Termination of tenure of office

8.—(1) A member may resign at any time by giving notice in writing to the Appointing Authority.

(2) If the chair ceases to be a member of the Commission, the chair’s tenure of office as chair terminates on the date of the cessation(1).

(3) If a member other than the chair is appointed to be the chair, that member’s tenure of office as such a member terminates when the appointment as chair takes effect.

(4) The tenure of office of a member other than the chair terminates upon being notified in writing by the chair—

(a) that the chair is satisfied that one of the conditions specified in paragraph (5) is met in relation to that member; and

(b) of the reason why the chair is so satisfied.

(5) The conditions are that that member—

(a) is unable or unfit to carry out the duties of that office;

(b) is failing to carry out those duties; or

(c) is disqualified from holding office (or was disqualified at the time of appointment).

(6) Without prejudice to paragraph (4) and subject to regulation 10, the tenure of office of a member appointed under regulation 3(4) terminates—

(a) where that member ceases to be a director of a Local Healthwatch organisation, on the date of the cessation;

(b) where that member becomes a member of the Commission, on the date on which that member’s appointment as such a member takes effect; and

(c) where the condition specified in regulation 3(5)(b) ceases to be satisfied as a result of that member becoming a director of a Local Healthwatch organisation other than that of which that member is currently a director, on the date of the cessation.

(7) Where a person has been appointed as a member under regulation 3(4), that person must give notice in writing to the chair if that person’s tenure of office as a member is terminated under paragraph (6).

(8) For the purposes of paragraph (1), “the Appointing Authority”—

(a) in relation to a member who is the chair, means the Secretary of State; and

(b) in relation to any other member, means the chair.

(1)

See S.I. 2008/2252, regulations 3 and 6 as to the tenure of office and the termination of tenure of office, respectively, of members of the Commission.