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

This section has no associated Explanatory Notes

3(1)The CSCI is to consist of a chairman and other members appointed by the relevant Special Health Authority.E+W

(2)In 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 sub-paragraph.

(3)The Secretary of State may in the prescribed manner remove the chairman or any other member from office if (and only if) the Secretary of State is satisfied that that person—

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

(b)is failing to carry out the duties of his office, or

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

(4)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).

(5)Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions referred to in sub-paragraph (3) is or may be satisfied in relation to that person.

(6)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 (3) or under regulations under sub-paragraph (4) as may be specified in the direction.

(7)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.

(8)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.

Commencement Information

I1Sch. 7 para. 3 partly in force; Sch. 7 para. 3 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2Sch. 7 para. 3 in force at 1.1.2004 for E. in so far as not already in force by S.I. 2003/3346, art. 3(a)