Competition Act 1998

Membership of the Commission

2 (1) The Commission is to consist of—

(a) members appointed by the Secretary of State to form a panel for the purposes of the Commission’s functions in relation to appeals;

(b) members appointed by the Secretary of State to form a panel for the purposes of the Commission’s general functions;

(c) members appointed (in accordance with paragraph 15(5)) from the panel maintained under paragraph 22;

(d) members appointed by the Secretary of State under or by virtue of—

(i) section 12(4) or 14(8) of the [1991 c. 56.] Water Industry Act 1991;

(ii) section 12(9) of the [1989 c. 29.] Electricity Act 1989;

(iii) section 13(10) of the [1984 c. 12.] Telecommunications Act 1984;

(iv) Article 15(9) of the [S.I. 1992/231 (N.I.1).] Electricity (Northern Ireland) Order 1992.

(2) A person who is appointed as a member of a kind mentioned in one of paragraphs (a) to (c) of sub-paragraph (3) may also be appointed as a member of either or both of the other kinds mentioned in those paragraphs.

(3) The kinds of member are—

(a) an appeal panel member;

(b) a reporting panel member;

(c) a specialist panel member.

(4) Before appointing a person who is qualified for appointment to the panel of chairmen (see paragraph 26(2)), the Secretary of State must consult the Lord Chancellor or Lord Advocate, as he considers appropriate.

(5) The validity of the Commission’s proceedings is not affected by a defect in the appointment of a member.