Annex A
Legal basis
Both BBSRC and ESRC were formed under the provisions
of section 1(1)(c) of the Science and Technology Act 1965. Appointments
to both of the Research Councils are made by the Secretary of
State for Innovation Universities and Skills under the terms of
section 4 of their Royal Charters.
ESRC
4. (1) The Council shall consist of a Chair,
a Chief Executive and Deputy Chair, and not less than ten nor
more than eighteen other members, at least half of whom shall
be appointed by reason of their qualifications in the social sciences.
(2) Subject to the provisions of paragraph
(3) of this Article, the Chair, the Chief Executive and Deputy
Chair, and the other members shall be appointed and the terms
of their appointment or the revocation of any appointment determined
by Our Secretary of State.
(3) (a) Before appointing any member, including
the Chair and the Chief Executive and Deputy Chair, on account
of his qualifications in the social sciences, Our Secretary of
State shall consult the President for the time being of the British
Academy.
(b) Before appointing any member, including the
Chair and the Chief Executive and Deputy Chair, Our Secretary
of State shall consult the Chair for the time being of the Council,
who may consult other members of the Council as he shall see fit.
(4) Every member, including the Chair and the
Chief Executive and Deputy Chair, shall hold and vacate his office
solely in accordance with the terms of his appointment, and shall,
on the expiry of his term of appointment, be eligible for re-appointment
but
(a) a member shall not be appointed
for a term of more than four years;
(b) a member who is re-appointed on ceasing to
be a member shall not again be eligible for re-appointment before
the expiration of one year from the end of the period for which
he is re-appointed: provided that this sub-paragraph shall not
apply to a person appointed to serve as Chair or Chief Executive
and Deputy Chair or to a person who is a civil servant or who
is employed by a Research Council;
(c) a member may at any time by notice in writing
to Our Secretary of State resign his office; and
(d) any member who is also employed as a civil
servant or who is also employed by a Research Council shall hold
his office only so long as he is so employed.
(5) Except as provided in paragraph (7) of this
Article, the Council shall in the case of any such member as Our
Secretary of State may determine
(a) pay to him such remuneration and allowances
as may be so determined in his case; and
(b) pay to or in respect of him such pension,
allowance or gratuity on his retirement or death, or make such
payments towards provision for such a pension, allowance or gratuity,
as may be so determined in his case.
(6) If a person ceases to be a member of the
Council otherwise than on the expiration of his term of office,
and it appears to Our Secretary of State that there are special
circumstances which make it right that that person should receive
compensation, the Council shall make to that person a payment
of such amount as Our Secretary of State may determine.
(7) The Council shall not in any circumstances
or at any time make to or in respect of any person in his capacity
as a member of the Council any payment of any kind whatsoever
for or in respect of any period when he is also a member of the
House of Commons, the Scottish Parliament, the National Assembly
for Wales or the Northern Ireland Assembly (when so constituted),
other than a payment by way of reimbursement to him of actual
out of pocket expenses previously and necessarily incurred by
him in the performance of his duties as such member of the Council.
(8) The provisions of paragraphs (5) and (6)
of this article shall not apply to a member who is an officer
of a Department of Our Government.
The recruitment process
The process for both Councils followed the recommendations
of the Code of practice of the Commissioner for Public Appointments
as it applies to upper tier bodies. Both appointment processes
were overseen by panels:
ESRC
Professor Adrian Smith, Director General Science
and Research at DIUS (Chair)
John Neilson, Director Research Base Group
Professor Robert Burgess, Vice Chancellor, Leicester
University, acted as the OCPA independent public appointments
assessor; and
Baroness Onora O'Neill, President of the British
Academy
After preparation of information packs for each appointment,
which include details of the role and person specifications and
terms and conditions and which were approved by the OCPA independent
public appointments assessor, both appointments were advertised
in the Sunday Times on 2 November 2008 and recruitment consultants
Saxton Bampfylde conducted a search. The closing date for both
competitions was 19 November. Following consideration of all
the applications, each panel compiled its short list and Interviews
were held for the BBSRC Chair position on 26 January and for the
ESRC Chair position on
9 February. In accordance with each Council's Royal Charter,
the Chairs for the time being, Dr Peter Ringrose, BBSRC, and Professor
Ian Diamond, ESRC, were consulted. Recommendations were then
made by each panel to the Secretary of State who considered their
advice and decided whom he wished to appoint. The Secretary of
State has consulted the Prime Minister who has indicated that
he is content.
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