Regulation 9 Nomination of responsible officer by the Secretary of State
Subject to the following provisions of this regulation, the Secretary of State may nominate a responsible officer for a designated body where—
the designated body has failed to nominate or appoint a responsible officer in accordance with regulation 5 or 6; or
the designated body has nominated or appointed as a responsible officer a person who does not meet the conditions in regulation 7.
Before making a nomination under paragraph (1) for an NHS body in Scotland, the Secretary of State must consult the Scottish Ministers.
Before making a nomination under paragraph (1) for an NHS body in Wales, the Secretary of State must consult the Welsh Ministers.
Before making a nomination under paragraph (1) for an NHS Foundation Trust, the Secretary of State must consult the Independent Regulator of NHS Foundation Trustsf1.
Annotations
Footnotes
- f1
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The Independent Regulator was established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) and is continued by section 31 of the National Health Service Act 2006 (c .41).