Health and Social Care Act 2008

6 (1) The Commission must appoint an advisory committee (“the advisory committee”) for the purpose of giving advice or information to it about matters connected with its functions. E+W

[F1 (1A) A committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations.

(1B) The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.]

(2) In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by the advisory committee (whether or not given at its request).

(3) The Commission may appoint such other committees and sub-committees as it thinks fit.

(4) The advisory committee and any committee or sub-committee appointed under sub-paragraph (3) may consist of or include persons who are not members of the Commission.

(5) The advisory committee must include persons of a prescribed description.

[F2 (5A) Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.

(5B) Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.

(5C) Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a) eligibility for appointment;

(b) procedures for selecting or proposing persons for appointment.

(5D) Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a) the removal or suspension of members of the committee;

(b) the payment of remuneration and allowances to members.]

(6) The Commission may pay such remuneration and allowances as it thinks fit to persons who—

(a) are members of its committees and sub-committees, but

(b) are not members of the Commission.

(7) The Commission may in all other respects regulate its own procedure.

(8) The validity of proceedings of the Commission is not affected—

(a) by any vacancy in its membership,

(b) by any defect in the appointment of a member, or

(c) by any person—

(i) acting as a member even though ineligible for appointment when purportedly appointed, or

(ii) acting as a member after having ceased to be a member.

Textual Amendments

F1 Sch. 1 para. 6(1A)(1B) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 181(2), 306(1)(d), (4); S.I. 2012/1831, art. 2(2)

F2 Sch. 1 para. 6(5A)-(5D) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 181(3), 306(1)(d), (4); S.I. 2012/1831, art. 2(2)

Commencement Information

I1 Sch. 1 para. 6 partly in force; Sch. 1 para. 6 in force for specified purposes at Royal Assent, see s. 170

I2 Sch. 1 para. 6(1)(2)(5) in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 2

I3 Sch. 1 para. 6(3) Sch. 1 para. 6(6)-(8) in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(n)(ii)

I4 Sch. 1 para. 6(4) in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(n)(iii)

I5 Sch. 1 para. 6(4) in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 2