2(1)Subject to the provisions of this Schedule, a person shall hold office as an ordinary member in accordance with the terms of his appointment.
(2)An appointment as an ordinary member may be to whole or to part time membership of the Commission.
(3)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 is sentenced, be appointed as an ordinary member; and an appointment made in contravention of this sub-paragraph shall have no effect.
(4)A person shall not be appointed to be an ordinary member for a term of more than five years; but an ordinary member shall be eligible for re-appointment at the end of his term of office.
(5)An ordinary member may at any time resign his office as a member of the Commission by notice in writing to the Secretary of State.
(6)The Secretary of State may at any time remove a person from office as an ordinary member if he is satisfied that that person—
(a)has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months beginning not earlier than six months before that time;
(b)has become a person falling within one or more paragraphs of section 9(3);
(c)has, since his appointment, been sentenced to imprisonment for a term of three months or more;
(d)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)is subject to—
(i)a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under Part 2 of the Companies (Northern Ireland) Order 1989 (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)has acted improperly in relation to his duties; or
(g)is otherwise unable or unfit to perform his duties.
(7)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.
(8)In this paragraph “ordinary member” means a member of the Commission other than the chairman.