SCHEDULES
SCHEDULE 1The Commission: Constitution, &c.
Part 1Constitution
Membership
1
1
The F2Secretary of State shall appoint not less than 10 or more than 15 individuals as members of the Commission (to be known as Commissioners).
2
The chief executive of the Commission (appointed under paragraph 7 below) shall be a Commissioner ex officio.
2
1
In appointing Commissioners the F2Secretary of State shall—
a
appoint an individual only if the F2Secretary of State thinks that the individual—
i
has experience or knowledge relating to a relevant matter, or
ii
is suitable for appointment for some other special reason, and
b
have regard to the desirability of the Commissioners together having experience and knowledge relating to the relevant matters.
2
For the purposes of sub-paragraph (1) the relevant matters are those matters in respect of which the Commission has functions including, in particular—
a
discrimination (whether on grounds of age, disability, gender, gender reassignment, race, religion or belief, sexual orientation or otherwise), and
b
human rights.
3
The F2Secretary of State shall ensure that the Commission includes—
a
a Commissioner appointed under paragraph 1(1) who is (or has been) a disabled person,
b
a Commissioner appointed under paragraph 1(1), with the consent of the Scottish Ministers, who knows about conditions in Scotland, and
4
A person may not be appointed for the purpose of satisfying more than one paragraph of sub-paragraph (3).
Tenure
3
1
A Commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).
2
The appointment of a Commissioner must be expressed to be for a specified period of not less than two years or more than five years.
3
A Commissioner whose period of membership has expired may be re-appointed.
4
A Commissioner may resign by notice in writing to the F2Secretary of State.
5
6
This paragraph does not apply to the chief executive.
Chairman
4
1
The F2Secretary of State shall appoint—
a
a Commissioner as Chairman, and
b
one or more Commissioners as deputy Chairman.
2
The Chairman shall—
a
preside over meetings of the Commission,
b
perform such functions as may be specified in the terms of his appointment, and
c
perform such other functions as may be assigned to him by the Commission.
3
A deputy Chairman—
a
may act for the Chairman when he is unavailable, and
b
shall perform—
i
such functions as may be specified in the terms of his appointment, and
ii
such other functions as the Chairman may delegate or assign to him.
4
The Chairman or a deputy Chairman—
a
shall vacate office if he ceases to be a Commissioner,
b
may resign by notice in writing to the F2Secretary of State, and
c
otherwise, shall hold and vacate office in accordance with the terms of his appointment (and may be reappointed).
5
If the Chairman resigns he shall cease to be a Commissioner (but he may be reappointed as a Commissioner).
6
The chief executive may not be appointed Chairman or deputy Chairman.