Membership: general
3 (1) The Commission is to consist of—
(a) the non-executive members, and
(b) the executive members.
(2) The non-executive members are—
(a) a chair appointed by His Majesty by Letters Patent on the recommendation of the Secretary of State, and
(b) such other members as the Secretary of State may appoint.
(3) The executive members are—
(a) a chief executive appointed by the non-executive members or in accordance with paragraph 25 , and
(b) such other members, if any, as the non-executive members may appoint.
(4) The Secretary of State must consult the chair of the Commission before appointing a non-executive member.
(5) The non-executive members must consult the Secretary of State before appointing the chief executive.
(6) The non-executive members must consult the chief executive about whether there should be any executive members within sub-paragraph (3) (b) and, if so, how many there should be.
(7) The Secretary of State may by direction set a maximum and a minimum number of executive members.
(8) The Commission may appoint one of the non-executive members as a deputy to the chair.
Membership: non-executive members to outnumber executive members
4 The Secretary of State must exercise the powers conferred on the Secretary of State by paragraphs 2 and 3 so as to secure that the number of non-executive members of the Commission is, so far as practicable, at all times greater than the number of executive members.
Membership: selection on merit etc
5 (1) The Secretary of State may not recommend a person for appointment as the chair of the Commission unless the person has been selected on merit on the basis of fair and open competition.
(2) A person may not be appointed as a member of the Commission unless the person has been selected on merit on the basis of fair and open competition.
Membership: conflicts of interests
6 (1) Before—
(a) recommending a person for appointment as the chair of the Commission, or
(b) appointing a person as a non-executive member of the Commission,
the Secretary of State must be satisfied that the person does not have a conflict of interest.
(2) The Secretary of State must check from time to time that none of the non-executive members has a conflict of interest.