Prospective
10(1)The Lord Chancellor may appoint a person as the Interim Chief Executive of the OLC.E+W+S
(2)The Interim Chief Executive is to be—
(a)appointed on terms and conditions determined by the Lord Chancellor, and
(b)paid by the Lord Chancellor in accordance with provision made by or under the terms of appointment.
(3)Appointment as the Interim Chief Executive does not confer the status of Crown servant.
(4)In this paragraph—
“the first interim period” means the period which—
begins when sub-paragraph (5) comes into force, and
ends when the chairman of the Board, and at least 7 other ordinary members of the Board (within the meaning of Schedule 1), have been appointed in accordance with paragraph 1 of Schedule 1;
“the second interim period” means the period which—
begins when the chairman of the Board, and at least 7 other ordinary members of the Board (within the meaning of Schedule 1), have been appointed in accordance with paragraph 1 of Schedule 1, and
ends when the membership of the OLC is first constituted in accordance with paragraph 1 of Schedule 15.
(5)The Interim Chief Executive may incur expenditure and do other things in the name of and on behalf of the OLC—
(a)from the beginning of the first interim period, and
(b)after that time until the OLC determines otherwise.
(6)The things which may be done under sub-paragraph (5)—
(a)include the appointment of staff under paragraph 13 of Schedule 15 and making arrangements for assistance under paragraph 18 of that Schedule, but
(b)do not include the appointment of an ombudsman under section 122 or the making of scheme rules.
(7)During the first interim period, the Interim Chief Executive must comply with any supervisory directions given by the Lord Chancellor.
(8)During the second interim period, the Interim Chief Executive must comply with any supervisory directions given by the Board.
(9)The supervisory directions are—
(a)a direction requiring the Interim Chief Executive to provide the person giving the direction with a report on, or information relating to, such matters as are specified in the direction;
(b)a direction requiring the Interim Chief Executive to obtain the approval of the person giving the direction before incurring expenditure in such circumstances as are specified in the direction;
(c)any other direction relating to the exercise of the Interim Chief Executive's functions which the person giving the direction considers appropriate.
(10)Paragraph 34 of Schedule 15 (exemption from liability in damages) applies to the Interim Chief Executive as it applies to a member of the OLC.