5(1)A member of the OEP holds and vacates office in accordance with the terms of the member’s appointment, subject to the provisions of this Schedule.
(2)A person may not hold office as a member of the OEP if the person is employed in the civil service of the State.
(3)A non-executive member must be appointed for a fixed term of no more than 5 years.
(4)The Secretary of State must, in determining the length of a non-executive member’s term, have regard to the desirability of securing that the appointments of non-executive members [F1(including the Northern Ireland member)] expire at different times.
[F2(4A)The Northern Ireland Department must, in determining the length of a Northern Ireland member’s term, have regard to the desirability of securing that the appointments of non-executive members expire at different times.]
(5)The previous appointment of a person as a non-executive member does not affect the person’s eligibility for re-appointment.
[F3(6)A non-executive member ceases to be a member of the OEP upon becoming its employee.
(7)A non-executive member, other than the Northern Ireland member—
(a)may resign from office by giving notice to the Secretary of State, and
(b)may be removed from office by notice given by the Secretary of State, after consulting the Northern Ireland Department, on the grounds that the member—
(i)has without reasonable excuse failed to discharge the member’s functions, or
(ii)is, in the opinion of the Secretary of State, unable or unfit to carry out the member’s functions.
(8)The Northern Ireland member—
(a)may resign from office by giving notice to the Northern Ireland Department, and
(b)may be removed from office by notice given by the Northern Ireland Department after consulting the Secretary of State, on the grounds that the member—
(i)has without reasonable excuse failed to discharge the member’s functions, or
(ii)is, in the opinion of the Northern Ireland Department, unable or unfit to carry out the member’s functions.]
Textual Amendments
F1Words in Sch. 1 para. 5(4) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(5)(a) (with s. 144); S.R. 2022/54, art. 2(1)(a)
F2Sch. 1 para. 5(4A) inserted (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(5)(b) (with s. 144); S.R. 2022/54, art. 2(1)(a)
F3Sch. 1 para. 5(6)-(8) substituted for Sch. 1 para. 5(6) (28.2.2022) by Environment Act 2021 (c. 30), s. 147(6)(7), Sch. 3 para. 29(5)(c) (with s. 144); S.R. 2022/54, art. 2(1)(a)
Commencement Information
I1Sch. 1 para. 5 not in force at Royal Assent, see s. 147(3)
I2Sch. 1 para. 5 in force at 17.11.2021 by S.I. 2021/1274, reg. 2(i)