Commentary on Sections Introduction Section 168: Appointment and removal of Commissioners
418.This section amends section 23(4) of the Local Government Act 1974 to remove the requirement for the Secretary of State to consult with representatives of authorities in England in advance of making recommendations to the Crown for the appointment of new Commissioners (including advisory Commissioners).
419.New provisions are substituted for section 23(5) of the Local Government Act 1974, which provided for appointments as Commissioners to be full-time or part-time. The new subsection (5) makes it clear that a Commissioner’s terms of appointment can be changed with his or her consent from full-time to part-time, or vice versa. New subsections (5A), (5B) and (6A) provide for Commissioners to be appointed for a non-renewable fixed term of not more than seven years.
420.Section 23(6) is amended to remove the requirement for the Commissioner to vacate office at the age of 65. This brings the position of the Commissioners into line with the position of other similar office-holders.