Enterprise Act 2016

8(1)The nominated person is to act as Commissioner—U.K.

(a)during any vacancy in the office of Commissioner, or

(b)if the Commissioner is disqualified.

(2)“The nominated person” means—

(a)if there is only one Deputy Commissioner who is not disqualified, that Deputy Commissioner,

(b)if there is more than one Deputy Commissioner who is not disqualified, such of them as the Secretary of State appoints to act as Commissioner, or

(c)if neither paragraph (a) nor (b) applies, a member of the Commissioner's staff appointed under paragraph 11, or seconded under paragraph 12, who is appointed by the Secretary of State to act as Commissioner.

(3)For the purposes of this paragraph a person is “disqualified” if the person is absent, subject to suspension or unable to act (whether as a result of arrangements under paragraph 9 or otherwise).