Equality Act 2006

Part 1E+W+SConstitution

MembershipE+W+S

1(1)The [F1Secretary of State] shall appoint not less than 10 or more than 15 individuals as members of the Commission (to be known as Commissioners).E+W+S

(2)The chief executive of the Commission (appointed under paragraph 7 below) shall be a Commissioner ex officio.

2(1)In appointing Commissioners the [F1Secretary of State] shall—E+W+S

(a)appoint an individual only if the [F1Secretary 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 [F1Secretary 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 [F2Welsh Ministers]F2, 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).

TenureE+W+S

3(1)A Commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).E+W+S

(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 [F1Secretary of State].

(5)The [F1Secretary of State] may dismiss a Commissioner who is, in the opinion of the [F1Secretary of State], unable, unfit or unwilling to perform his functions.

(6)This paragraph does not apply to the chief executive.

ChairmanE+W+S

4(1)The [F1Secretary of State] shall appoint—E+W+S

(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 [F1Secretary 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.