35.Section 1 and Schedule 1 provide for the establishment of a new corporate body, the LSC. In making appointments to the LSC, the Secretary of State must have regard to the desirability of appointing people with experience relevant to the LSC’s functions. The LSC Prospectus has stated that, in performing this duty, the Secretary of State intends to have regard to people with current or recent business experience. The LSC’s functions are to be carried out only in relation to England.
36.Schedule 1 makes provision about members of the LSC which will include the chief executive, the appointment and employment of staff and about procedural matters, including the LSC’s accounts. It makes provision for the Secretary of State to remove any member from office on the grounds of persistent non-attendance, inability or unfitness for office. The LSC is permitted to set up committees and to delegate functions. The Schedule sets out provisions for disclosure of members’ interests. The LSC will not be an agent of the Crown and its staff will not be civil servants.
Commentary on Sections Sections 1 to 29 and Schedules 1 to 3 Section 1 and Schedule 1: the LSC