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

c

a Commissioner appointed under paragraph 1(1), with the consent of the F1Welsh MinistersF1, who knows about conditions in Wales.

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

The F2Secretary of State may dismiss a Commissioner who is, in the opinion of the F2Secretary of State, unable, unfit or unwilling to perform his functions.

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.