Appendix 2
S.I. 2012/1108: memorandum from the Department
of Health
Health Research Authority (Amendment) Regulations
2012 (S.I. 2012/1108)
1. In its letter to the Department of 23 May
2012, the Joint Committee requested a memorandum on the following
point:
In the Schedule to the Health Research Authority
Regulations 2011 inserted by regulation 2(7), why is paragraph
4(1) expressed to be subject to paragraph 4(2)?
2. The Department's response to the Committee's
point is outlined below.
3. Paragraph 4(1) is expressed to be subject
to paragraph 4(2) because it is intended to convey that usually
meetings of the Health Research Authority must take place with
at least two members, one of whom must be a non-officer member,
but that there is a more specific requirement as to who must attend
a meeting of the Authority than this where officer members of
the Authority are to be appointed at a meeting. Where officer
members of the Authority are to be appointed at a meeting of the
Authority, the chair and chief executive of the Authority, rather
than any non-officer member and any other member of the Authority,
must be present at the meeting given the importance of the business
to be transacted at that meeting. The Department considers that
paragraph 4(2) is a qualification of the more general rule in
paragraph 4(1) and so it is appropriate to flag that the more
general rule is subject to the specific rule.
Department of Health
28 May 2012
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