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1[F2(1)The Director General holds office in accordance with the terms of his or her appointment.
(1A)A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).]
(2)A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as [F3Director General]; and an appointment made in contravention of this sub-paragraph shall have no effect.
(3)The appointment of the [F4Director General] shall be for a term not exceeding five years; but the [F5Director General] shall be eligible for re-appointment at the end of his term of office.
(4)The [F6Director General] may be removed from office by Her Majesty either—
(a)at his own request; or
(b)on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the [F7Director General].
(5)The following are grounds for removing the [F8Director General] from office—
(a)that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;
(b)that he has become a person falling within one or more paragraphs of section 9(3);
(c)that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;
(d)that he is a person who—
(i)has had a bankruptcy order made against him;
(ii)has had his estate sequestrated; or
(iii)has made a composition or arrangement with, or granted a trust deed for, his creditors;
(e)that he is subject to—
(i)a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under [F9the Company Directors Disqualification (Northern Ireland) Order 2002] (S.I. 1989/2404 (N.I. 18)); or
(ii)an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);
(f)that he has acted improperly in relation to his duties; or
(g)that he is otherwise unable or unfit to perform his duties.
(6)For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.
Textual Amendments
F1Sch. 2 para. 1 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 55(3); S.I. 2017/1249, reg. 2 (with reg. 3)
F2Sch. 2 para. 1(1)(1A) substituted for Sch. 2 para. 1(1) (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(2); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F3Words in Sch. 2 para. 1(2) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(3); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F4Words in Sch. 2 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(4)(a); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F5Words in Sch. 2 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(4)(b); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F6Words in Sch. 2 para. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(5)(a); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F7Words in Sch. 2 para. 1(4) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(5)(b); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F8Words in Sch. 2 para. 1(5) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 2(6); S.I. 2017/399, reg. 2, Sch. para. 39(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F9Words in Sch. 2 para. 1(5)(e)(i) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 197(a) (with art. 10)
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