After paragraph 3 insert—

“Director General: vacancy or incapacity

3A

(1)

This paragraph applies if—

(a)

the office of Director General is vacant, or

(b)

it appears to the Office that the ability of the Director General to carry out the Director General's functions is seriously impaired because of ill health (whether mental or physical).

(2)

The Office may, with the agreement of the Secretary of State, authorise an employee of the Office to carry out the functions of the Director General during the vacancy or period of ill health.

(3)

A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General.

(4)

A person who has been sentenced to a term of imprisonment of three months or more may not, at any time in the five years following the day of sentence, be authorised under this paragraph to carry out the functions of the Director General.

(5)

Paragraph 1(6) applies for the purposes of sub-paragraph (4).

(6)

Authorisation of a person under this paragraph ceases to have effect—

(a)

at the end of the vacancy or period of ill health,

(b)

on the Office revoking the authorisation for any reason, or

(c)

on the Secretary of State withdrawing agreement to the authorisation for any reason.”