Energy Act 2004

Tenure of office by non-executive members U.K.

1 (1) Subject to what follows, the chairman and each of the other non-executive members is to hold and vacate office in accordance with the terms of his appointment. U.K.

(2) Each appointment must state the period for which it is made.

(3) That period must not exceed five years; but a person is eligible for re-appointment (on any number of occasions) from the end of a term of office.

(4) A non-executive member is not eligible to hold office as chief executive or otherwise to be a member of the staff of the NDA.

(5) A non-executive member may at any time resign his office as the chairman or as a member of the NDA (or both) by giving notice of his resignation to the Secretary of State.

(6) If the Secretary of State is satisfied that sub-paragraph (7) applies to the chairman or another non-executive member, the Secretary of State may, by giving him notice to that effect, remove him from office.

(7) This sub-paragraph applies to a person if—

(a) he is an undischarged bankrupt or has had his estate sequestrated without being discharged [F1 or a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986)];

(b) he is subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order [F2 or a debt relief restrictions order or an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986)];

(c) he has made an arrangement with his creditors, or has entered into a trust deed for creditors, or has made a composition contract with his creditors;

(d) he has such a financial or other interest as is likely to affect prejudicially the carrying out by him of his functions as a member of the NDA;

(e) he is unfit for office by reason of misbehaviour; or

(f) he is otherwise incapable of carrying out, or unfit to carry out, the functions of his office.

(8) Before exercising his power under sub-paragraph (6), the Secretary of State must consult the Scottish Ministers.

(9) Oral notice is ineffective for the purposes of sub-paragraph (5) or (6).

Textual Amendments

F1 Words in Sch. 1 para. 1(7)(a) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 50(2)(a) (with art. 5)

F2 Words in Sch. 1 para. 1(7)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 50(2)(b) (with arts. 5, 6)

Commencement Information

I1 Sch. 1 para. 1 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.