Schedules
Schedule 9The Office of Qualifications and Examinations Regulation
The deputy and other ordinary members: tenure
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1
The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.
2
An ordinary member must not be appointed for a term of more than 5 years.
3
The deputy may resign from office at any time by giving written notice to Ofqual.
4
The ordinary members may resign from office at any time by giving written notice to the Secretary of State
5
Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.
6
The Secretary of State may remove an ordinary member from office on either of the following grounds—
a
inability or unfitness to carry out the duties of office;
b
absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.
7
Before removing an ordinary member from office, the Secretary of State must consult the F1chair or the deputy (subject to sub-paragraph (9)).
8
The Secretary of State may consult the deputy instead of the F1chair only if—
a
the ordinary member to be removed from office is not the deputy, and
b
the Secretary of State is satisfied that—
i
it is not practicable to consult the F1chair , and
ii
it is necessary to remove the ordinary member from office before it would be practicable to do so.
9
The Secretary of State may remove an ordinary member from office without consulting either the F1chair or the deputy if satisfied that—
a
if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;
b
in any other case, sub-paragraph (11) applies.
10
This sub-paragraph applies if—
a
it is not practicable to consult the F1chair , and
b
it is necessary to remove the ordinary member from office before it would be practicable to do so.
11
This sub-paragraph applies if—
a
it is not practicable to consult either the F1chair or the deputy, and
b
it is necessary to remove the ordinary member from office before it would be practicable to do so.
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13
The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.
14
If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.