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

Chairman and other members

3 (1) The CHAI is to consist of—

(a) a person appointed as chairman by the relevant Special Health Authority,

(b) a member appointed by the relevant Special Health Authority who appears to that Authority to be suited to make the interests of Wales his special care, and

(c) other members appointed by the relevant Special Health Authority.

(2) In paragraphs (a) and (c) of sub-paragraph (1), “relevant Special Health Authority” means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that paragraph.

(3) In paragraph (b) of sub-paragraph (1), “relevant Special Health Authority” means the Special Health Authority which is directed by the Assembly to exercise the function of appointment under that paragraph.

(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.

(9) The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (2) to exercise so much of any function of his under sub-paragraph (4) or under regulations under sub-paragraph (7) as may be specified in the direction.

(10) The Assembly may direct the Special Health Authority referred to in sub-paragraph (3) to exercise so much of any function of the Assembly under sub-paragraph (5) or under regulations under sub-paragraph (7) as may be specified in the direction.

(11) The Special Health Authority referred to in sub-paragraph (2) must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the Special Health Authority referred to in sub-paragraph (3) 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).

(14) Where directions are given under this paragraph to a Special Health Authority, the 1977 Act has effect as if—

(a) the directions were directions under section 16D of that Act for the exercise of functions relating to the health service and, accordingly,

(b) the functions were exercisable by the Special Health Authority under that section.

(15) Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section.