Health and Social Care (Community Health and Standards) Act 2003

3 (1) The CHAI is to consist of— E+W

(a) a person appointed as chairman by the [F1 Secretary of State],

(b) a member appointed by the [F2 Assembly who appears to the Assembly] to be suited to make the interests of Wales his special care, and

(c) other members appointed by the [F3 Secretary of State].

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may in the prescribed manner remove from office any person appointed under sub-paragraph (1)(a) or (c) if (and only if) he is satisfied that one of the conditions specified in sub-paragraph (6) is satisfied in relation to that person.

(5) The Assembly may in the prescribed manner remove from office the person appointed under sub-paragraph (1)(b) if (and only if) the Assembly is satisfied that one of the conditions specified in sub-paragraph (6) is satisfied in relation to that person.

(6) The conditions referred to in sub-paragraphs (4) and (5) in relation to a person are that—

(a) he is unable or unfit to carry out the duties of his office;

(b) he is failing to carry out the duties of his office;

(c) he is disqualified from holding office (or was disqualified at the time of his appointment).

(7) The Secretary of State may by regulations make provision as to—

(a) the appointment of the chairman and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment), and

(b) subject to this paragraph, the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office, are disqualified from holding office or may be suspended from office).

(8) Regulations under sub-paragraph (7)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State (or, in the case of a person appointed under sub-paragraph (1)(b), the Assembly) that one of the conditions referred to in sub-paragraph (6) is or may be satisfied in relation to that person.

F6 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The [F8 Secretary of State] must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the [F9 Assembly] must consult the Secretary of State before exercising the function of appointment under sub-paragraph (1)(b).

(12) The Secretary of State must consult the Assembly before exercising any of his functions under sub-paragraph (4) or (7).

(13) The Assembly must consult the Secretary of State before exercising any of its functions under sub-paragraph (5) or (7).

F10 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Sch. 6 para. 3(1)(a) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(2)(a); S.I. 2006/2603, art. 4(5)(c)(v)

F2 Words in Sch. 6 para. 3(1)(b) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(2)(b); S.I. 2006/2603, art. 4(5)(c)(v)

F3 Words in Sch. 6 para. 3(1)(c) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(2)(a); S.I. 2006/2603, art. 4(5)(c)(v)

F4 Sch. 6 para. 3(2) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F5 Sch. 6 para. 3(3) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F6 Sch. 6 para. 3(9) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F7 Sch. 6 para. 3(10) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F8 Words in Sch. 6 para. 3(11) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(4)(a); S.I. 2006/2603, art. 4(5)(c)(v)

F9 Word in Sch. 6 para. 3(11) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(4)(b); S.I. 2006/2603, art. 4(5)(c)(v)

F10 Sch. 6 para. 3(14) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

F11 Sch. 6 para. 3(15) repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(3), Sch. 9; S.I. 2006/2603, art. 4(5)(c)(v)(e), Sch.

Commencement Information

I1 Sch. 6 para. 3 partly in force; Sch. 6 para. 3 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2 Sch. 6 para. 3 in force at 8.1.2004 in so far as not already in force by S.I. 2003/3346, art. 5(a)