Budget Responsibility and National Audit Act 2011

Part 2 Non-executive members

Member to chair NAO

3 (1) One of the persons who is a non-executive member of NAO is to chair it.

(2) It is for Her Majesty by Letters Patent to appoint that person.

(3) Her Majesty’s power is exercisable on an address of the House of Commons.

(4) It is for the Prime Minister to move the motion for the address.

(5) To do so the Prime Minister must have the agreement of the person who chairs the Committee of Public Accounts.

(6) Her Majesty may by Letters Patent extend an appointment under this paragraph on the recommendation of the Prime Minister.

(7) To make a recommendation the Prime Minister must have the agreement of the person who chairs the Committee of Public Accounts.

(8) An extension of an appointment counts as a separate appointment for the purposes of paragraphs 5 to 7.

Appointment of other non-executive members

4 (1) The other non-executive members are to be appointed by the Public Accounts Commission as follows.

(2) If there is a vacancy, the person who chairs NAO must recommend a person to the Commission for appointment.

(3) The Commission may—

(a) appoint the person who has been so recommended, or

(b) require the person who chairs NAO to recommend another person (in which event this sub-paragraph applies again and so on until someone is appointed).

Period of appointment and re-appointment

5 (1) An appointment under this Part of this Schedule is to be for a period of no more than 3 years.

(2) A person may not be appointed under this Part of this Schedule more than twice.

Remuneration arrangements

6 (1) The Prime Minister and the person who chairs the Committee of Public Accounts may jointly make remuneration arrangements in relation to the person who chairs NAO.

(2) Amounts payable by virtue of sub-paragraph (1) are to be charged on, and paid out of, the Consolidated Fund.

(3) The Public Accounts Commission may make remuneration arrangements in relation to any other non-executive member.

(4) Amounts payable by virtue of sub-paragraph (3) are to be paid by NAO.

(5) Remuneration arrangements under this paragraph—

(a) may make provision for a salary, allowances and other benefits but not for a pension, and

(b) may include a formula or other mechanism for adjusting one or more of those elements from time to time.

Other terms of appointment

7 (1) The Public Accounts Commission may determine other terms for an appointment under this Part of this Schedule.

(2) These terms may include restrictions on—

(a) the offices or positions (including offices and positions to which persons may be appointed, or recommended for appointment, by or on behalf of the Crown) that the non-executive member may hold while, or after ceasing to be, a member, and

(b) the agreements or other arrangements (including agreements and arrangements with the Crown or bodies or other persons acting on behalf of the Crown) to which the non-executive member may be a party while, or after ceasing to be, a member.

Consultation

8 Before making any arrangements under paragraph 6 or a determination under paragraph 7, the Commission must consult any person with oversight of public appointments whom the Commission thinks it is appropriate to consult.

Termination of appointments

9 (1) The person who chairs NAO may resign by giving written notice to the Prime Minister.

(2) Any other non-executive member may resign by giving written notice to the Public Accounts Commission.

10 (1) Her Majesty may terminate the appointment of the person who chairs NAO on an address of both Houses of Parliament.

(2) The Public Accounts Commission may terminate the appointment of any other non-executive member by giving the member written notice if—

(a) the member has been absent from meetings of NAO without NAO’s permission for a period of more than 3 months,

(b) the member has become bankrupt or has made an arrangement with creditors,

(c) the member’s estate has been sequestrated in Scotland or the member has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or has, under Scots law, made a composition or arrangement with, or granted a trust deed for, the member’s creditors,

(d) the member is unfit to continue the appointment because of misconduct,

(e) the member has failed to comply with the terms of the appointment, or

(f) the member is otherwise unable, unfit or unwilling to carry out the member’s functions.