The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

Suspension of appointee E+W

6.—(1) The Secretary of State may suspend a chairperson or a non-officer member (“an appointee”) from office while the Secretary of State considers whether—

(a) to remove the appointee from office under paragraph 5(2), (3) or (6); or

(b) the appointee has become disqualified for appointment under paragraph 3, or was so disqualified at the time of appointment, and if so, in the case of disqualification under paragraph 3(1)(c), whether discretion should be exercised under paragraph 3(5).

(2) The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.

(3) A notice under sub-paragraph (2) may be—

(a) delivered in person, in which case the appointee is treated as receiving it when it is delivered; or

(b) sent by first class post to the appointee’s last known address, in which case the appointee is treated as receiving it on the third day after the day on which it was posted.

(4) The initial period of suspension must not exceed 6 months.

(5) The Secretary of State may review the appointee’s suspension at any time.

(6) The Secretary of State must review the appointee’s suspension if requested in writing by the appointee to do so, but need not carry out a review less than 3 months after the beginning of the initial period of suspension.

(7) A review must take into account any representations made by the appointee.

(8) Following a review, the Secretary of State may—

(a) revoke the suspension; or

(b) suspend the appointee for another period of not more than 6 months from the expiry of the current period.

(9) The Secretary of State must revoke the suspension if at any time the Secretary of State decides that—

(a) there are no grounds to remove the chairperson or non-officer member from office under paragraph 5(2), (3) or (6);

(b) there are such grounds but the Secretary of State does not remove the appointee from office as chairperson or non-officer member, as the case may be, under these provisions; or

(c) the appointee is not disqualified for appointment under paragraph 3.

Commencement Information

I1 Sch. 2 para. 6 in force at 1.11.2017, see art. 1(1)