The Appointments Commission Regulations 2006

Termination of office of chairman, non-executive members and commissioners

7.—(1) The chairman or a non-executive member or commissioner may resign his office at any time during his period of office by giving notice in writing to the Secretary of State.

(2) Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Commission or of the health service that the chairman or a non-executive member or commissioner should continue to hold office, the Secretary of State may immediately remove that person from the office of chairman, non-executive member or commissioner (as the case may be) by giving him notice in writing to that effect.

(3) If the chairman or a non-executive member fails to attend any meeting of the Commission for a period of three months the Secretary of State shall immediately remove him from office unless satisfied that—

(a) the absence was due to a reasonable cause; and

(b) the person in question will be able to attend meetings of the Commission within such a period as the Secretary of State considers reasonable.

(4) If a commissioner fails to attend any meeting of the Health and Social Care Appointments Committee for a period of three months the Secretary of State shall immediately remove him from office unless satisfied that—

(a) the absence was due to a reasonable cause; and

(b) the person in question will be able to attend meetings of that committee within such a period as the Secretary of State considers reasonable.

(5) Where a person has been appointed to be the chairman or a non-executive member or commissioner, and he becomes disqualified for appointment under regulation 5, he shall notify the Secretary of State in writing of such disqualification.

(6) Where a person has been appointed to be the chairman or a non-executive member or commissioner, and it comes to the notice of the Secretary of State (whether under paragraph (5) or otherwise) that at the time of his appointment or later he was disqualified for appointment under regulation 5—

(a) the Secretary of State shall declare that the person in question was not duly appointed or (as the case may be) became disqualified after appointment;

(b) the Secretary of State shall remove him from office by notifying him in writing to that effect; and

(c) upon receipt of such notification, he shall cease to act as chairman, non-executive member or commissioner.

(7) This paragraph applies to any provision made by the Commission under paragraph 11 of Schedule 4 to the Act that requires the chairman or a non-executive member or commissioner—

(a) to disclose any pecuniary interest in any contract, proposed contract or other matter that is the subject of consideration of any meeting of the Commission, or of a committee or sub-committee of the Commission; or

(b) not to take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(8) Where it appears to the Secretary of State that the chairman or a non-executive member or commissioner has failed to comply with a provision to which paragraph (7) applies, the Secretary of State may immediately remove him from office by giving him notice in writing to that effect.