Commentary Part 8 – Inspections Schedule 12, Part 1 – The Chief Inspector
539.Paragraph 1 provides that the Secretary of State will determine the remuneration and pension that the Office is to pay to the Chief Inspector.
540.Paragraphs 2 and 3 set out provisions covering the performance of the Chief Inspector’s functions during any vacancy or any incapacity of the Chief Inspector. Paragraphs 4, 5 and 6 contain technical provisions about the Chief Inspector.
541.The Chief Inspector is to be both a member of the Office and an office-holder on whom functions are conferred by Part 8 and other enactments. Paragraph 7(1) sets out the general rule that functions conferred on the Chief Inspector by virtue of Part 8 or any other enactment are conferred on him in his capacity as holder of the office of Chief Inspector. Paragraph 7(2) sets out the exceptions to this rule. As a result of paragraph 8, the Chief Inspector is to be regarded as part of the non-Ministerial Government Department constituted by the Office for all purposes relating to that department. Any necessary details of particular responsibilities flowing from this arrangement will be set out in an order under the paragraph.