Serious Organised Crime and Police Act 2005

Tenure of office: chairman and ordinary members U.K.

2 U.K. The chairman and the ordinary members shall hold and vacate office as such in accordance with the terms of their respective appointments. This is subject to paragraphs 3 and 4.

Commencement Information

I1 Sch. 1 para. 2 in force at 1.3.2006 for specified purposes by S.I. 2006/378, art. 2(1) (with art. 2(2)-(4))

I2 Sch. 1 para. 2 in force at 1.4.2006 in so far as not already in force by S.I. 2006/378, art. 4(1), Sch. para. 1 (with art. 4(2)-(7))

3 (1) An appointment of a person to hold office as chairman or ordinary member shall be for a term not exceeding five years. U.K.

(2) A person holding office as chairman or ordinary member may at any time resign that office by giving notice in writing to the Secretary of State.

Commencement Information

I3 Sch. 1 para. 3 in force at 1.3.2006 for specified purposes by S.I. 2006/378, art. 2(1) (with art. 2(2)-(4))

I4 Sch. 1 para. 3 in force at 1.4.2006 in so far as not already in force by S.I. 2006/378, art. 4(1), Sch. para. 1 (with art. 4(2)-(7))

4 U.K. The Secretary of State may by notice in writing remove a person from office as chairman or ordinary member if satisfied that—

(a) he has without reasonable excuse failed, for a continuous period of three months, to carry out his functions as chairman or ordinary member;

(b) he has without reasonable excuse been absent from three consecutive meetings of SOCA;

(c) he has been convicted (whether before or after his appointment) of a criminal offence;

(d) he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;

(e) he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;

(f) he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(g) he has failed to comply with the terms of his appointment; or

(h) he is otherwise unable or unfit to carry out his functions as chairman or ordinary member.

Commencement Information

I5 Sch. 1 para. 4 in force at 1.3.2006 for specified purposes by S.I. 2006/378, art. 2(1) (with art. 2(2)-(4))

I6 Sch. 1 para. 4 in force at 1.4.2006 in so far as not already in force by S.I. 2006/378, art. 4(1), Sch. para. 1 (with art. 4(2)-(7))

5 U.K. A person who ceases to be the chairman or an ordinary member is eligible for re-appointment, except where he is removed from office under paragraph 4.

Commencement Information

I7 Sch. 1 para. 5 in force at 1.3.2006 for specified purposes by S.I. 2006/378, art. 2(1) (with art. 2(2)-(4))

I8 Sch. 1 para. 5 in force at 1.4.2006 in so far as not already in force by S.I. 2006/378, art. 4(1), Sch. para. 1 (with art. 4(2)-(7))