OpenLegislation

Paragraph 6 Non-executive members: suspension from officeI1I2

England and Wales

(1)

This paragraph applies where a person is suspended under paragraph 5(4).

(2)

The Secretary of State must give notice of the decision to suspend to the person.

(3)

The suspension takes effect on receipt by the person of the notice.

(4)

The notice may be—

(a)

delivered in person (in which case the person is taken to receive 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 taken to receive it on the third day after the day on which it is posted).

(5)

The initial period of suspension must not exceed six months.

(6)

The Secretary of State may review the suspension at any time.

(7)

The Secretary of State—

(a)

must review the suspension if requested in writing by the person to do so, but

(b)

is not required to review the suspension before the end of the period of three months beginning with the start of the initial period of suspension.

(8)

Following a review during a period of suspension, the Secretary of State may—

(a)

confirm the suspension,

(b)

revoke the suspension, or

(c)

suspend the person for another period of not more than six months beginning with the expiry of the current period.

(9)

The Secretary of State must revoke the suspension if the Secretary of State—

(a)

decides that there are no grounds to remove the person from office under paragraph 5(3), or

(b)

decides that there are grounds to do so but does not remove the person from office under that provision.

Annotations

Commencement

I1

Sch. 13 para. 6 not in force at Royal Assent, see s. 186(6)

I2

Sch. 13 para. 6 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)