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Section 59 of the Mental Capacity Act 2005 (c.9) establishes a Public Guardian Board to oversee the functions of the Public Guardian. These Regulations make provision in relation to tenure of office of members and as to the procedure of the Board.
Regulations 3, 4, 5 and 6 make provision as to the selection of the chairman, tenure of office of the chairman and members of the Board and procedures for resignation, suspension and removal.
Regulation 7 makes provision about the procedure of the Board (including quorum and voting). Regulation 8 provides for the validity of proceedings notwithstanding a vacancy in the membership or a defect in a member’s appointment or in the chairman’s selection. Regulation 9 provides that the Board must hold at least one meeting each year that is open to members of the public to attend.
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