COMMENTARY ON SECTIONS Section 1: The Commissioner
4.This section establishes the post of Commissioner, who is to be appointed by the Assembly (although see the explanation of paragraph 1 of the Schedule below). In order to minimise the risk of conflicts of interest, certain persons are disqualified from being appointed, namely Assembly Members (“AMs”), which for these purposes includes the Counsel General where that office holder is not an AM, or those who have been AMs within the previous 2 years and, similarly, Assembly or Welsh Assembly Government staff, or those who have been members of the Assembly’s or Welsh Assembly Government’s staff within the previous 2 years. A person appointed Commissioner automatically ceases to hold that office if a number of circumstances arise, namely if he or she: becomes a candidate for election to the Assembly; is appointed to the office of Counsel General or is temporarily designated to exercise the functions of that office; or joins the staff of the Assembly or Welsh Assembly Government.
5.The Commissioner is to be appointed for a fixed term of 6 years. The Commissioner may not be appointed for a further term or terms (whether consecutive or not).
6.The Commissioner may, before the end of a term, resign or be removed by resolution of the Assembly provided the resolution is passed with a two-thirds majority.