Commentary on Sections Part 1: Governance Arrangements Chapter 1: Governing bodies.Senior lay member of governing body Section 8: Appointment and tenure
17.Subsection (1) of section 8 places a duty on the governing body to appoint the winning candidate in an election (as determined under section 7) to the position of senior lay member. Subsection (2) provides that appointment is to be made for the period specified in rules made by the governing body. Those rules may also specify that this period can be extended, without the need for the individual to seek re-election. Subsection (3) provides that appointment under section 8 (i.e. appointment following an election under section 7) is the only way in which a senior lay member may be appointed. Should the winning candidate decline to be appointed or be unable to take up the position, there would be a subsisting vacancy and the recruitment process would have to begin again from the point of advertisement under section 4.