Environment Act 2021

Terms of membership

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 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.

(6) A non-executive member—

(a) ceases to be a member of the OEP upon becoming its employee,

(b) may resign from office by giving notice to the Secretary of State, and

(c) may be removed from office by notice given by 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 Secretary of State, unable or unfit to carry out the member’s functions.