Equality Act 2006

Part 1 E+W+S Constitution

Membership E+W+S

1 (1) The [F1 Minister]F1 shall appoint not less than 10 or more than 15 individuals as members of the Commission (to be known as Commissioners). E+W+S

(2) The chief executive of the Commission (appointed under paragraph 7 below) shall be a Commissioner ex officio.

Textual Amendments

F1 Sch. 1: "Minister" substituted (12.10.2007) for "Secretary of State" in each place by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 16(o)

2 (1) In appointing Commissioners the [F2 Minister]F2 shall— E+W+S

(a) appoint an individual only if the [F2 Minister]F2 thinks that the individual—

(i) has experience or knowledge relating to a relevant matter, or

(ii) is suitable for appointment for some other special reason, and

(b) have regard to the desirability of the Commissioners together having experience and knowledge relating to the relevant matters.

(2) For the purposes of sub-paragraph (1) the relevant matters are those matters in respect of which the Commission has functions including, in particular—

(a) discrimination (whether on grounds of age, disability, gender, gender reassignment, race, religion or belief, sexual orientation or otherwise), and

(b) human rights.

(3) The [F2 Minister]F2 shall ensure that the Commission includes—

(a) a Commissioner appointed under paragraph 1(1) who is (or has been) a disabled person,

(b) a Commissioner appointed under paragraph 1(1), with the consent of the Scottish Ministers, who knows about conditions in Scotland, and

(c) a Commissioner appointed under paragraph 1(1), with the consent of the [F3 Welsh Ministers]F3 , who knows about conditions in Wales.

(4) A person may not be appointed for the purpose of satisfying more than one paragraph of sub-paragraph (3).

Textual Amendments

F2 Sch. 1: "Minister" substituted (12.10.2007) for "Secretary of State" in each place by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 16(o)

F3 Words in Sch. 1 para. 2(3)(c) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 120, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see Government of Wales Act 2006, ss. 46, 161(5)

Tenure E+W+S

3 (1) A Commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule). E+W+S

(2) The appointment of a Commissioner must be expressed to be for a specified period of not less than two years or more than five years.

(3) A Commissioner whose period of membership has expired may be re-appointed.

(4) A Commissioner may resign by notice in writing to the [F4 Minister]F4 .

(5) The [F4 Minister]F4 may dismiss a Commissioner who is, in the opinion of the [F4 Minister]F4 , unable, unfit or unwilling to perform his functions.

(6) This paragraph does not apply to the chief executive.

Textual Amendments

F4 Sch. 1: "Minister" substituted (12.10.2007) for "Secretary of State" in each place by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 16(o)

Chairman E+W+S

4 (1) The [F5 Minister]F5 shall appoint— E+W+S

(a) a Commissioner as Chairman, and

(b) one or more Commissioners as deputy Chairman.

(2) The Chairman shall—

(a) preside over meetings of the Commission,

(b) perform such functions as may be specified in the terms of his appointment, and

(c) perform such other functions as may be assigned to him by the Commission.

(3) A deputy Chairman—

(a) may act for the Chairman when he is unavailable, and

(b) shall perform—

(i) such functions as may be specified in the terms of his appointment, and

(ii) such other functions as the Chairman may delegate or assign to him.

(4) The Chairman or a deputy Chairman—

(a) shall vacate office if he ceases to be a Commissioner,

(b) may resign by notice in writing to the [F5 Minister]F5 , and

(c) otherwise, shall hold and vacate office in accordance with the terms of his appointment (and may be reappointed).

(5) If the Chairman resigns he shall cease to be a Commissioner (but he may be reappointed as a Commissioner).

(6) The chief executive may not be appointed Chairman or deputy Chairman.

Textual Amendments

F5 Sch. 1: "Minister" substituted (12.10.2007) for "Secretary of State" in each place by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 16(o)