2(1)[F1Where [F2the office]] of Commissioner becomes vacant, Her Majesty may, pending the appointment of the new Commissioner, appoint a person under this paragraph to act as [F3the] Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.E+W+S
[F4(1A)A person appointed to act as the Commissioner (“an acting Commissioner”) may have held office as the Commissioner.
(1B)A person appointed as an acting Commissioner is eligible for appointment as the Commissioner unless he has already held office as the Commissioner.]
(2)A person appointed [F5as acting Commissioner,] shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—
(a)until the appointment of the new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first, and
(b)in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.
[F6(3)A person appointed as an acting Commissioner shall, while he holds office, be treated for all purposes, except for the purposes of paragraphs 1, 4 to 10 and this paragraph, as the Commissioner.]
Textual Amendments
F1Words in Sch. 1 para. 2(1) substituted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(4) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F2Words in Sch. 1 para. 2(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(e)(i)
F3Word in Sch. 1 para. 2(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(e)(ii)
F4Sch. 1 para. 2(1A)(1B) inserted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(a) (with regs. 44-46)
F5Words in Sch. 1 para. 2(2) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(b) (with regs. 44-46)
F6Sch. 1 para. 2(3) substituted (with application in accordance with Sch. 8 para. 16 of the amending S.I.) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 15(3)(c) (with regs. 44-46)
Modifications etc. (not altering text)
C1Sch 1. para. 2: transfer of certain functions (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 24