COMMENTARY ON SECTIONS Section 2: Independence, openness and inclusiveness
8.Subsection (1) establishes the Board’s independence from any influence by the Assembly or the Assembly Commission when exercising its functions.
9.Subsection (2) imposes on the Board an express duty generally to act in an open and transparent manner. The Board is also required to keep the public informed about its activities by publicising them on the Assembly’s website. Subsection (2) is qualified by subsection (3), which allows the Board to consider a matter in private where the Board considers this is appropriate. An example might be when taking legal advice or when finalising a draft determination.
10.Subsection (4) sets out a list of consultees and requires the Board to consult with those of them that might be affected by its decisions, except when the Board considers that there are circumstances that would make it inappropriate to do so. Subsection (5) requires that, in carrying out such consultation with Assembly Members, the Board must have regard to its duty to act independently in relation to the discharge of its functions, in accordance with subsection (1).