Paragraph 4 Removal: failure to attend meetings, breaches of the Code of Conduct and undermining confidence in the work of the Board

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 3(f) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(a)(i)
Sch. para. 3(f) words omitted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(a)(ii)
Sch. para. 3(f) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(a)(iii)
Sch. para. 3(g) words inserted by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) 2012 Sch. 3 para. 37(2)(b)
Sch. para. 2 words inserted by Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) 2018 Sch. para. 21(j)

(1)

Subject to paragraph (2), the Board may make a determination that a Member is unsuitable to continue his membership of the Board if the Board is satisfied—

(a)

that that Member has failed to attend three consecutive meetings of the Board;

(b)

that that Member has committed a serious breach of the Code of Conduct; or

(c)

in its reasonable opinion, that the continued membership of that Member presents a real risk that confidence in the work of the Board may be undermined.

(2)

Subject to paragraph (4), the Board shall not make a determination pursuant to paragraph (1) unless the Chair has given the Member a reasonable opportunity to make written representations to the Chair.

(3)

The Chair shall, having provided the Member with such an opportunity, bring the matter to the attention of the Board at the next Board meeting, at which time the Board shall, taking any written representations received into account, determine whether the Member is unsuitable to continue his membership of the Board.

(4)

For the purposes of paragraphs (2) and (3), where the Member falling within paragraph (1) is the Chair, paragraphs (2) and (3) shall be read as if references to “the Chair” were to “the Deputy Chair”.

Notes on Schedule

Footnotes

f1: S.I. 2003/1250, as amended by S.I. 2004/865, 1947, 2261, 3038 and S.R. 2004/156.