Paragraph 5 Procedure where the Board has determined that a Member should be removed

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 (4), following a determination by the Board under rule 3 or 4 that a Member is unsuitable to continue his membership, the Chair of the Board shall give notice in writing of that determination, together with the reason for it, to—

(a)

the Appropriate Appointing Authority; and

(b)

the Member in respect of whom the determination is made,

and that notice shall inform them that, as a consequence, that Member is by that notice removed from office as a Member, and the notice to the Appropriate Appointing Authority shall inform it that it is requested to appoint a person to replace that Member for the Unexpired Term.

(2)

The written notice referred to in paragraph (1)(b) shall be served on the Member by—

(a)

delivering it to him;

(b)

leaving it at his proper address; or

(c)

sending it by post to his proper address,

and for the purposes of this paragraph, the proper address of a Member shall be the address he has given to the Board for the purpose of serving any notice, or otherwise shall be his last known address.

(3)

Where written notice has been given pursuant to paragraphs (1)(b) and (2), that Member’s membership of the Board shall cease with immediate effect when the notice has been served on him.

(4)

For the purpose of paragraph (1)—

(a)

where a determination is made that the Chair is unsuitable to continue his membership, the Deputy Chair shall write to the Appropriate Appointing Authority and to the Chair in the required terms; and

(b)

the Chair or Deputy Chair shall not be obliged to request that the Appropriate Appointing Authority seeks a replacement for the remainder of the Member’s Unexpired Term if the Unexpired Term is a period of less than 12 months and the removal of the Member would not result in the number of lay members of the Board being equal to or exceeding the number of medical members of the Board.

Notes on Schedule

Footnotes

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