Part II: Membership During Suspension of Devolved Government
92.Paragraph 3 sets out the arrangements for appointment to the Board by the Secretary of State during direct rule. The Board is to consist of 14 to 19 members appointed by the Secretary of State. Sub-paragraph (3) r equires the Secretary of State to ensure, as far as practicable, that membership of the Board is representative of the community in Northern Ireland.
93.As under the 1998 Act, before making any appointment, the Secretary of State must consult district councils and any other body he considers appropriate (sub-paragraph (4)). There is no requirement for consultation where the Secretary of State is making the first appointments to the Board after the Assembly has, at any time, been suspended (sub-paragraph (6)). This is to enable the swift replacement of the members who will automatically cease to hold office immediately on suspension of devolved government.
94.Sub-paragraph (7) sets out grounds for disqualification. Sub-paragraphs (8)-(10) specify that there shall be a chairman and vice chairman initially appointed by the Secretary of State, but, thereafter, appointed by the Board from among its members. The quorum for a meeting making such an appointment is specified under paragraph 17(2)). The quorum is 12 when there are 19 members; 11 for a Board of 16, 17 or 18; and 10 when the Board has fewer than 16 members.
95.Paragraph 4, sub-paragraph (5) sets out the grounds for removal of Board members. These include criminal conviction, not being committed to non-violence and exclusively peaceful and democratic means, being unfit or failing to disclose, before appointment, a criminal conviction.
