HC Deb 27 March 1995 vol 257 c764

1. The Commission shall consist of at least eight but not more than fifteen persons ("Commissioners") appointed by the Secretary of State, after consultation with organisations of disabled people, on a full-time or part-time basis, four of whom, including the chairman, shall be full-time members.

2. At least three-quarters of the total number of the Commissioners shall themselves be persons who, at the time of their appointment, are disabled persons or the authorised representatives of disabled persons appointed pursuant to section 1 of the Disabled Persons (Services, Consultation and Representation) Act 1986 or section 1 of the Disabled Persons (Northern Ireland) Act 1989.

3. So far as is reasonably practicable, the Secretary of State shall ensure that the Commission includes at least one member who resides in each of England, Scotland and Wales.

4.—(1) The Secretary of State shall appoint one of the Commissioners to be chairman of the Commission and one of the Commissioners to be deputy chairman of the Commission.

(2) Both the chairman and the deputy chairman shall be persons who, at the time of their appointment, are disabled persons or authorised representatives of disabled persons appointed pursuant to section 1 of the Disabled Persons (Services, Consultation and Representation) 1986 or section 1 of the Disabled Persons (Northern Ireland) Act 1989.

5. On the appointment by the Secretary of State of the first Commissioners, the Commission shall come into existence as a body corporate with perpetual succession and a common seal.

6.—(1) The Commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.

(2) Accordingly—

  1. (a) neither the Commission nor a Commissioner not a member of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;
  2. (b) the Commissioners and members of the staff of the Commission as such are not civil servants; and
  3. (c) the Commission's property is not property of, or held on behalf of, the Crown.