SCHEDULES
SCHEDULE 5 The Data Protection Commissioner F13. . .
Part I The Commissioner
Status and capacity
1
1
2
The Commissioner and his officers and staff are not to be regarded as servants or agents of the Crown.
Tenure of office F20and appointment
Words in Sch. 5 Pt. I(crossheading)(tenure)(of)(office) inserted (16.3.2015) by Protection of Freedoms Act 2012 (c. 9), ss. 105(4), 120 (with s. 97); S.I. 2015/587, art. 2(a)
2
1
Subject to the provisions of this paragraph, the Commissioner shall hold office for such term not exceeding F23seven years as may be determined at the time of his appointment.
2
The Commissioner may be relieved of his office by Her Majesty at his own request.
3
The Commissioner may be removed from office by Her Majesty in pursuance of an Address from both Houses of Parliament.
F213A
No motion is to be made in either House of Parliament for such an Address unless a Minister of the Crown has presented a report to that House stating that the Minister is satisfied that one or more of the following grounds is made out—
a
the Commissioner has failed to discharge the functions of the office for a continuous period of at least 3 months,
b
the Commissioner has failed to comply with the terms of appointment,
c
the Commissioner has been convicted of a criminal offence,
d
the Commissioner is an undischarged bankrupt or the Commissioner's estate has been sequestrated in Scotland and the Commissioner has not been discharged,
e
the Commissioner has made an arrangement or composition contract with, or has granted a trust deed for, the Commissioner's creditors,
f
the Commissioner is otherwise unfit to hold the office or unable to carry out its functions.
3B
No recommendation may be made to Her Majesty for the appointment of a person as the Commissioner unless the person concerned has been selected on merit on the basis of fair and open competition.
3C
A person appointed as the Commissioner may not be appointed again for a further term of office.
F224
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F225
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salary etc.
3
1
There shall be paid—
a
to the Commissioner such salary, and
b
to or in respect of the Commissioner such pension,
as may be specified by a resolution of the House of Commons.
2
A resolution for the purposes of this paragraph may—
a
specify the salary or pension,
b
provide that the salary or pension is to be the same as, or calculated on the same basis as, that payable to, or to or in respect of, a person employed in a specified office under, or in a specified capacity in the service of, the Crown, or
c
specify the salary or pension and provide for it to be increased by reference to such variables as may be specified in the resolution.
3
A resolution for the purposes of this paragraph may take effect from the date on which it is passed or from any earlier or later date specified in the resolution.
4
A resolution for the purposes of this paragraph may make different provision in relation to the pension payable to or in respect of different holders of the office of Commissioner.
5
Any salary or pension payable under this paragraph shall be charged on and issued out of the Consolidated Fund.
6
In this paragraph “pension” includes an allowance or gratuity and any reference to the payment of a pension includes a reference to the making of payments towards the provision of a pension.
Officers and staff
4
1
The Commissioner—
a
shall appoint a deputy commissioner F2or two deputy commissioners, and
b
may appoint such number of other officers and staff as he may determine.
F31A
The Commissioner shall, when appointing any second deputy commissioner, specify which of the Commissioner’s functions are to be performed, in the circumstances referred to in paragraph 5(1), by each of the deputy commissioners.
2
The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Commissioner.
3
The Commissioner may pay such pensions, allowances or gratuities to or in respect of the persons appointed under this paragraph, or make such payments towards the provision of such pensions, allowances or gratuities, as he may determine.
4
The references in sub-paragraph (3) to pensions, allowances or gratuities to or in respect of the persons appointed under this paragraph include references to pensions, allowances or gratuities by way of compensation to or in respect of any of those persons who suffer loss of office or employment.
F184A
In making appointments under this paragraph, the Commissioner must have regard to the principle of selection on merit on the basis of fair and open competition.
F195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The M2Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Commissioner.
5
1
2
Without prejudice to sub-paragraph (1), any functions of the Commissioner under this Act F6or the Freedom of Information Act 2000 may, to the extent authorised by him, be performed by any of his officers or staff.
Authentication of seal of the Commissioner
6
The application of the seal of the Commissioner shall be authenticated by his signature or by the signature of some other person authorised for the purpose.
Presumption of authenticity of documents issued by the Commissioner
7
Any document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or to be signed by or on behalf of the Commissioner shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
Money
8
The F7 Secretary of State may make payments to the Commissioner out of money provided by Parliament.
9
1
2
Sub-paragraph (1) shall not apply where the F9 Secretary of State , with the consent of the Treasury, otherwise directs.
3
Any sums received by the F9 Secretary of State under sub-paragraph (1) shall be paid into the Consolidated Fund.
Accounts
10
1
It shall be the duty of the Commissioner—
a
to keep proper accounts and other records in relation to the accounts,
b
to prepare in respect of each financial year a statement of account in such form as the F10 Secretary of State may direct, and
c
to send copies of that statement to the Comptroller and Auditor General on or before 31st August next following the end of the year to which the statement relates or on or before such earlier date after the end of that year as the Treasury may direct.
2
The Comptroller and Auditor General shall examine and certify any statement sent to him under this paragraph and lay copies of it together with his report thereon before each House of Parliament.
3
In this paragraph “financial year” means a period of twelve months beginning with 1st April.
Application of Part I in Scotland
11
Paragraphs 1(1), 6 and 7 do not extend to Scotland.
F11F11Part II The Tribunal
Sch. 5 Pt. 2 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 30(b)
Tenure of office
12
1
Subject to the following provisions of this paragraph, a member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
2
Any member of the Tribunal may at any time resign his office by notice in writing to the Lord Chancellor F14(in the case of the chairman or a deputy chairman) or to the Secretary of State (in the case of any other member) .
3
A person who is the chairman or deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the M3Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).
Salary etc.
13
The F15 Secretary of State shall pay to the members of the Tribunal out of money provided by Parliament such remuneration and allowances as he may determine.
Officers and staff
14
The F16 Secretary of State may provide the Tribunal with such officers and staff as he thinks necessary for the proper discharge of its functions.
Expenses
15
Such expenses of the Tribunal as the F17 Secretary of State may determine shall be defrayed by the Secretary of State out of money provided by Parliament.
F12Part III
Sch. 5 Pt. III (ss. 16-17) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. II (with ss. 56, 78)
16
Any reference in any enactment, instrument or other document to the Data Protection Registrar shall be construed, in relation to any time after the commencement of section 6(1), as a reference to the Commissioner.
17
Any reference in this Act or in any instrument under this Act to the Commissioner shall be construed, in relation to any time before the commencement of section 6(1), as a reference to the Data Protection Registrar.
Sch. 5: words in heading omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 30(a)