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SCHEDULES

[F1SCHEDULE 1E+W+N.I.[F2Independent Safeguarding Authority]

Tenure of officeE+W+N.I.

2(1)The chairman and members hold and must vacate office as such in accordance with the terms of their respective appointments.E+W+N.I.

(2)The appointment of a person to hold office is for a term not exceeding five years.

(3)A person holding office may at any time resign that office by giving notice in writing to the Secretary of State.

(4)The Secretary of State may by notice in writing remove a person from office if satisfied that any of the following applies to him—

(a)he has, without reasonable excuse, failed, for a continuous period of three months, to carry out his functions;

(b)he has been convicted (whether before or after his appointment) of a criminal offence;

(c)he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;

[F3(ca)a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);]

(d)he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;

[F4(da)he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);]

(e)he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(f)he has failed to comply with the terms of his appointment;

(g)he is otherwise unable or unfit to carry out his functions as chairman or member.

(5)A person who ceases to be chairman or a member is eligible for re-appointment, except where he is removed from office under sub-paragraph (4).]

Textual Amendments

Commencement Information

I1Sch. 1 para. 2 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3

I2Sch. 1 para. 2 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)