Suspension from officeE+W
4(1)This paragraph applies where a person is suspended under paragraph 3(4).E+W
(2)The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
(3)The notice may be—
(a)delivered in person (in which case, the person is taken to receive 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 taken to receive it on the third day after the day on which it is posted).
(4)The initial period of suspension must not exceed six months.
(5)The Secretary of State may at any time review the suspension.
(6)The Secretary of State—
(a)must review the suspension if requested in writing by the person to do so, but
(b)need not review the suspension less than three months after the beginning of the initial period of suspension.
(7)Following a review during a period of suspension, the Secretary of State may—
(a)revoke the suspension, or
(b)suspend the person for another period of not more than six months from the expiry of the current period.
(8)The Secretary of State must revoke the suspension if the Secretary of State—
(a)decides that there are no grounds to remove the person from office under paragraph 3(3), or
(b)decides that there are grounds to do so but does not remove the person from office under that provision.
Commencement Information
I1Sch. 8 para. 4 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)
5(1)Where a person is suspended from office as the chair under paragraph 3(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions.E+W
(2)Appointment as interim chair is for a term not exceeding the shorter of—
(a)the period ending with either—
(i)the appointment of a new chair, or
(ii)the revocation or expiry of the existing chair's suspension, and
(b)the remainder of the interim chair's term as a non-executive member.
(3)A person who ceases to be the interim chair is eligible for re-appointment.
Commencement Information
I2Sch. 8 para. 5 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)