Commentary on Sections
Sections 26, 27 and 28 – The advisory panel, appointed members and payment of panel members expenses
105.Section 26 establishes an advisory panel. This is a panel of advisors who provide the Commissioner with advice on the exercise of her or his functions.
106.The statutory members of the panel are listed at section 26(2).The Welsh Ministers may appoint additional members to the advisory panel, these will be known as ‘appointed members’.
107.Prior to appointing an appointed member, the Welsh Ministers must consult with the Commissioner and consider any representations made by the Commissioner.
108.The Welsh Ministers determine the length of time an appointed member is to be appointed to the panel subject to a minimum period of 3 years and a maximum period of 5 years. An appointed member may only be re-appointed once. The appointed member may resign from the panel but must provide a minimum of 3 months’ notice in writing to the Welsh Ministers.
109.The Welsh Ministers may dismiss an appointed member, after consulting with the Commissioner, if they consider that member to be unfit to continue, or unable or unwilling to continue, with the role.
110.Section 28 provides Welsh Ministers with the ability to pay allowances and gratuities to the members of the advisory panel.
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