The National Health Service Bodies (Membership and Procedure) Amendment Regulations 2010

Amendments of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005

9.—(1) The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005(1) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “the Act” insert—

““appointee” means the chairman or a non-officer member of the Authority;”.

(3) After regulation 5 (termination of tenure of office of chairman and non-officer members) insert—

“Suspension of appointee

5A.— (1) The Secretary of State may suspend an appointee from office while the Secretary of State considers whether—

(a) to remove the person from office under regulation 5(2) or (6); or

(b) the person has become disqualified for appointment under regulation 3, or was so disqualified at the time of appointment.

(2) The Secretary of State must give notice in writing to the appointee of the decision to suspend and the suspension takes effect on receipt of such notification.

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

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

(b) sent by first class post to the appointee’s last known address, in which case the appointee 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 Secretary of State may review the appointee’s suspension at any time.

(6) The Secretary of State must review the appointee’s suspension if requested in writing by the appointee 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 Secretary of State may—

(a) revoke the suspension; or

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

(8) The Secretary of State must revoke the suspension if at any time the Secretary of State decides that—

(a) there are no grounds to remove the chairman or non-executive member from office under regulation 5(2) or (6);

(b) there are such grounds but does not remove that person from office as chairman or non-executive member under these provisions; or

(c) the person is not disqualified for appointment under regulation 3.

Suspension of chairman: appointment of vice-chairman

5B.— (1) This regulation applies where the chairman is suspended under regulation 5A.

(2) If a vice-chairman has been appointed under regulation 6(1) (appointment of vice-chairman) that appointment shall cease to have effect.

(3) The Secretary of State may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be the vice-chairman.

(4) The appointment of a vice-chairman under paragraph (3) shall be for a period, not exceeding the shorter of—

(a) the period for which the chairman is suspended; and

(b) the remainder of the non-officer member’s term as a member of the Authority.

(5) When the period for which a person is appointed as vice-chairman expires, the Secretary of State may re-appoint the person, or appoint another non-officer member as vice-chairman.

(6) Any person appointed under paragraph (3) or (5) may at any time resign from the office of vice-chairman by giving notice in writing to the Secretary of State.

(7) A notice given under paragraph (6) shall take effect—

(a) where a date is specified in the notice as that on which the resignation is to take effect, on that date; or

(b) in any other case, on the date that the notice is received by the Secretary of State.

(8) The Secretary of State may terminate a person’s appointment as vice-chairman under paragraph (3) or (5) if the Secretary of State is of the opinion that it would be in the best interests of the Authority for another non-officer member of the Authority to be vice-chairman.

(9) If—

(a) a person resigns from the office of vice-chairman under paragraph (6); or

(b) the Secretary of State terminates a person’s appointment as vice-chairmanunder paragraph (8),

the Secretary of State may appoint another non-officer member as vice-chairman.”.

(4) In regulation 6 (appointment of vice-chairman)—

(a) insert after paragraph (2)—

“(2A) This regulation does not apply where regulation 5B applies.”; and

(b) omit paragraph (3).

(5) After regulation 6 insert—

“Powers of vice-chairman

6A.— (1) This regulation applies where—

(a) the chairman of the Authority is suspended under regulation 5A and a non-officer member of the Authority is appointed to be vice-chairman under regulation 5B; or

(b) a non-officer member of the Authority is appointed to be vice-chairman under regulation 6, and the chairman of the Authority–

(i) has died or has ceased to hold office; or

(ii) is unable to perform the chairman’s duties owing to illness, absence from England and Wales or any other cause.

(2) Where this regulation applies—

(a) the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes the chairman’s duties, as the case may be; and

(b) the references to the chairman in the Schedule shall, so long as there is no chairman able to perform the chairman’s duties, be taken to include references to the vice-chairman.”.

(1)

S.I. 2005/2531 to which there are no relevant amendments.