|
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NHS and other health appointments: suspension |
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Medicines Act 1968 (c. 67) |
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1 (1) | In Schedule 1A to the Medicines Act 1968 (provisions relating to |
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Commission on Human Medicine and Committees), paragraph 6 is |
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(2) | At the beginning, insert “(1)”. |
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“(2) | Regulations made under sub-paragraph (1) may include such |
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incidental, supplemental, consequential or transitional provision |
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as appears to the Ministers to be expedient.” |
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Licensing (Alcohol Education and Research) Act 1981 (c. 28) |
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2 (1) | Schedule 1 to the Licensing (Alcohol Education and Research Act) 1981 (the |
| 15 |
Alcohol Education and Research Council) is amended as follows. |
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(2) | In paragraph 3(1), after “this paragraph” insert “and paragraphs 3A and 3B”. |
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(3) | After paragraph 3 insert— |
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“3A | The Secretary of State may suspend a member of the Council from |
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office if it appears to him that one of the conditions in paragraph |
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3(5) is or may be satisfied in relation to the person. |
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3B (1) | This paragraph applies where the Secretary of State decides to |
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suspend a member under paragraph 3A. |
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(2) | The Secretary of State must give notice to the member of the |
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decision and the suspension takes effect on receipt by the member |
| 25 |
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(3) | A notice under subsection (2) may be— |
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(a) | delivered in person, in which case the member is treated as |
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receiving it when it is delivered, or |
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(b) | sent by first class post to the member’s last known address, |
| 30 |
in which case the member is treated as receiving it on the |
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third day after the day on which it was posted. |
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(4) | The initial period of suspension must not exceed 6 months. |
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(5) | The Secretary of State may review the member’s suspension at any |
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(6) | The Secretary of State must review the member’s suspension if |
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requested in writing by the member to do so, but need not carry |
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out a review less than 3 months after the beginning of the initial |
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| |
| |
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|
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(7) | Following a review the Secretary of State may— |
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(a) | revoke the suspension, or |
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(b) | suspend the member for another period of not more than 6 |
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months from the expiry of the current period. |
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(8) | The Secretary of State must revoke the suspension if at any time— |
| 5 |
(a) | he decides that none of the conditions mentioned in |
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paragraph 3(5) is satisfied, or |
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(b) | he decides that any of those conditions is satisfied but does |
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not remove the member from office. |
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(9) | A member who is suspended under paragraph 3A is to be |
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disregarded at any time during the suspension in determining for |
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the purposes of section 6(2) (minimum and maximum number of |
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members of the Council) whether the Council has more than 15 |
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(a) | in sub-paragraph (1), after “this paragraph” insert “and paragraph |
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(b) | for sub-paragraph (4) substitute— |
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“(4) | If the chairman is suspended from office as a member or |
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ceases to be a member, he shall also be suspended from |
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office as the chairman or (as the case may be) cease to be |
| |
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(5) | After paragraph 4 insert— |
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“4A (1) | This paragraph applies where the chairman is suspended from |
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office by virtue of paragraph 4(4). |
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(2) | The Secretary of State may appoint a member as the interim |
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chairman of the Council to exercise the chairman’s functions. |
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(3) | Subject to the provisions of this paragraph, the interim chairman |
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shall hold and vacate his office in accordance with the terms of his |
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(4) | Appointment as interim chairman shall be for a term not |
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exceeding the shorter of— |
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(a) | the period ending with either— |
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(i) | the appointment of a new chairman, or |
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(ii) | the revocation or expiry of the existing chairman’s |
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(b) | the remainder of the interim chairman’s term as a member |
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(5) | Previous service as chairman or interim chairman of the Council |
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does not affect a person’s eligibility for appointment as interim |
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(6) | The interim chairman may resign his office by giving notice in |
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writing to the Secretary of State. |
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(7) | The Secretary of State may terminate the appointment of the |
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interim chairman if he is satisfied that it would be in the best |
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| |
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|
| |
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interests of the Council for another member to be the interim |
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Human Fertilisation and Embryology Act 1990 (c. 37) |
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3 (1) | Schedule 1 to the Human Fertilisation and Embryology Act 1990 (the |
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Human Fertilisation and Embryology Authority: supplementary provision) |
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(2) | In paragraph 5(1), after “this paragraph” insert “and paragraphs 5A and 5B”. |
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(3) | After paragraph 5 insert— |
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“5A | The Secretary of State may suspend a member from office as |
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chairman, deputy chairman or other member of the Authority if it |
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appears to him that one of the conditions in paragraph 5(5) is or |
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may be satisfied in relation to the member. |
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5B (1) | This paragraph applies where the Secretary of State decides to |
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suspend a member under paragraph 5A. |
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(2) | The Secretary of State must give notice to the member of the |
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decision and the suspension takes effect on receipt by the member |
| |
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(3) | A notice under subsection (2) is treated as being received by the |
| |
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(a) | in a case where it is delivered in person or left at the |
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member’s proper address, at the time at which it is |
| |
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(b) | in a case where it is sent by post to the member at that |
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address, on the third day after the day on which it was |
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(4) | The initial period of suspension must not exceed 6 months. |
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(5) | The Secretary of State may review the member’s suspension at any |
| |
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(6) | The Secretary of State must review the member’s suspension if |
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requested in writing by the member to do so, but need not carry |
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out a review less than 3 months after the beginning of the initial |
| |
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(7) | Following a review the Secretary of State may— |
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(a) | revoke the suspension, or |
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(b) | suspend the member for another period of not more than 6 |
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months from the expiry of the current period. |
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(8) | The Secretary of State must revoke the suspension if at any time— |
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(a) | he decides that neither of the conditions mentioned in |
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paragraph 5(5) is satisfied, or |
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(b) | he decides that either of those conditions is satisfied but |
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does not remove the member from office as chairman, |
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deputy chairman or other member of the Authority.” |
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| |
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|
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Health Protection Agency Act 2004 (c. 17) |
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4 | Schedule 1 to the Health Protection Agency Act 2004 (the Health Protection |
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Agency) is amended as follows. |
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5 (1) | Paragraph 1 is amended as follows. |
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(2) | After sub-paragraph (3) insert— |
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“(3A) | Where the membership of a non-executive member is suspended |
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in accordance with any regulations made under paragraph |
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8(2)(d), that member's appointment is to be disregarded at any |
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time during the suspension for the purpose of determining the |
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appointments to be made under sub-paragraph (3).” |
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(3) | After sub-paragraph (5) insert— |
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“(5A) | But the Secretary of State may by regulations— |
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(a) | provide that if the chairman’s membership is suspended |
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the Secretary of State may direct that the appointment of |
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the deputy chairman under sub-paragraph (5) is to cease to |
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(b) | make provision about the appointment by the Secretary of |
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State in those circumstances of another non-executive |
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member to be deputy chairman.” |
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(4) | In sub-paragraph (7), after “sub-paragraph” insert “(5A) or”. |
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6 | In paragraph 29, after sub-paragraph (2) insert— |
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“(3) | Regulations may include such incidental, supplemental, |
| |
consequential or transitional provision as appears to the Secretary |
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of State to be expedient.” |
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Human Tissue Act 2004 (c. 30) |
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7 | In Schedule 2 to the Human Tissue Act 2004 (the Human Tissue Authority) |
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after paragraph 9 insert— |
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“9A | The appointing authority may suspend a person from office as |
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chairman or other member of the Authority if it appears to the |
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appointing authority that one of the conditions in paragraph 9 is |
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or may be satisfied in relation to the person. |
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9B (1) | This paragraph applies where the appointing authority decides to |
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suspend a person under paragraph 9A. |
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(2) | The appointing authority must give notice to the person of the |
| |
decision and the suspension takes effect on receipt by the person |
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(3) | A notice under subsection (2) may be— |
| |
(a) | delivered in person, in which case the person is treated as |
| |
receiving it when it is delivered, or |
| |
(b) | sent by first class post to the person’s last known address, |
| 40 |
in which case the person is treated as receiving it on the |
| |
third day after the day on which it was posted. |
| |
(4) | The initial period of suspension must not exceed 6 months. |
| |
| |
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|
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(5) | The appointing authority may review the person’s suspension at |
| |
| |
(6) | The appointing authority must review the person’s suspension if |
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requested in writing by the person to do so, but need not carry out |
| |
a review less than 3 months after the beginning of the initial period |
| 5 |
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(7) | Following a review the appointing authority may— |
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(a) | revoke the suspension, or |
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(b) | suspend the person for another period of not more than 6 |
| |
months from the expiry of the current period. |
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(8) | The appointing authority must revoke the suspension if at any |
| |
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(a) | it decides that neither of the conditions mentioned in |
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paragraph 9 is satisfied, or |
| |
(b) | it decides that either of those conditions is satisfied but |
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does not remove the person from office as chairman or |
| |
other member of the Authority. |
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(9) | A person who is suspended under paragraph 9A is to be |
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disregarded at any time during the suspension for the purposes of |
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paragraph 1(1)(c) or (d). |
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(10) | In this paragraph “the appointing authority”, in relation to a |
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person appointed as chairman or other member of the Authority, |
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means the person who appointed him. |
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9C (1) | This paragraph applies where a person is suspended from office |
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as chairman under paragraph 9A. |
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(2) | The Secretary of State may appoint a member of the Authority as |
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the interim chairman to exercise the chairman’s functions. |
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(3) | The Secretary of State may only appoint a member as the interim |
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chairman if the member is not disqualified for being appointed as |
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chairman by virtue of paragraph 2. |
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(4) | Subject to the following provisions of this paragraph, the interim |
| |
chairman shall hold and vacate office in accordance with the terms |
| |
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(5) | Appointment as interim chairman shall be for a term not |
| |
exceeding the shorter of— |
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(a) | the period ending with either— |
| |
(i) | the appointment of a new chairman, or |
| |
(ii) | the revocation or expiry of the existing chairman’s |
| |
| |
(b) | the remainder of the interim chairman’s term as a member |
| 40 |
| |
(6) | Previous service as chairman or interim chairman of the Authority |
| |
does not affect a person’s eligibility for appointment as interim |
| |
| |
| |
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|
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(7) | A person holding office as interim chairman of the Authority may |
| |
resign that office by giving notice in writing to the Secretary of |
| |
| |
(8) | The Secretary of State may remove a person from office as interim |
| |
chairman if he is satisfied that it would be in the best interests of |
| 5 |
the Authority for another member to be the interim chairman.” |
| |
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8 (1) | In Schedule 4 to the Health Act 2006 (the Appointments Commission: |
| |
supplementary) paragraph 6 is amended as follows. |
| |
(2) | At the beginning insert “(1)”. |
| 10 |
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“(2) | But regulations may— |
| |
(a) | provide that if the chairman’s membership is suspended |
| |
the Secretary of State may direct that the appointment of |
| |
the vice-chairman under sub-paragraph (1) ceases to have |
| 15 |
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(b) | make provision about the appointment by the Secretary of |
| |
State in those circumstances of another non-executive |
| |
member to be vice-chairman.” |
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National Health Service Act 2006 (c. 41) |
| 20 |
9 | The National Health Service Act 2006 is amended as follows. |
| |
10 | In Schedule 2 (Strategic Health Authorities), for paragraph 9(d) substitute— |
| |
“(d) | the circumstances in which the chairman or vice-chairman |
| |
or any member of a Strategic Health Authority may be |
| |
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11 | In Schedule 6 (Special Health Authorities), for paragraph 5(d) substitute— |
| |
“(d) | the circumstances in which the chairman or vice-chairman |
| |
or any member of a Special Health Authority may be |
| |
| |
12 (1) | Schedule 8 (Independent Regulator of NHS Foundation Trusts) is amended |
| 30 |
| |
(2) | In paragraph 2(2), after paragraph (b) insert— |
| |
“(c) | the Secretary of State may suspend him from office if it |
| |
appears to the Secretary of State that there are or may be |
| |
grounds to remove him from office under paragraph (b).” |
| 35 |
(3) | After paragraph 2 insert— |
| |
“2A (1) | This paragraph applies where the Secretary of State decides to |
| |
suspend a person under paragraph 2(2)(c). |
| |
(2) | The Secretary of State must give notice to the person of the |
| |
decision and the suspension takes effect on receipt by the person |
| 40 |
| |
(3) | A notice under subsection (2) may be— |
| |
| |
| |
|
| |
| |
(a) | delivered in person, in which case the person is treated as |
| |
receiving it when it is delivered, or |
| |
(b) | sent by first class post to the person’s last known address, |
| |
in which case the person is treated as receiving it on the |
| |
third day after the day on which it was posted. |
| 5 |
(4) | The initial period of suspension must not exceed 6 months. |
| |
(5) | The Secretary of State may review the person’s suspension at any |
| |
| |
(6) | The Secretary of State must review the person’s suspension if |
| |
requested in writing by the person to do so, but need not carry out |
| 10 |
a review less than 3 months after the beginning of the initial period |
| |
| |
(7) | Following a review during any period of suspension, the Secretary |
| |
| |
(a) | revoke the suspension, or |
| 15 |
(b) | suspend the person for another period of not more than 6 |
| |
months from the expiry of the current period. |
| |
(8) | The Secretary of State must revoke the suspension if at any time— |
| |
(a) | he decides that there are no grounds to remove the person |
| |
from office under paragraph 2(2)(b), or |
| 20 |
(b) | he decides that there are such grounds but does not |
| |
remove the person from office under that provision. |
| |
(9) | A person who is suspended under paragraph 2(2)(c) is to be |
| |
disregarded for the purposes of the maximum number of |
| |
members under paragraph 1(1) at any time during the |
| 25 |
| |
13 (1) | Schedule 19 (further provision about standing advisory committees) is |
| |
| |
(2) | In paragraph 1(b), after “office” insert “(including removal or suspension |
| |
| 30 |
(3) | After paragraph 5 insert— |
| |
“5A | But regulations under paragraph 1(b) may make provision about |
| |
the appointment by the Secretary of State of an interim chairman |
| |
of a standing advisory committee in cases where the chairman |
| |
elected under paragraph 5 is removed or suspended from office.” |
| 35 |
National Health Service (Wales) Act 2006 (c. 42) |
| |
14 | The National Health Service (Wales) Act 2006 is amended as follows. |
| |
15 | In Schedule 5 (Special Health Authorities established under section 22), for |
| |
paragraph 5(d) substitute— |
| |
“(d) | the circumstances in which the chairman or vice-chairman |
| 40 |
or any member of a Special Health Authority may be |
| |
| |
16 (1) | Schedule 10 (further provision about community health councils) is |
| |
| |
| |
| |
|
