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(b)
inform the Evaluation Committee and the
commissioner by written notice that the
Minister is considering suspending or
removing the commissioner and of the
grounds under section 8 for such removal or
suspension.
The commissioner shall be given an opportunity to
(4)
make representations in response to the Minister’s notice
and the Evaluation Committee shall give him an opportunity
to be heard if he so requests, including being represented by
a legal practitioner.
The commissioner shall not be removed from office
(5)
on the grounds in section 8(b), (c), (d) or (e) unless—
(a)
the allegation of his actions is enquired into by
an independent and impartial person appointed
as soon as practicable by the Evaluation
Comunittee;
(b)
the commissioner is given an opportunity to
make representations in such enquiry,
including being represented by a legal
practitioner; and
(c)
the Evaluation Committee advises the Minister
for the removal of the commissioner as a result
of its enquiry.
Ifthe Minister, acting on the advice of the Evaluation
(6)
Committee, is satisfied that the commissioner is ineligible
under section 8 to continue in office, the Minister may
remove the commissioner from office with no less than
twenty-eight days’ notice in writing, providing the detailed
grounds under section 8 for such ineligibility.
In advising the Minister under this section, the
(7)
Evaluation Committee shall consider any relevant advice
that is necessary to determine whether suspension or
removal from office is reasonably justified in the
circumstances.
The Evaluation Committee shall seek to minimise the
(8)
period of vacancy of the position of commissioner and in
any event shall make a recommendation for the position of