Moved by
Lord Caine
70: Clause 20, page 19, line 19, at end insert—
“(7A) If the Chief Commissioner is unable to exercise some or all of the immunity functions, generally or in particular circumstances, the Chief Commissioner may nominate another person—
(a) to temporarily exercise the immunity functions so far as the Chief Commissioner is unable to exercise them, and
(b) to be a temporary member of, and to temporarily chair, the immunity requests panel so far as those functions are panel functions.
(7B) But the Secretary of State may nominate a person under subsection (7A) if the Chief Commissioner is unable to make a nomination.
(7C) A person may not be nominated under subsection (7A) if the person—
(a) would be disqualified from appointment as a Commissioner by paragraph 7(2) of Schedule 1 (imprisonment, insolvency or disqualification from being a company director), or
(b) does not hold, and has not held, high judicial office (within the meaning of paragraph 7 of Schedule 1).
(7D) This Act is to apply to the exercise of immunity functions by a person appointed under subsection (7A) as if the functions were being exercised by the Chief Commissioner.
(7E) In this section—
“immunity functions” means—
(a) the function conferred by subsection (6), and
(b) panel functions;
“panel functions” means functions of the Chief Commissioner as a member or the chair of the immunity requests panel.”
Member’s explanatory statement
This amendment would allow a person to be nominated to act temporarily if the Chief Commissioner is unable to act, whether generally or in particular circumstances (eg. because of a potential conflict of interest), in relation to requests for immunity.