Control of Exports Act 2023

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Revocation of appointment as adjudicator

40. (1) The Government may revoke the appointment of an adjudicator if the Government is satisfied that one or more of the grounds specified in subsection (2) apply to the adjudicator.

(2) The grounds referred to in subsection (1) are that an adjudicator—

(a) has become incapable through ill-health of performing the functions of an adjudicator,

(b) has engaged in serious misconduct,

(c) has failed without reasonable cause to perform his or her functions under this Act for a continuous period of at least 3 months, or

(d) has contravened to a material extent a provision of the Ethics in Public Office Acts 1995 and 2001 that, by virtue of a regulation under section 3 of the Ethics in Public Office Act 1995 , applies to the adjudicator.

(3) Where the Government proposes to revoke the appointment of an adjudicator under subsection (1), they shall give notice to the adjudicator concerned of the proposal.

(4) A notice under subsection (3) shall include a statement—

(a) of the reasons for the proposed revocation of appointment,

(b) that the adjudicator may, not later than 30 working days from the giving of the notice or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government as to why the appointment of the adjudicator should not be revoked, and

(c) that where no representations are received within the period referred to in paragraph (b) or the period specified in the notice, as the case may be, the Government shall, without further notice to the adjudicator, proceed with the revocation of the appointment of the adjudicator in accordance with this section.

(5) In considering whether to revoke the appointment of an adjudicator under subsection (1), the Government shall take into account—

(a) any representations made by the adjudicator under paragraph (b) of subsection (4) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and

(b) any other matter the Government considers relevant for the purpose of their decision.

(6) Where, having taken into account the matters referred to in subsection (5), the Government decide to revoke the appointment of an adjudicator, they shall give notice to the adjudicator of the decision and the reasons for that decision.