SCHEDULE 12 The Information Commissioner

SCHEDULE 12 The Information Commissioner

Section 114

Status and capacity

1

(1)     The Commissioner is to continue to be a corporation sole.

(2)     The Commissioner and the Commissioner's officers and staff are not to be regarded as servants or agents of the Crown.

Appointment

2

(1)     The Commissioner is to be appointed by Her Majesty by Letters Patent.

(2)     No recommendation may be made to Her Majesty for the appointment of a person as the Commissioner unless the person concerned has been selected on merit on the basis of fair and open competition.

(3)     The Commissioner is to hold office for such term not exceeding 7 years as may be determined at the time of the Commissioner's appointment, subject to paragraph 3.

(4)     A person cannot be appointed as the Commissioner more than once.

Resignation and removal

3

(1)     The Commissioner may be relieved of office by Her Majesty at the Commissioner's own request.

(2)     The Commissioner may be removed from office by Her Majesty on an Address from both Houses of Parliament.

(3)     No motion is to be made in either House of Parliament for such an Address unless a Minister of the Crown has presented a report to that House stating that the Minister is satisfied that one or both of the following grounds is made out—

(a)     the Commissioner is guilty of serious misconduct;

(b)     the Commissioner no longer fulfils the conditions required for the performance of the Commissioner's functions.

Salary etc

4

(1)     The Commissioner is to be paid such salary as may be specified by a resolution of

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