Commentary on Sections Part 6 - the Children’s Commissioner Interim Appointments
464.Paragraph 8 inserts a new paragraph 3A into Schedule 1 to the 2004 Act, which makes provision for appointing an interim Children’s Commissioner and sets out the process that should be followed. This provision is introduced as a consequence of removing the requirement on the Commissioner to appoint a Deputy Children’s Commissioner and will apply where the current Children’s Commissioner resigns, is dismissed (in line with the provisions set out in paragraph 3(7) of Schedule 1 to the 2004 Act), or is otherwise unable to continue in post.
465.Where such a situation arises, a recruitment exercise to appoint a new substantive Children’s Commissioner should begin at the earliest opportunity. However, it is possible that recruiting a new substantive Children’s Commissioner could take some time and paragraph 8 therefore provides for the Secretary of State to appoint an interim Children’s Commissioner to provide continuity and stability in the intervening period. Sub-paragraph (2) provides that the terms and conditions of any interim appointment will be determined by the Secretary of State.
466.Paragraph 3(3) provides that the interim appointment should cease either:
	At the point that a new substantive Commissioner is appointed; or,
	If sooner, 6 months after the date that the interim appointment is made.
467.If, for any reason, the recruitment of a new substantive Commissioner cannot be completed within 6 months, sub-paragraph (4) enables the Secretary of State to renew the interim appointment for up to a further 6 months. Sub-paragraph (4) also provides that a person who has been appointed as the interim Children’s Commissioner can subsequently be appointed as the new substantive Commissioner (following the process required under paragraph 3 of Schedule 1).
468.Paragraph 3(5) and (6) make provision in relation to resignation and removal from office of the interim Children’s Commissioner which is equivalent to the provision for the Children’s Commissioner.