Part 8

Oversight arrangements
CHAPTER 1

Investigatory Powers Commissioner and other Judicial Commissioners

The Commissioners

Terms and conditions of appointment
228
1
Subject as follows, each Judicial Commissioner holds and vacates office in accordance with the Commissioner's terms and conditions of appointment.
2
Each Judicial Commissioner is to be appointed for a term of three years.
3
A person who ceases to be a Judicial Commissioner (otherwise than under subsection (5)) may be re-appointed under section 227(1).
4
A Judicial Commissioner may not, subject to subsection (5), be removed from office before the end of the term for which the Commissioner is appointed unless a resolution approving the removal has been passed by each House of Parliament.
5
A Judicial Commissioner may be removed from office by the Prime Minister if, after the appointment of the Commissioner—
a
a bankruptcy order is made against the Commissioner or the Commissioner's estate is sequestrated or the Commissioner makes a composition or arrangement with, or grants a trust deed for, the Commissioner's creditors,
b
any of the following orders is made against the Commissioner—
i
a disqualification order under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002,
ii
an order under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order),
iii
an order under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order),
c
the Commissioner's disqualification undertaking is accepted under section 7 or 8 of the Company Directors Disqualification Act 1986 or under the Company Directors Disqualification (Northern Ireland) Order 2002, or
d
the Commissioner is convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and receives a sentence of imprisonment (whether suspended or not).
6
A person ceases to be a Deputy Investigatory Powers Commissioner if—
a
the person ceases to be a Judicial Commissioner,
b
the Investigatory Powers Commissioner removes the person from being a Deputy Investigatory Powers Commissioner, or
c
the person resigns as a Deputy Investigatory Powers Commissioner.
S. 228(2) excluded (temp.) (27.3.2020) by The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (S.I. 2020/360), regs. 1(2), 3(3) (with reg. 5)
S. 228(6) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 7(3), 32(2); S.I. 2024/1021, reg. 2(g)