commissioners Act 1987

6 Appointment of acting Commissioners.

(1) The following section shall be inserted after section 3 of the 1967 Act—

“3A Appointment of acting Commissioner.

(1) Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

(2) A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a) until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Treasury may determine.

(3) A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 2 of this Act, as the Commissioner.

(4) Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.”

(2) The following section shall be inserted after section 108 of the 1977 Act—

“108A Appointment of acting Commissioners.

(1) Where the office of Health Service Commissioner for England or Health Service Commissioner for Wales becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

(2) A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a) until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

(3) A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 107 above, as the Commissioner.

(4) Any salary, pension or other benefit payable by virtue of this secton shall be charged on and issued out of the Consolidated Fund.

(5) A person who is a member of a relevant body (within the meaning of section 109 below) shall not be appointed under this section; and a person so appointed shall not, during his appointment, become a member of a relevant body.”.

(3) The following section shall be inserted after section 92 of the 1978 Act—

“92A Appointment of acting Commissioner.

(1) Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

(2) A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a) until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

(3) A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 91, as the Commissioner.

(4) Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

(5) A person appointed under this section shall not, during his appointment, be a member of a body subject to investigation or any management committee thereof.”.