Human Tissue Act 2004

Tenure of office E+W+N.I.

4 E+W+N.I. Subject to the following provisions of this Schedule, the chairman and other members of the Authority shall hold and vacate office in accordance with the terms of their respective appointments.

Commencement Information

I1 Sch. 2 para. 4 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)

5 (1) The terms of appointment of the chairman and other members of the Authority shall be such as the Secretary of State may determine, subject to sub-paragraph (2). E+W+N.I.

(2) Appointment as chairman or other member shall be for a term not exceeding three years.

Commencement Information

I2 Sch. 2 para. 5 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)

6 E+W+N.I. Previous service as chairman or other member of the Authority does not affect a person’s eligibility for appointment to either office.

Commencement Information

I3 Sch. 2 para. 6 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)

7 E+W+N.I. A person holding office as chairman or other member of the Authority may resign that office by giving notice in writing to the person who appointed him.

Commencement Information

I4 Sch. 2 para. 7 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)

8 E+W+N.I. A person holding office as chairman or other member of the Authority shall cease to hold that office if he ceases to be qualified for appointment to it.

Commencement Information

I5 Sch. 2 para. 8 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)

9 E+W+N.I. A person may be removed from office as chairman or other member of the Authority by the person who appointed him if that person is satisfied that he—

(a) has been absent from meetings of the Authority for six consecutive months, or longer, without the permission of the Authority, or

(b) is unable or unfit to carry out his functions as chairman or other member.

Commencement Information

I6 Sch. 2 para. 9 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)

[F1 9A E+W+N.I. The appointing authority may suspend a person from office as chairman or other member of the Authority if it appears to the appointing authority that one of the conditions in paragraph 9 is or may be satisfied in relation to the person.

Textual Amendments

F1 Sch. 2 paras. 9A-9C inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 3 para. 7 (with Sch. 3 para. 19); S.I. 2010/30, art. 2(d)

9B (1) This paragraph applies where the appointing authority decides to suspend a person under paragraph 9A. E+W+N.I.

(2) The appointing authority must give notice to the person of the decision and the suspension takes effect on receipt by the person of the notice.

(3) A notice under subsection (2) may be—

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

(b) sent by first class post to the person's last known address, in which case the person 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 appointing authority may review the person's suspension at any time.

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

(7) Following a review the appointing authority may—

(a) revoke the suspension, or

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

(8) The appointing authority must revoke the suspension if at any time—

(a) it decides that neither of the conditions mentioned in paragraph 9 is satisfied, or

(b) it decides that either of those conditions is satisfied but does not remove the person from office as chairman or other member of the Authority.

(9) A person who is suspended under paragraph 9A is to be disregarded at any time during the suspension for the purposes of paragraph 1(1)(c) or (d).

(10) In this paragraph “the appointing authority”, in relation to a person appointed as chairman or other member of the Authority, means the person who appointed him.

Textual Amendments

F1 Sch. 2 paras. 9A-9C inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 3 para. 7 (with Sch. 3 para. 19); S.I. 2010/30, art. 2(d)

9C (1) This paragraph applies where a person is suspended from office as chairman under paragraph 9A. E+W+N.I.

(2) The Secretary of State may appoint a member of the Authority as the interim chairman to exercise the chairman's functions.

(3) The Secretary of State may only appoint a member as the interim chairman if the member is not disqualified for being appointed as chairman by virtue of paragraph 2.

(4) Subject to the following provisions of this paragraph, the interim chairman shall hold and vacate office in accordance with the terms of his appointment.

(5) Appointment as interim chairman shall be for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chairman, or

(ii) the revocation or expiry of the existing chairman's suspension; and

(b) the remainder of the interim chairman's term as a member of the Authority.

(6) Previous service as chairman or interim chairman of the Authority does not affect a person's eligibility for appointment as interim chairman.

(7) A person holding office as interim chairman of the Authority may resign that office by giving notice in writing to the Secretary of State.

(8) The Secretary of State may remove a person from office as interim chairman if he is satisfied that it would be in the best interests of the Authority for another member to be the interim chairman.]

Textual Amendments

F1 Sch. 2 paras. 9A-9C inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 3 para. 7 (with Sch. 3 para. 19); S.I. 2010/30, art. 2(d)