Charities Act 2011

Terms of appointment and remuneration E+W

2 E+W The members of the Commission hold and vacate office as such in accordance with the terms of their respective appointments.

3 (1) An appointment of a person to hold office as a member of the Commission must be for a term of no more than 3 years. E+W

(2) A person holding office as a member of the Commission—

(a) may resign that office by giving notice in writing to the [F1 Secretary of State], and

(b) may be removed from office by the [F2 Secretary of State] on the ground of incapacity or misbehaviour.

(3) Before removing a member of the Commission the [F3 Secretary of State] must consult—

(a) the Commission, and

(b) if the member was appointed following consultation with the Welsh Ministers, the Welsh Ministers.

(4) No person may hold office as a member of the Commission for more than 10 years in total.

(5) For the purposes of sub-paragraph (4), time spent holding office as a Charity Commissioner for England and Wales counts as time spent holding office as a member of the Commission.

Textual Amendments

F1 Words in Sch. 1 para. 3(2)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

F2 Words in Sch. 1 para. 3(2)(b) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

F3 Words in Sch. 1 para. 3(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

4 (1) The Commission must pay to its members such remuneration, and such other allowances, as may be determined by the [F4 Secretary of State]. E+W

(2) The Commission must, if required to do so by the [F5 Secretary of State]—

(a) pay such pension, allowances or gratuities as may be determined by the [F6 Secretary of State] to or in respect of a person who is or has been a member of the Commission, or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) Sub-paragraph (4) applies if the [F7 Secretary of State] determines that there are special circumstances which make it right for a person ceasing to hold office as a member of the Commission to receive compensation.

(4) The Commission must pay to the person a sum by way of compensation of such amount as may be determined by the [F8 Secretary of State].

Textual Amendments

F4 Words in Sch. 1 para. 4(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

F5 Words in Sch. 1 para. 4(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

F6 Words in Sch. 1 para. 4(2)(a) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

F7 Words in Sch. 1 para. 4(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)

F8 Words in Sch. 1 para. 4(4) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(oo) (with art. 12)