323.—(1) The External Oversight Body shall consist of no fewer than 7 members and no greater than 9 members being—

(a) a chairperson,

(b) no fewer than 5 and no greater than 7 ordinary members, and

(c) the Secretary General of the Department of Defence who shall be an ex officio member.

(2) Subject to subsections (3) and (11), the members of the External Oversight Body referred to in paragraphs (a) and (b) of subsection (1) shall be appointed by the Minister.

(3) Of the persons appointed under paragraphs (a) and (b) of subsection (1) to be members of the External Oversight Body—

(a) at least 1 person shall, in the opinion of the Minister, have sufficient experience and expertise relating to the functions of the External Oversight Body,

(b) at least 1 person shall, in the opinion of the Minister, have sufficient experience and expertise relating to organisational governance, management or public administration,

(c) at least 1 person shall, in the opinion of the Minister, have sufficient experience and expertise relating to the financial matters including the allocation, management of and accountability for the effective use of financial resources, and

(d) at least 1 person shall, in the opinion of the Minister, have sufficient direct leadership experience of military transformation in another jurisdiction.

(4) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the External Oversight Body there is an equitable balance between men and women.

(5) Subject to subsections (6) and (7), the chairperson of the External Oversight Body shall be appointed by the Minister from among the members of the External Oversight Body.

(6) The Minister may, before the establishment day of the External Oversight Body, designate a person to be appointed as the first chairperson of the External Oversight Body.

(7) The person appointed (or designated under subsection (6)) as chairperson of the External Oversight Body shall not have served as a member of the Defence Forces or as a member of the defence forces of a state other than the State.

(8) If, immediately before the establishment day, a person stands designated under subsection (6), the person shall, on that day, stand appointed as the first chairperson of the External Oversight Body.

(9) The Minister may, before the establishment day, designate persons to be appointed as the first ordinary members of the External Oversight Body.

(10) Where, immediately before the establishment day, a person stands designated under subsection (9), the person shall, on that day, stand appointed as an ordinary member of the External Oversight Body.

(11) Subsections (2) and (3) shall not apply in respect of—

(a) the designation of a person as the first chairperson of the External Oversight Body under subsection (6), and

(b) the designation of persons as the first ordinary members of the External Oversight Body under subsection (9).

(12) Subject to section 329(7), the External Oversight Body may act notwithstanding one or more than one vacancy in its membership.]