OpenLegislation

The Appointments Commission (Amendment) Regulations 2010

S.I. 2010/1072 · Made 28 March 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Health

National Health Service, England

Social Care

Made 28th March 2010

Laid before Parliament 1st April 2010

Coming into force 1st June 2010

The Secretary of State for Health makes the following Regulations, in exercise of the powers conferred by section 79(3) of, and paragraph 6(2) of Schedule 4 to, the Health Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 28. Paragraph 6 of Schedule 4 was amended by section 19 of, and paragraph 8 of Schedule 3 to the Health Act 2009 (c. 21). See section 71(1) of the Health Act 2006 for the meaning of “regulations”.

Contents

  1. 1Citation and commencement
  2. 2Amendment relating to suspension
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Appointments Commission (Amendment) Regulations 2010 and shall come into force on 1st June 2010.

2Amendment relating to suspension

(1)

The Appointments Commission Regulations 2006 (“the 2006 Regulations”)f1 are amended as follows.

(2)

After regulation 8 of the 2006 Regulations (suspension of chairman, non-executive members and commissioners) insert—

“Suspension of chairman: appointment of vice-chairman

8A.
(1)

This regulation applies where the chairman has been suspended under regulation 8(1).

(2)

If a vice-chairman has been appointedf2, the Secretary of State may direct that that appointment ceases to have effect.

(3)

In those circumstances the Secretary of State may appoint another non-executive member to be vice-chairman.

(4)

The appointment of a vice-chairman under paragraph (3) shall be for such period, not exceeding the shorter of—

(a)

the period ending with either—

(i)

the appointment of a new chairman, or

(ii)

the revocation or expiry of the existing chairman’s suspension; and

(b)

the remainder of the vice-chairman’s period of office as a member of the Commission.

(5)

A person appointed under paragraph (3) may resign the office of vice-chairman by giving notice in writing to the Secretary of State.

(6)

The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) if satisfied that it would be in the interests of, or conducive to the good management of the Commission for another non-executive member to be vice-chairman.

(7)

If—

(a)

a person resigns from the office of vice-chairman under paragraph (5); or

(b)

the Secretary of State terminates a person’s appointment as vice-chairman under paragraph (6),

the Secretary of State may appoint another non-executive member as vice-chairman under paragraph (3).”.

Signature

Signed by authority of the Secretary of State for Health

Ann Keen

Parliamentary Under-Secretary of State,

Department of Health

28th March 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Appointments Commission Regulations 2006.

Regulation 2 inserts a new regulation 8A which makes provision for the Secretary of State to direct that the appointment of a vice-chairman ceases to have effect. It also makes provision for the Secretary of State to be able to appoint another non-executive member to be vice-chairman.

The amendments made by these Regulations apply in relation to a vice-chairman appointed at any time, including a time before the coming into force of the power in paragraph 6(2) of Schedule 4 to the Health Act 2006 under which these Regulations are madef1.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.