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Historical Institutional Abuse (Northern Ireland) Act 2019

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This is the original version (as it was originally enacted).

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3(1)A person holds and vacates office as the Commissioner in accordance with the terms of that person’s appointment; but that is subject to the following provisions of this paragraph.

(2)An appointment as the Commissioner is for a term of five years.

(3)A person who ceases to be the Commissioner on the expiry of that person’s first term of office is eligible for re-appointment.

(4)But a person who has been re-appointed by virtue of sub-paragraph (3) is not eligible for appointment or re-appointment as the Commissioner at any time after the end of that person’s second term of office.

(5)A person may at any time resign from office as the Commissioner by giving written notice to the Executive Office.

(6)The Executive Office may remove a person from office as the Commissioner if satisfied that the person—

(a)has been convicted of an offence,

(b)has become bankrupt, has had a bankruptcy restrictions order, debt relief order or debt relief restrictions order made in respect of that person, or has made a voluntary arrangement,

(c)has, without reasonable excuse, failed to discharge the functions of the Commissioner for a continuous period of three months, or

(d)has, in the opinion of the Executive Office, become unfit or unable to exercise the functions of the Commissioner.

(7)Each of the expressions used in sub-paragraph (6)(b) has the same meaning as in the Insolvency (Northern Ireland) Order 1989.

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